WAIVER AND RELEASE OF LIABILITY 

ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Train 2 Defend, LLC strives to maintain safe and effective facilities to be used by Members for safety and training; however due to the numerous variables involved in firearm safety and training Train 2 Defend, LLC cannot and does not accept responsibility for any injury, damage or loss incurred by any person while using the facilities of Train 2 Defend. In consideration of permitting me (listed persons), to participate in range activities and/or enroll  and/or participate in Train 2 Defend, LLC instructional & training courses and any other related operations conducted by and through the facility of Train 2 Defend, LLC  located at 4325 NC-49 in the County of Alamance, State of North Carolina, I for myself, I for my children, I for minors that I am a legal guardian of, my personal representatives, my heirs, next of kin and any other entity claiming by or through me and/or  I the undersigned Applicant:
HEREBY acknowledge that any and all firearms related activities are potentially dangerous and involves the risk of serious injury and/or death and/or property damage. I further acknowledge that any or all of the instructional material covered and or presented by Train 2 Defend, LLC are only general guidelines and proven fundamentals presented purposely to provide quality training in the safe handling and proper use of firearms available to law abiding citizens.  

HEREBY acknowledge that firearm ammunition both reloaded and factory new, all firearms use, may be hazardous in nature and may cause substantial injury to property and persons. I agree to assume all risk of injury to my property and persons and waive the right to bring any and all claims against Train 2 Defend, LLC or their employees, regardless of whether any representations have been made regarding suitability of any type of ammunition for any particular firearm or purpose.

HEREBY release, waive, discharge, and agree not to sue Train 2 Defend, LLC , the above business, its facility, owners of the property facility is located upon and/or any of its officers, shareholders, instructors, employees, agents, volunteers and their successors, their heirs (the "Releasees") from all liability to myself, and/or  for my children and, and/or any minors that I am a legal guardian of, my personal representatives, assigns, heirs, and next of kin and any other entity claiming by or through me for any and all loss or damages, and any claim or demands therefor arising out of or on account of participation and/or instruction in said course, activities, or any other related operations that might occur, whether caused by negligence of the "Releasees" or otherwise, including but not limited to death or injury to my persons or property.

HEREBY assume full responsibility for any risk of bodily injury, death, and/or property damage, now and forever, arising out of or related participation and/or instruction in said course, activities, or any other related operations, whether foreseen or unforeseen and whether caused by negligence of the "Releasees" or otherwise.

HEREBY separately agree to Idemnify and Save and Hold Harmless the Releasees from any and all loss, liability, damage, claims, demands, causes of action, suits at law or in equity, attorney fees, and/or any and all costs that they may incur, now and forever, arising out of or related to my participation and/or instruction in said courses, range activities, activities and/or my presence in the facility or upon the property, whether caused by the negligence of the "Releasees", the negligence of myself, the negligence of others, or otherwise.

HEREBY it is my intention by signing this paper to bar me now and forever from suing and to release Train 2 Defend its facility, owners of the property facility is located upon and/or any of its officers, shareholders, instructors, employees, agents, volunteers and their successors and their heirs even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned herEin or not known to me.

HEREBY this is a full release and discharge of all matters now and in the future, known and unknown, suspected or unsuspected, arising from,involving or connected to my use of the facilities of Train 2 Defend, LLC. I understand that Train 2 Defend, LLC is relying on my promise and agreements in this Waiver of Release and Liability Assumption of Risk and Indemnity Agreement, including this paragraph, in making the determination of whether I will be permitted the use of the facilities of Train 2 Defend, LLC.

HEREBY  acknowledge except as modified by additional written agreements or as provided for in this Waiver of Release and Liability Assumption of Risk and Indemnity Agreement when accepted by Train 2 Defend, LLC shall constitute the agreement of all parties.

Rev. 6/1/15

TERMS AND CONDITIONS OF MEMBERSHIP

The following Terms and Conditions of Membership shall apply to all levels of membership at Train 2 Defend, LLC (T2D) Indoor Range & Training Facility located at 4325 NC-49 Burlington, NC 27215. Any reference to "you", "your", "member", "members" shall refer to not only the primary member listed on the Membership Application but to all parties listed on the Membership Application.
  1. MEMBERSHIP REQUIREMENTS. Applying for a membership to T2D Indoor Range & Training Facility does not guarantee that a Membership Application will be approved or accepted. No Membership shall be effective until: (a) the application is approved and accepted by Train 2 Defend, LLC, (b) Membership dues are paid in full, (c) completed and signed the following: Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership. Train 2 Defend, LLC reserves the right to approve or reject any Membership Application.
  2. TRAIN 2 DEFEND, LLC RIGHT TO TERMINATE. T2D may terminate any Membership at any time for the following reasons: (a) failure to pay Membership dues within 14 day grace period after expiration of Membership, (b) if in the sole discretion of T2D's Management or Range Officer a violation or beach of any of the following items by the conduct of anyone listed under your Membership: Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership where to occur and causes the safety, welfare, good order, or character of T2D or any of its members to be compromised your membership will be terminated effective immediately by both verbal and written notice to you. Any and all Membership fees and dues shall be earned in full upon receipt and shall be non-refundable in the event of the termination of your Membership by T2D for any reason.
  3. MEMBERS RIGHT TO CANCEL. Any Member may cancel their Membership at any time by sending written notice to T2D. Any and all Membership fees and dues shall be earned in full upon receipt and shall be non-refundable in the event any member chooses to cancel their membership.
  4. CHANGES TO TERMS AND CONDITIONS OF MEMBERSHIP. T2D in its sole discretion, reserves the right to discontinue operation of the Indoor Range & Training Facility, Revise the Range Operation & Safety Rules, Revise the Assumption of Risk and Indemnity Agreement, Revise Waiver and Release of Liability, Revise Terms and Conditions of Membership. T2D may sell, lease, or otherwise dispose of the facilities in any manner whatsoever and to any person whomsoever, T2D may add, issue, modify or terminate any category of Membership and T2D may limit the use of the Indoor Range & Training Facility and make changes to Membership benefits at any time. Any such changes shall and will be effective on the date said revisions are posted on the T2D website or communicated to Members. All changes are binding on you on the effective date of the change.
  5. TRAIN 2 DEFEND RULES. T2D from time to time may change, modify or establish new rules and policies concerning the operation of the Indoor Range & Training Facility. Any changes, modifications, revisions or new rules will be provided to all Members by being posted on our website. All members and persons listed on the Membership Application acknowledge, accept and agree to follow any changes, modifications, revisions or new rules. Any violation of these rules could result in a suspension or termination of your Membership.
  6. MARKSMAN-FAMILY MEMBERSHIP. The "Family" and "Marksman" Membership shall grant privileges only to individuals specifically listed on the initial Membership Application. Family members listed on the Membership Application must live in the same residence. Children from the age of 8-21 shall be allowed on the range under the direct supervision of the Parent/Guardian at all times. Parent/Guardian must be in the booth with the child at all times. Spouses listed on the Membership Application shall have full access to the Indoor Range & Training Facility.
  7. VISITOR MEMBERSHIP. A Member that has received a free "Visitor Pass" may give that pass to anyone that they desire. Any person that would like to redeem the free "Visitor Pass" must sign up for the "Visitor / Training Membership", completed and signed the following: Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership. Train 2 Defend, LLC reserves the right to approve or reject any Membership Application.
  8. COMMUNICATION. Communications between T2D and Members shall be by either email or written notice. As part of your membership requirements every Member is required to maintain a valid email address. The email address listed on the Membership Application, Member Profile or the email address registered with T2D for purposes of mailing list subscriptions shall be used by T2D to communicate with you. If you have the need for correspondence or notices required shall be sent to train@train2defendrange.com. Either party may update or change email address for communication purposes by send a change of address notice to the other party.
  9. LIABILITY. All individuals listed on the Membership Application shall be financially responsible and liable for any damage resulting from the acts or omissions of such Members on the property of Train 2 Defend, LLC. This includes damage to the target carriers, computer controls, bullet trap, target carrier rails, ballistic glass, furniture or furnishing, or any other property of T2D either intentional or unintentional.  You are fully responsible for the loss or theft of, or damage to any firearms or other personal property you bring to Train 2 Defend Indoor Range & Training Facility or leave in your vehicle.
  10. RANGE TIME. T2D reserves the right to limit any Member to 1hr increments when the range is operating a full or near full capacity. At all others times a Member may shoot as long as they desire. The range closes 30 min prior to the posted facility closing time for that day. This means we will not allow any Members access to the Range however, if you are already on the range you are welcome to continue training until 5 min prior to the posted closing time for that day.
  11. GENERAL TERMS.  (a) The rights and obligations of the parties arising out of Membership, including Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership as set forth within each agreement, as amended from time to time, shall be governed by the laws of the State of North Carolina. (b) If any term or provision of Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership be deemed invalid or unenforceable in any of the above mentioned agreements it shall not affect the validity or enforceability of the remaining terms or provisions of the Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership Agreements and they will remain in full force and effect. (c) Any waiver by T2D of any right or obligation in the Range Operation & Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership shall be deemed a continuing waiver and no failure by T2D to exercise in whole or in part any rights provided to T2D shall prevent the later exercise of such right or any other right. No waiver by T2D shall be effective unless such waiver is in writing and signed by an officer of Train 2 Defend, LLC. (d) Members and all individuals listed on the Membership Application hereby acknowledge that there are no promises, warranties or representations, express or implied, pertaining directly or indirectly to the Membership which are not contained herein, in the Membership Application or on the T2D website. (e) At the sole discretion and control of T2D the Membership's available, applicable fees, suspension or expulsion of Members, and all other matters affecting or relating to the Members the management of T2D will have the final word. (f) Memberships to Train 2 Defend, LLC are personal to the Primary Member completing the Membership Application and may not be transferred or assigned to any other person. In the event of the death of the Primary Member the Membership will be terminated and a credit issued at a prorated amount for the remaining months of membership. If there is a surviving spouse they may use the credit toward their new Membership but at no time will a refund be given. If the Primary Member becomes legally separated or divorced, ownership of the Membership shall stay with the Primary Member unless or until the Membership is awarded to the spouse by written agreement or final divorce decree. Written notice of such document must be presented to Train 2 Defend, LLC. (g) Train 2 Defend, LLC will accept Membership Applications from any individual, couple, family, facility, or business without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of Membership, however Train 2 Defend, LLC reserves the right to approve or reject any Membership Application. 

Rev. 6/1/15 

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