ELECTRONIC WAIVER

RELEASE OF LIABILITY

READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity of Force On Force, Firearms, Edged Weapons, Martial Arts, and other Defensive Training organized by Applied Defense Concepts, use of property, facilities, and services of Applied Defense Concepts, I agree for myself and/or my child to the following:

1. AGREE TO FOLLOW ALL DIRECTIONS. I agree to observe and obey all issued and posted rules and warnings, and further agree to follow any oral instructions or directions given by Applied Defense Concepts, or the employees, representatives or agents of Applied Defense Concepts.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities which can place me, my family members (if applicable), and other participants at risk. I also acknowledge the risks involved in Force of Force Defensive Training as well as the inherent risks associated with the use of equipment used for and during participation in a class. These include but are not limited to: injury by use of airsoft equipment, injury due to landscape, injury caused by contact with another participant or instructor, injury due to active participation in training scenarios, and Acts of God. I swear that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity. I assume full responsibility for personal injury to myself and, (if applicable), my family members, and further voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Applied Defense Concepts and it’s owners, instructors, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my or my family's use of or presence upon the facilities of Applied Defense Concepts and affiliates, whether caused by the fault of myself, my family, Applied Defense Concepts, Acts of God, or other third parties (including but not limited to other participating and non-participating members). I agree to hold Applied Defense Concepts entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.

3. INDEMNIFICATION. I agree to indemnify and defend Applied Defense Concepts against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Applied Defense Concepts.

4. FEES. I agree to pay for all damages to Applied Defense Concepts and participating facilities caused by any negligent, reckless, or willful actions by me or my family. This is to include but not limited to: damage to property and damage to equipment.

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Virginia law.

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement at the time of signing if I so desire. I further agree and acknowledge that Applied Defense Concepts has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the parties. In the event of any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforce-ability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

9. AUTHENTICATION. I hereby agree that ALL information I provide to Applied Defense Concepts in this Agreement is true to the best of my knowledge.

10. VIDEO/PICTURE RELEASE: By signing this form, I am aware and consent to being videotaped or photographed by Applied Defense Concepts employees and representatives for purposes that may include, but are not limited to, use in advertisements, web site(s), television show(s), training presentation video(s), and any other publication(s). I also waive any right to compensation for such uses, or to inspect and/or approve the uses beforehand. I release Applied Defense Concepts, and all of their employees, legal representatives, and persons acting under its permission or authority, from any liability for any alteration to photographs or video footage taken where I am present.

By signing below I forfeit all right to bring a suit against Applied Defense Concepts for any reason. In return, I will receive of Force On Force Defensive Training organized by Applied Defense Concepts. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.