**TacSkills Live Training Waiver**
**WAIVER OF LIABILITY AND PHOTO RELEASE**
I, _________________________________________, hereby assume all risks by agreeing to the following:
1. I voluntarily choose to participate in a Training Course (hereafter referred to as “class”) provided by TacSkills. I acknowledge the risks and hazards involved and understand that serious and life-threatening injuries can occur while handling or using a firearm, engaging in martial arts, participating in the class, or later from the materials presented, whether due to the passive or active negligence of TacSkills, its representatives, entities, or otherwise.
2. I understand that it is my responsibility to consult with a physician before participating in the class. I affirm that I am physically fit and have no medical, psychological, or other conditions that would prevent my full participation in the class.
3. I recognize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or due to their possible liability without fault.
4. In consideration of being allowed to participate in the class, I agree to assume full responsibility for any and all risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the class.
5. I hereby authorize TacSkills to seek qualified medical assistance to care for me in the event of injury or other medical conditions requiring treatment and to administer emergency care during the class.
6. I agree that if the instructor believes that I am or will be involved in criminal activity, the instructor will expel me from the class without a refund. I also agree to hold the parties covered in this waiver not liable for slander and/or libel as part of being expelled.
7. I agree that if the instructor believes that I am or will be unsafe or dangerous, the instructor can expel me from the class without a refund. I also agree to hold the parties covered in this waiver not liable for slander and/or libel as part of being expelled.
8. I understand that photos and videos may be taken during the class, and I grant permission to TacSkills, its agents, and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me or members of my family for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or medium.
9. I understand that I must sign this release of liability and photo waiver and fully comprehend the structure and nature of the class, as well as the risks involved, before being allowed to participate. I have read the above release and waiver of liability and fully understand its contents. I have been informed of all risks involved and I voluntarily agree to the terms and conditions stated above.
10. I agree that if any provisions of this release are held to be invalid, the balance of the release shall continue in full force and effect.
11. **Refund Policy**: I understand that TacSkills does not offer refunds on courses. However, credit towards another course may be granted on a case-by-case basis.
12. **Instructor Availability**: I understand that TacSkills instructors are current active military personnel and may be called away to service without warning. In such an event, I will be given the option to receive a refund or to hold a credit balance for future use once the instructor returns.
13. **INDEMNIFICATION**: In further consideration of TacSkills accepting me, __________________, as a student and allowing me to participate in its course offerings, I hereby EXPRESSLY AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS TacSkills and its successors, assigns, insurers and reinsurers, servants, agents, contractors of all tiers, officers, directors, members, employees, attorneys, owners, parents, subsidiaries, affiliates, customers, instructors, and all other persons, firms, or corporations for whom it may be vicariously liable (collectively referred to as the “Released Parties”) from any and all liability of claims, demands, and/or actions of any kind or nature arising out of and/or related to my participation in the class whether asserted by me and/or anyone claiming to be asserting a claim in any capacity on my behalf against the Released Parties. It is expressly agreed and acknowledged by me that the indemnity agreement herein discussed extends to all claims or allegations of negligence (whether sole or concurrent) against the Released Parties (i.e., the indemnitees are being indemnified with respect to their own negligence). I ACKNOWLEDGE THAT I HAVE REVIEWED THIS INDEMNITY AGREEMENT AND REPRESENT THAT I HAVE ACTUAL KNOWLEDGE OF THIS INDEMNITY AGREEMENT. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY ME THAT THIS INDEMNITY AGREEMENT MEETS THE “EXPRESS NEGLIGENCE” AND “FAIR NOTICE” REQUIREMENTS OF TEXAS LAW.
14. **CHOICE OF LAW AND FORUM**: This Agreement shall be governed exclusively by the laws of the State of Texas without regard to or application of conflict of law rules or principles. Any dispute arising out of or related to this Agreement shall be brought exclusively in the District Courts of Texas.