DISCLAIMER
Last updated April 12, 2022
ASSUMPTION OF RISK & RELEASE
This is a legally binding release, waiver and indemnification of liability, express assumption of risks, and firearm possession certification. Please read this document in its entirety and carefully.
In consideration of taking these courses from Toolbox Tutorials, each of whom does business as Toolbox Tutorials, Tactical Toolbox, Toolbox Media LLC and each of their respective agents, owners, members, managers, stockholders, officers, directors, volunteers, participants, employees, affiliates and all other persons or entities acting in any capacity on their respective behalves (collectively “Indemnified Parties”), I hereby enter into this legally binding release of liability, waiver of claims, assumption of risk, indemnity agreement, and firearm possession certification (collectively, the “Agreement”) on the date set forth below. The undersigned acknowledges and agrees that this Agreement shall be valid and binding on the undersigned regardless of whether he/she uses the services or products of the Indemnified Parties one time or on a repeated basis. As used in this Agreement, the term “the undersigned” includes minors in the care of the undersigned.
1. INHERENT RISKS. I am fully informed of the inherent risks and hazards of various activities while taking the Toolbox Tutorials Courses (a) Toolbox Tutorials, which activities include without limitation, building firearms, modifying firearms, assembly and disassembly of firearms, cleaning firearms, finishing 80% lower receivers, 3D printing lower receivers, making lower receivers from 0% materials, Loading Ammunition, dry firing firearms, live firing firearms the “Activities”).
I understand there are risks inherent in these activities. I further understand that the Activities entail known, unknown and unanticipated risks that could result in personal injury, paralysis, emotional injury, death or other damage to myself, to property, or to third parties and understand and acknowledge that the enjoyment of this type of activity derives in part from the inherent risks beyond the accepted safety of my normal day-to-day activities. In particular, I acknowledge that, while building and modifying firearms can be fun and enjoyable. These inherent risks are real and pose a real threat to safety.
I acknowledge that these inherent risks in the Activities are an integral reason for my participation in such Activities and understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activities. The inherent dangers and risks involved in engaging in the Activities include, without limitation, negligent discharges, accidental discharge from faulty parts, accidental discharges from improper use and installation, parts breaking and causing injury whether during live fire or on the work bench, smashing fingers with hammers, flying parts injuring eyes and other body parts. I understand that the aforementioned risks and hazards are described by way of example only, and that there are numerous other risks and hazards inherent in the Activities.
ASSUMPTION OF RISKS. I understand that there are, and am aware of, hazards, risk and dangers of Toolbox Tutorials, by way of example, that may cause serious bodily harm or death or cause damage to or destruction of my personal property, and I hereby assume all risks in connection with such hazards, risks and dangers. I understand and appreciate the nature of the extent of such hazards, risks and dangers; I voluntarily, knowingly and expressly consent to exposing myself and my property to such hazards, risks and dangers; and I further agree and understand that none of the Indemnified Parties assume any liability for damages or injury to the person or property of the undersigned occurring as a result of taking the online courses. I also assume the risk I may experience malfunctions of the firearms when building and/or modifying firearms that could result in property damage and/or personal bodily & emotional damage, and even death.
2. RELEASE & WAIVER. In consideration of my being allowed to participate in the Toolbox Tutorials courses I agree to the following:
a. I, on behalf of myself and my heirs, successors and anyone claiming any interest through me or on my behalf, knowingly, intentionally and voluntarily waive, release, indemnify and agree to hold harmless the Indemnified Parties and all other persons or entities with an interest, vested or unvested, in the Indemnified Parties, and other users Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC. from all actions, suits, claims, damages and liability (including attorney’s fees and costs) that I, my family, successors, heirs, assignees, and anyone claiming any interest through me or on my behalf, may have for any damage, injury, paralysis, loss or death to myself or any personal property arising out of my participation in the Activities from using the courses from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC, whether such damage, injury, paralysis, loss or death results from negligence, joined or concurrent, passive or active, of any of the Indemnified Parties or from some other cause, whether such action.
b. I understand and agree that none of the Indemnified Parties may be held liable or responsible in any way to me or my family, heirs, successors, assignees or anyone claiming any interest through me, for any damage, injury, paralysis, loss or death to myself or any personal property arising out of my participation in the Activities from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC, or as a result of the negligence of any participant or party, including the Indemnified Parties, whether joined or concurrent, passive or active. I understand and explicitly agree neither my family, heirs, successors, assigns or anyone claiming an interest through me or on my behalf, will bring any legal action whatsoever against any of the Indemnified Parties as a result of such damage, injury, paralysis, loss or death to myself, any other person, or property that may arise out the course participation in the Activities from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC.
4. INDEMNITY. I hereby agree to and shall indemnify and hold harmless the Indemnified Parties from and against any and all losses, injuries, costs, damages, claims, demands, suits, actions, liabilities, judgments and expenses, including without limitation litigation costs and all attorney’s and expert’s fees and expenses, on account of damage to or loss or destruction of any property or injury to or death of any person arising directly or indirectly out of or in connection with or that may arise out of taking the courses from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC, or otherwise out of participation in Activities, whether caused by the negligent act or omission of the Indemnified Parties or otherwise. It is expressly understood by me that by the terms of this paragraph I am agreeing to indemnify the Indemnified Parties and hold each of them harmless from the consequence of any such Indemnified Party’s negligence, whether such negligence be joined or concurrent, active or passive.
5. CERTIFICATION. I certify that I have sufficient skill and fitness to participate in the Activities and further certify that I have no medical, mental or physical conditions that could interfere with my safety or ability to participate in the Activities, and I am willing to assume and bear the costs of all risks and losses that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs that I may cause or suffer while participating in Activities or using the courses from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC, and I agree to bear the costs and/or losses of such injury, damage or emergency transportation costs myself.
6. EMERGENCY MEDICAL CARE. I further agree if necessary I will seek emergency medical care for myself or others for injuries that may occur from participating in the courses from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC, by signing this Agreement, I am responsible for any expenses that may occur from injuries or death.
7. Lawful/Unlawful Uses. By participating in the courses from Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC. I agree to only use firearms in a lawful manner following all Federal, local, and State Laws that are applicable to my state of residence. The Indemnified Parties shall not be liable nor responsible for any damages caused by my use or misuse of firearms, ammunitions, magazines, including but not limited to other parts or accessories, regardless if the use is legal or illegal.
9. CHOICE OF LAW. I agree that the substantive law of the State of Arizona shall apply in any action arising from the Activities or otherwise under this Agreement without regard to conflict of law rules of the State of Arizona. I agree to submit to the jurisdiction to the courts of Maricopa County, Arizona. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement is intended to be interpreted as broadly as possible.
10. AUTHORITY TO SIGN. I represent and warrant that I am of lawful age and legally competent to sign this Agreement individually. I further represent and warrant that I have read, understood and signed this Agreement on behalf of myself, my heirs, successors, and assignees.
IN WITNESS WHEREOF, I have executed this Agreement individually as of the date set forth immediately below.
I, THE UNDERSIGNED, (“PARTICIPANT”) HEREBY ACKNOWLEDGES THAT PARTICIPANT HAS VOLUNTARILY DECIDED TO PARTICIPATE AND/OR OBSERVE IN A FIREARMS RELATED ONLINE COURSE PRESENTED BY Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC. I THE PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT THE COURSE INCLUDES, BUT IS NOT LIMITED TO, THE USE OF FIREARMS, GUNSMITHING, DRY FIRING, MODIFYING, PARTS INSTALLATION AND LIVE AMMUNITION IN SHOOTING AND RELATED ACTIVITIES.
PARTICIPANT ACKNOWLEDGES AND AGREES THAT PARTICIPANT IS COMPETENT TO HANDLE FIREARMS AND HAS BEEN ADEQUATELY TRAINED IN THE SAFE USE AND HANDLING OF FIREARMS.
PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT SHOOTING AND RELATED ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of Participant or of other persons. Participant understands that such risks cannot be completely eliminated. The risks include, but are not limited to:
*Gun-shot injuries to Participant or others
*Partial or total loss of eyesight or hearing
*Inhalation or other harmful contact with lead or other contaminants
*Injuries from falling debris
*Injury to self from mistakes in gun handling such as injuries to fingers
PARTICIPANT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT the Course has both known and unanticipated hazards which create risks during the Participation in the Course. I The Participant understands and acknowledges that such risks and hazards cannot be completely eliminated.
PARTICIPANT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC has no duty to undertake first-aid or first responder treatment in the event Participant suffers injury from any risk or hazard associated with the Course.
THE PARTICIPANT HEREBY ASSUMES ALL RISKS AND LIABILITY ASSOCIATED WITH THE COURSE, UNDERSTANDING THE INHERENT RISKS ASSOCIATED WITH FIREARMS AND THE SPORT OF SHOOTING. PARTICIPANT HEREBY ASSUMES ALL RISKS OF ACCIDENT OR INJURY AND RELEASES AND FOREVER DISCHARGES Toolbox Tutorials, Tactical Toolbox, Toolbox Media LLC, THEIR MEMBERS, OWNERS, EMPLOYEES, OFFICERS AND AGENTS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY AND OR PROPERTY DAMAGE OF ANY KIND, WHETHER SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY NEGLIGENCE OF Toolbox Tutorials, Tactical Toolbox, Toolbox Media LLC , OR THEIR EMPLOYEES, OFFICERS OR AGENTS OR OTHERWISE. THE PARTICIPANT HEREBY AFFIRMS THAT PARTICIPANT IS IN GOOD PHYSICAL HEALTH AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT PARTICIPANT FROM PARTICIPATING IN THE COURSE. THE PARTICIPANT HEREBY AFFIRMS THAT PARTICIPANT IS IN GOOD PHYSICAL HEALTH AND DOES NOT SUFFER FROM ANY MENTAL OR PHYSICAL DISABILITY THAT WOULD PREVENT HIM FROM PARTICIPATING IN THE COURSE OR RELATED ACTIVITIES. THE PARTICIPANT FURTHER AFFIRMS THAT PARTICIPANT IS NOT CURRENTLY PREGNANT.
ABILITY TO POSSESS FIREARMS: The Participant acknowledges that live firearms are used as a necessary part of the Course. The Participant affirms that Participant is at least eighteen (18) years of age or under the supervision of a parent/guardian. The Participant acknowledges that he/she is not disqualified or disabled by law from possession or use of firearms in any manner whatsoever. Such disqualifiers include, but are not limited to, the following:
*Being a fugitive from justice
*Being under indictment for or having been convicted of a felony offense of violence or a felony offense involving a drug of abuse whether violent or not or having a similar juvenile record
*Being a drug dependent, in danger of becoming drug dependent, an unlawful user of a controlled substance or addicted to such controlled substance, or being a chronic alcoholic
*Having been adjudicated a mental incompetent or defective or committed to a mental institute involuntarily.
*Having been convicted of a crime that had the potential of more than one year in prison
*Being an illegal alien of the United States of America
*Having been discharged from the United States Armed Forces under dishonorable conditions
*Having renounced one’s United States Citizenship
*Being under a civil protection order
*Domestic Violence: Having been convicted of a crime that involves an element of use, threatened use or attempted use of physical force (i.e. violence) and that involves a victim who is a former spouse, parent, ward (whereby Participant was the ward’s guardian), with whom there is a child in common, with whom there was cohabitation, or any similarly situated person.
FIREARM NOT OWNED BY PARTICIPANT Participant acknowledges that if Participant is borrowing or renting a firearm from FORGE RELATIONS, LLC that Participant is responsible for the safe functionality and handling of the firearm. Participant understands and acknowledges that the firearm may have been used by several people before him/her and that its usage history is unknown.
PARTICIPANT AGREES THAT PARTICIPANT, PARTICIPANT’S NEXT OF KIN, HEIRS, GUARDIANS, REPRESENTATIVES, AND ASSIGNS RELEASE AND FOREVER DISCHARGE (AND AGREE NOT TO SUE) Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC and their subsidiaries, owners, members,affiliates, officers, directors, agents, employees, and representatives (including land/venue owners) from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that may result from his participation in the Course, use of the Course or Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC recommended facilities, equipment, and products, or engaging in or observing shooting and other activities, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC.
PARTICIPANT AGREES THAT PARTICIPANT, PARTICIPANT’S NEXT OF KIN, HEIRS, GUARDIANS, REPRESENTATIVES, AND ASSIGNS SHALL INDEMNIFY AND HOLD HARMLESS Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and costs) that arise directly or indirectly out of or are related to the Participant’s participation in the Course, use of the Course’s or Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC recommended facilities, equipment, and products, or engaging in or observing shooting and other activities. This indemnification shall survive in the event this Agreement is terminated for any reason.
GOVERNING LAW & AMENDMENT: This Assumption of Risk & Release Agreement must be governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be performed therein. This Assumption of Risk & Release Agreement may be amended only by a written instrument signed by all Parties.
SEVERABILITY & WAIVER: If any provision of this Assumption of Risk & Release Agreement is held to be legally invalid or unenforceable, such invalidity or unenforceability will not render the entirety of this Assumption of Risk & Release Agreement invalid. Rather, this Assumption of Risk & Release Agreement will be construed as if not containing the particular invalid or unenforceable provision.
MERGER CLAUSE: This Assumption of Risk & Release Agreement constitutes a final written expression of all the terms of this Assumption of Risk & Release Agreement and is a complete and exclusive statement of those terms. Participant affirms that no representations or promises not expressly contained herein have been made or agreed to by Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC.
PARTICIPANT UNDERSTANDS THAT BY PARTICIPANT SIGNING BELOW, PARTICIPANT IS GIVING UP SUBSTANTIAL RIGHTS, AND THAT PARTICIPANT IS AGREEING NOT TO SUE Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC AND RELEASING AND HOLDING HARMLESS Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC OF ALL LIABILITY.
I, THE UNDERSIGNED, COMPLETELY UNDERSTAND THIS THREE PAGE DOCUMENT THAT I AM SIGNING BELOW. I HAVE READ IT THOROUGHLY AND HAVE HAD THE OPPORTUNITY TO ASK Toolbox Tutorials, Tactical Toolbox, and Toolbox Media LLC ANY QUESTIONS I HAVE. I AGREE TO ALL PARTS AND PROVISIONS OF THIS ASSUMPTION OF RISK AND RELEASE AGREEMENT.
Acknowledged and agreed to by the following Participant:
RULES & REGULATIONS: Participant agrees to strictly follow all Rules & Regulations listed below governing the Course:
1. ALWAYS KEEP YOUR FIREARM POINTED IN A SAFE DIRECTION.
2. TREAT ALL FIREARMS AS IF THEY WERE LOADED.
3. KEEP YOUR TRIGGER FINGER OUTSIDE THE GUARD AND OFF OF THE TRIGGER UNTIL YOU ARE READY TO FIRE.
4. BE CERTAIN OF YOUR TARGET, YOUR LINE OF FIRE, AND WHAT LIES BEYOND YOUR TARGET.
5. ALWAYS WEAR APPROPRIATE EYE AND EAR PROTECTION WHEN SHOOTING AND MAINTAINING YOUR FIREARM.
6. ALWAYS WEAR EYE PROTECTION WHEN HANDLING FIREARMS
7. ALWAYS WEAR A SAFETY MASK OR REPORATOR WHEN HANDLING CHEMICALS ASSOCIATED WITH FIREARMS OR AMMUNITION
BY TAKING THESE COURSES I UNDERSTAND THAT FAILURE TO FOLLOW THE ABOVE RULES COULD RESULT IN MY REMOVAL FROM THE COURSE.
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