Waivers and Releases
Release, Waiver, Indemnification, Hold Harmless & Assumption of Risk Agreement
Whereas, in consideration of being permitted to attend a course of instruction in firearms, for the instruction in firearms, for use of premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Undersigned agrees to the following. Undersigned agrees to indemnify, hold harmless and defend Kote-It Houston and all Instructors or Safety Officers, individually from any fault, liabilities, costs, expenses, claims, demands, or lawsuits arising out of, related to or connected with: Undersigned’s attendance and participation in firearms training classes and live fire exercises conducted by Kote-It Houston, any acts thereafter related to Undersigned’s use of a firearms, and for all acts or omissions of Undersigned. Undersigned furthermore waives for themselves and for their executors, personal representatives, administrators, assignees, heirs, and any next of kin; any and all rights and claims for damages, losses, demands and other actions or claims whatsoever, which they may have or which may arise against the Instructor or safety officer (including but not limited to the death of the Undersigned and or any and all injuries, damages, or illness suffered by Undersigned or Undersigned’s property), which may in any way whatsoever arise out of, be related to or be connected with the course of instruction including consultation; the Premises, including any latent defect in the Premises; Undersigned’s presence on or use of said Premises; Undersigned’s property (whether or not entrusted to Instructor or Safety Officer); and the discharge of firearms. Instructor shall not be liable for, and Undersigned, on behalf of themselves and on behalf of their executors, personal representatives, administrators, assignees, heirs, and next of kin, hereby expressly releases the Instructor or Safety Officer from any and all such claims and liabilities. Undersigned hereby expressly assumes all risk of taking part in the course for instruction in firearms and taking part in the activities on the Premises, which include, but are not limited to, instruction in the use of firearms, the discharge of firearms and the firing of live ammunition. Undersigned hereby accepts the risk of infection of COVID-19 from participating in this training. Undersigned hereby acknowledges and agrees that Undersigned has read this instrument and understands its terms and is executing this instrument voluntarily. Undersigned furthermore acknowledges and agrees that they have read, understand, and will at all times abide by all range rules and procedures and any other rules and or procedures stated by the Instructor or Safety Officer. Undersigned expressly agrees that this instrument is intended to be as broad and inclusive as permitted by law and that if any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. No remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. The election of one or more remedies hereunder by the Instructor or Safety Officer shall not constitute any waiver of the Instructor or Safety Officer’s right to pursue other available remedies. Should Undersigned ever file suit against Kote-It Houston for any reason the suit shall be filed in Harris County, Texas. This instrument binds the Undersigned and their executors, personal representatives, administrators, assignees, heirs, and next of kin.
Photography and Videography Release
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, agree as follows: 1. I agree to be photographed, recorded, and videotaped, and any photographic materials received by Kote-It Houston (“Company”) and its agents in connection with my participation. 2. I hereby irrevocably authorize the Company and its affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) my name, image, likeness, and voice, and; (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by myself (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Company, its affiliates, or their services, without further consent from or payment to me. 3. It is understood that all the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials, are the sole property of “Company.” I agree not to contest the rights or authority granted to the Company hereunder. I hereby release and discharge the Company, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials. I understand that the Company is under no obligation to use the Materials. 4. Any permission granted to the Photographer and Company shall extend to his/her successors, legal representatives, licensees, and assigns. These things shall be irrevocable and perpetual without any further or additional claim for compensation by the Model. 5. This document contains the entire agreement between the Company and the undersigned concerning the subject matter hereof.