I, (Named Above) ("Participant"), am 18 years of age or older and voluntarily choose to enter, observe, use, or participate in courses, exercises, demonstrations, range activities, scenario-based training, firearms training, live-fire or simulation exercises, less-lethal training, defensive tactics, grappling, weapon-retention training, physical
conditioning, driving or movement exercises, and any other instruction, event, activity, or use of facilities or equipment sponsored, hosted, arranged, instructed, or made available (collectively, the "Training Center Activities") by the Protective Services Training JV, LLC (“PSTC”) and the
other Released Parties.
2. Acknowledgment and Assumption of Risk
I understand and acknowledge that the Training Activities may be inherently dangerous and may involve known and unknown risks, whether caused by me, another participant, equipment, environmental conditions, or the acts or omissions of others. These risks include, without limitation:
Serious bodily injury, permanent disability, paralysis, illness, property damage, emotional distress, or death.
Accidental or negligent discharge of firearms; ricochets; projectile impact; ammunition, firearm, holster, protective-equipment, or other equipment malfunction or misuse; noise exposure; burns; and exposure to lead, smoke, chemicals, or other substances.
Falls, collisions, strikes, restraint, takedowns, joint manipulation, grappling, weapon-retention exercises, strenuous exertion, cardiovascular stress, and other physical contact.
Incidental contact with private body areas, including genitalia, buttocks, or breasts, that may occur during legitimate defensive-tactics, grappling, restraint, search, or weapon-retention training. I understand that such incidental contact is for training purposes only and is not intended for sexual gratification or harassment.
Delay, limitation, or absence of immediate medical care, including when training occurs at locations remote from medical facilities.
I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS OF THE TRAINING ACTIVITIES, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, TO THE FULLEST EXTENT PERMITTED BY UTAH LAW.
3. Educational Information; No Legal or Medical Advice
I acknowledge that instruction, demonstrations, course materials, opinions, and verbal and/or written information are provided for educational and training purposes only and do not constitute legal or medical advice. Laws, policies, standards, and accepted practices may change or may apply differently depending on the circumstances.
I am solely responsible for obtaining advice from qualified legal, medical, or other professionals before relying on or applying information learned during training. I accept responsibility for my interpretation, application, use, or misuse of any technique, tactic, procedure, legal concept, or other information provided.
4. Definition of Released Parties
For purposes of this Agreement, "Released Parties" means, PSTC and its parent, subsidiary and affiliate companies and individuals, including, without limitation, Protective Services Training Center; Protective Services Training JV, LLC; Triggered Solutions LLC; Priority Protection Group, LLC; PPG Security Academy; Dead Space Concepts LLC; GDB Protective Services, LLC; Scalable Corporate Services LLC; David J. Pisciotta Jr.; Gordon D. Brennan; Alexander Cassitta,; and each of their respective past, present, and future parents, subsidiaries, affiliates, related entities, commonly owned or controlled entities, members, managers, owners, shareholders, partners, officers, directors, employees, instructors, trainers, agents, representatives, volunteers, contractors, subcontractors, consultants, vendors, sponsors, landlords, property owners, facility owners or operators, range owners or operators, successors, assigns, insurers, and any other person or entity acting on their behalf or involved in providing,
hosting, supporting, or facilitating the Training Activities.
5. EXPRESS RELEASE AND WAIVER OF LIABILITY - INCLUDING ORDINARY NEGLIGENCE
TO THE FULLEST EXTENT PERMITTED BY UTAH LAW, I, FOR MYSELF AND FOR MY HEIRS, ESTATE, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE EACH OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, OR EXPENSES OF ANY KIND, WHETHER KNOWN OR
UNKNOWN, FORESEEN OR UNFORESEEN, ARISING OUT OF OR RELATING TO MY PRESENCE AT, USE OF, OR PARTICIPATION IN THE TRAINING ACTIVITIES. THIS RELEASE EXPRESSLY INCLUDES CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OF ANY RELEASED PARTY, INCLUDING NEGLIGENT INSTRUCTION, SUPERVISION, TRAINING, SELECTION OR MAINTENANCE OF EQUIPMENT, PREMISES CONDITIONS, FAILURE
TO WARN, OR OTHER NEGLIGENT ACT OR OMISSION, TO THE FULLEST EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED IN ADVANCE UNDER UTAH LAW.
This Agreement is not intended to release liability that cannot lawfully be released or waived under applicable Utah law, including liability that a court of competent jurisdiction determines arises from gross negligence, reckless or willful misconduct, or intentional misconduct.
6. Covenant Not to Sue
To the fullest extent permitted by law, I covenant and agree not to initiate, maintain, join, or voluntarily assist in any lawsuit, claim, arbitration, or other proceeding against a Released Party any claim released by this Agreement. This covenant does not prohibit me from asserting a claim that cannot lawfully be waived or released.
7. Indemnification and Hold Harmless
To the fullest extent permitted by Utah law, I agree to defend, indemnify, and hold harmless the Released Parties from claims, demands, damages, liabilities, judgments, costs, and reasonable attorneys' fees asserted by third parties to the extent arising from: (a) my negligent, reckless, intentional, or unlawful conduct; (b) my violation of safety rules or instructor directions; or (c) my subsequent use or misuse of information, tactics, techniques, skills, equipment, or training received in connection with the Training Activities. This provision is not intended to require me to indemnify a Released Party for liability that Utah law prohibits that party from shifting by contract.
8. Participant Responsibilities; Safety Rules
I agree to follow all safety rules and instructor directions; to disclose any condition or limitation that may affect my safe participation when reasonably necessary for safety; to use required protective equipment; and to immediately stop participating and notify an instructor if I believe a
condition is unsafe or I am unable to continue safely. I understand that the Released Parties may remove me from training for safety or conduct reasons.
9. Medical Care and Emergency Authorization
I understand that the Released Parties do not guarantee the availability or adequacy of medical personnel, emergency transportation, or medical treatment. If I become injured or ill and am unable to consent, I authorize reasonable emergency first aid and emergency medical assistance
to be requested or provided on my behalf. I understand that I am responsible for my own medical expenses unless otherwise required by law.
10. Utah Law; Severability
This Agreement shall be governed by and construed under the laws of the State of Utah, without regard to conflict-of-law principles. If any provision of this Agreement is held invalid or unenforceable, that provision shall be
enforced to the maximum extent permitted by law or severed, and the remaining provisions shall remain in full force and effect. This Agreement is intended to be as broad and inclusive as Utah law permits.
11. BINDING ARBITRATION; WAIVER OF JURY TRIAL; CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE OR JURY.
Agreement to Arbitrate. To the fullest extent permitted by applicable law, Participant agrees that any dispute, claim, controversy, or cause of action arising out of or relating in any way to this Agreement, Participant's presence at or use of the facility, the services provided, any training
or activities, any injury, death, property damage, or loss, or the relationship between Participant and any of the Released Parties (collectively, a "Dispute") shall be resolved exclusively through final and binding arbitration rather than through a lawsuit in court, except for matters that applicable law does not permit to be submitted to binding arbitration.
Parties Covered. This arbitration agreement applies to and may be enforced by Participant and each of the "Released Parties" identified or defined in this Agreement, including the Training
Center and its past, present, and future parents, subsidiaries, affiliates, related entities, commonly owned or controlled entities, owners, members, managers, shareholders, partners, officers, directors, employees, instructors, trainers, agents, representatives, contractors, subcontractors, consultants, volunteers, property owners, facility owners or operators, range owners or operators, successors, assigns, and insurers.
Arbitration Procedures. Unless the parties mutually agree otherwise in writing, the arbitration shall be conducted before a single neutral arbitrator in the State of Utah. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to the AAA rules
applicable to the nature of the Dispute then in effect, except to the extent those rules conflict with this Agreement or applicable law. The arbitrator shall have authority to award any individual remedy or relief that would otherwise be available in a court of competent jurisdiction, subject to the terms of this Agreement and applicable law.
Governing Law. This arbitration provision shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, to the extent applicable, and otherwise by the Utah Uniform Arbitration Act, Utah Code Title 78B, Chapter 11. Utah substantive law shall govern the underlying Dispute except where superseded by applicable federal law.
WAIVER OF JUDGE AND JURY TRIAL. PARTICIPANT UNDERSTANDS AND AGREES THAT BY ACCEPTING THIS ARBITRATION PROVISION, PARTICIPANT AND THE RELEASED PARTIES ARE EACH WAIVING THE RIGHT TO HAVE A DISPUTE RESOLVED IN COURT BY A JUDGE OR JURY. ARBITRATION GENERALLY INVOLVES MORE LIMITED DISCOVERY AND APPELLATE REVIEW THAN A COURT PROCEEDING.
Individual Proceedings; Class and Representative Action Waiver. To the fullest extent permitted by law, all Disputes shall be arbitrated solely on an individual basis. Participant and the Released Parties waive any right to bring, participate in, or obtain relief through any class, collective, consolidated, coordinated, mass, or representative action or arbitration. The arbitrator shall have no authority to combine or consolidate the claims of different persons or to preside over any class, collective, mass, or representative proceeding except to the extent applicable law
prohibits enforcement of this limitation.
Costs and Attorneys' Fees. Arbitration filing fees, administrative fees, and arbitrator compensation shall be allocated in accordance with the applicable arbitration rules and applicable law. Each party shall initially bear its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs when authorized by this Agreement or applicable law.
Court Proceedings Related to Arbitration. Notwithstanding this arbitration requirement, either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief when necessary to preserve the status quo pending arbitration, to compel arbitration, or to
confirm, enforce, modify, or vacate an arbitration award as permitted by applicable law.
Severability. If any portion of this arbitration provision is determined to be invalid or unenforceable, that portion shall be severed or enforced to the maximum extent permitted by law, and the remainder shall remain in full force and effect, except where severance would materially alter the parties' agreement to arbitrate.
Knowing and Voluntary Agreement. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS THIS BINDING ARBITRATION PROVISION, HAS HAD THE OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH LEGAL COUNSEL BEFORE SIGNING, AND KNOWINGLY AND VOLUNTARILY AGREES TO BINDING ARBITRATION AND THE WAIVER OF THE RIGHT TO A JUDGE AND JURY TRIAL.
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