This Release of Claims and Waiver of Liability (the “RELEASE”) I the undersigned, in favor of Michael Cargill, CTCHGC LLC, Central Texas Gun Works, and all the instructors, employees, or agents of the foregoing (collectively, “CENTRAL TEXAS GUN WORKS”).
WHEREAS, I desire to participate in a handgun license class being conducted and administered by CENTRAL TEXAS GUN WORKS (“LTC CLASS”).
WHEREAS, CENTRAL TEXAS GUN WORKS has agreed to allow me to participate in the LTC CLASS and the activities included in and surrounding the LTC CLASS conditioned upon my understanding and recognition that my participation in the LTC CLASS is at my own risk and the execution of this RELEASE.
THEREFORE, in consideration of being permitted to participate in the LTC CLASS, I hereby enter into and agree to be bound by the terms of this RELEASE, on behalf of myself and my personal representatives, assigns, heirs, next of kin, and estate.
1. Representations & Warranties
(a) I represent that I fully understand that I and other students in the class will have access to and must handle firearms and ammunition as an essential part of the curriculum of the LTC CLASS. I further acknowledge that handling and using firearms is an extremely dangerous activity that may result in serious bodily harm or even DEATH. I fully understand that these risks and dangers may be caused by my own actions, inactions, or omissions; the actions, inactions, or omissions of other participants in the LTC CLASS; the conditions in which the handling of firearms takes place (including but not limited to the firing range and its equipment and other firearms facilities or equipment); and/or the negligent actions, inactions, or omissions of CENTRAL TEXAS GUN WORKS. I hereby FULLY ACCEPT AND ASSUME ALL RESPONSIBILITY FOR THE RISKS DESCRIBED ABOVE while a participant in the LTC Class.
(b) I represent that I possess the requisite skill and training to participate in the LTC CLASS in a safe manner. I further represent, agree, and warrant that I will examine and inspect each activity and piece of equipment involved in the LTC CLASS (including but not limited to firearms, ammunition, holsters, firing range, firing range equipment, hearing protection, eye protection, rental guns, or any other equipment used in or for the LTC Class). I hereby FULLY ACCEPT AND ASSUME ALL RESPONSIBILITY FOR THE RISKS of using any facility or equipment used in or for the LTC Class, regardless of the origin or ownership of the equipment. I represent, agree, and warrant that if I observe any activity or equipment that I consider to be hazardous or potentially harmful to myself or others, I will notify the instructor of the LTC CLASS immediately and will refuse to take part in any activities I consider unsafe until the condition has been corrected to my satisfaction.
(c) I understand that the curriculum of the LTC CLASS includes sections that cover several topics regarding firearms and the concealed/open carry of firearms. I represent and agree that I fully understand that I am solely responsible for if, when, where and how I own, posses, carry, or use a firearm and/or weapon. Further, I fully understand and agree that I am solely responsible for and charged with knowing the current laws, statutes, and regulations regarding firearms and those governing concealed/open carry. I fully understand and agree that after the LTC CLASS is concluded, if I choose to own, possess, and/or carry a firearm, including a concealed/openly carried handgun, I am solely responsible for complying with all laws, statutes and regulations. I further understand and agree that if I ever decide to use or not use my firearm for any purpose, the decision to do so is my sole responsibility and based upon the circumstances that exist at the time and my own personal judgment. I understand and agree that any opinions that may be expressed in the LTC CLASS concerning use of force, use of deadly force, use of firearms doctrines, use of personal defense doctrines, use of ammunition, use of a particular technique, product, or manufacture of personal defense product or otherwise, or personal defense doctrine, are strictly the opinion of that instructor, and I shall make my own independent decisions regarding the validity of those opinions.
(d) I acknowledge and understand that in-person participation in the LTC CLASS includes possible exposure to and illness from infectious diseases, including but not limited to COVID-19, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I further acknowledge and understand that CENTRAL TEXAS GUN WORKS cannot prevent me from becoming exposed to, contracting, or spreading such infectious diseases (including COVID-19) while participating in the LTC CLASS. I HEREBY KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND INCLUDING THE RISK OF CONTRACTING COVID-19, EVEN IF ARISING FROM THE NEGLIGENCE OF CENTRAL TEXAS GUN WORKS OR OTHERS, and assume full responsibility for my participation in the LTC CLASS. I willingly agree to comply with the guidelines issued by the Centers for Disease Control and any state or local laws concerning COVID-19, as well as any instructions provided by CENTRAL TEXAS GUNWORKS. I represent and warrant, and agree that if I observe any unusual or significant hazard during my presence or participation, I will notify the instructor of the LTC CLASS immediately and will refuse to take part in any activities I consider unsafe until the condition has been corrected to my satisfaction.
(e) I represent and warrant that I am fully authorized to execute and deliver this RELEASE without obtaining the consent or joiner of any other person.
(f) CENTRAL TEXAS GUN WORKS makes no representations and provides no warranty regarding the fitness or safety of the LTC CLASS, activities included in or surrounding the LTC CLASS, firearms used during the class, whether rented from CENTRAL TEXAS GUN WORKS or otherwise, or any firing range at which any portion of the LTC CLASS is conducted. Further, CENTRAL TEXAS GUN WORKS makes no representations and provides no warranty regarding any topics discussed during the LTC CLASS, including without limitation the use of force, use of deadly force, use of firearms doctrines, use of personal defense doctrines, use of ammunition, use of a particular technique, product, or manufacture of personal defense product or otherwise, or personal defense doctrine.
2. Release, Waiver& Indemnification
(a) On behalf of myself and my personal representatives, heirs, next of kin, and estate, I HEREBY FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS, DISCHARGE, COVENANT NOT TO SUE, AND FOR EVER DISCHARGE CENTRAL TEXAS GUN WORKS and its owners, members, employees, managers, officers, agents, assigns, and contractors from any and all liability, claims, actions, rights of action, causes of action, suits, or demands of any nature, known or unknown, in tort or in contract, at law or in equity, for any and all loss or damage, including without limitation any loss or damage on account of any bodily injury, illness, disease, death, or damage or loss to person or property, in connection with, caused by, or otherwise related to:
(i) my participation in the LTC CLASS, including, but not limited to, my use and handling of firearms (including any firearms rented from CENTRAL TEXAS GUN WORKS), any exposure to or illness from infectious diseases (including COVID-19), my travel to or from any activity during the LTC CLASS, and/or anything that I may have been taught, learned, not taught, or did not learn, in the LTC CLASS;
(ii) the defective nature or negligent maintenance of any firearms rented from CENTRAL TEXAS GUN WORKS; and
(iii) the negligent, grossly negligent, or willful acts or omissions of any third party, including, but not limited to, the acts or omissions of other participants in the LTC CLASS;
without limit and regardless of whether such claims are CAUSED BY OR CONTRIBUTED TO, IN whole or in part, The negligence of CENTRAL TEXAS GUN WORKS OR ITS OWNERS, memBers, employees, managers, officers, agents, assigns, and contractors. I understand that this release and waiver means that I am giving up my right to bring any claims for personal injuries, death, disease, or property losses, or any other loss, including but not limited to claims for negligence, and that I am giving up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
(b) I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESSCENTRAL TEXAS GUN WORKS and its owners, members, employees, managers, officers, agents, assigns, and contractors for any and all losses, including but not limited to court costs and attorney fees, in connection with, arising out of, or resulting from (i) my own negligent, grossly negligent, and/or willful acts or omissions, and(ii) any claims, actions, causes of action, suits, or demands of any nature released by me pursuant this RELEASE without limit and regardless of whether such claims are CONTRIBUTED TO, in whole or in part, upon the negligence of CENTRAL TEXAS GUN WORKS, ITS OWNERS, memBers, employees, managers, officers, agents, assigns, and contractors.
3. Miscellaneous
(a) The parties expressly agree that this RELEASE is a complete and unconditional waiver and release and is intended to be as broad and inclusive as permitted by the laws of the State of Texas. If any provision of this RELEASE is held to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and such provision shall otherwise be severed from this RELEASE and the validity, legality, and enforceability of the remaining provisions of this RELEASE will not in any way be affected or impaired thereby.
(b) This RELEASE contains the entire agreement between the parties and supersedes any prior agreements between them, whether written or oral, with respect to the subject matter hereof. No waiver, alteration, or modification of any provisions of this RELEASE shall be binding unless in writing and signed by the duly authorized representatives of the parties hereto. This RELEASE shall be construed in accordance with the laws of the State of Texas without regard to principles of conflict of laws. In the event any dispute concerning this RELEASE or my participation in the LTC CLASS, suit shall be brought only in a court of competent jurisdiction in Travis County, Texas.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. IN EXECUTING THIS AGREEMENT, I AM NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS MADE BY CENTRAL TEXAS GUN WORKS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY, WAIVER OF CLAIMS AND A CONTRACT BETWEEN MY SELF AND CENTRAL TEXAS GUN WORKS. I HAVE EXECUTED THIS RELEASE OF MY OWN FREE WILL AND I HAVE HAD THE OPPORTUNITY TO CONSULT INDEPENDENT LEGAL COUNSEL IN EVALUATING WHETHER OR NOT TO ENTER INTO THIS RELEASE.