MONARCH DEFENSE RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS & ASSUMPTION OF RISK AGREEMENT

ATTENTION! THE TRAINING ACTIVITY IN WHICH YOU ARE ABOUT TO ENGAGE INVOLVES THE USE OF FIREARMS! THIS IS A VERY UNIQUE EXPERIENCE WHICH DEMANDS PARAMOUNT RESPECT! FIREARMS ARE NOT TOYS! BEFORE YOU PROCEED ANY FURTHER YOU MUST READ THE FOLLOWING CAREFULLY, INITIAL WHERE PROMPTED AND SIGN THIS AGREEMENT! THIS IS A REQUIREMENT! YOU MUST TAKE THE TIME TO READ THIS DOCUMENT IN ITS ENTIRETY!

READ THIS ENTIRE DOCUMENT CAREFULLY TO THE END!

IN CONSIDERATION OF the risk of injury and potential death that exists while participating in FIREARMS TRAINING (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “releasor,” ‘I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge MONARCH DEFENSE, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts of failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize MONARCH DEFENSE to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the MONARCH DEFENSE official or agent, regarding my approval to participate in the Activity. Furthermore, I understand and will at all times abide by all range rules and procedures and any other rules and procedures stated by the Releases.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of MONARCH DEFENSE, its agents, and employees. I agree that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS AGREEMENT is entered into at arm’s-length,without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both releasoor and MONARCH DEFENSE agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provisions shall be deemed to be written, construed and enforced as so limited. In the event of an emergency, please contact the following person(s) in order presented:

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND MY OWN CHOICE. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE MONARCH DEFENSE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MONARCH DEFENSE FOR PERSONAL INJURY, PROPERTY DAMAGE, TORT OR DEATH.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

BY INITIALING, I UNDERSTAND AND CONSENT TO THE FACT THAT SESSIONS MAY BE VIDEO AND/OR AUDIO RECORDED FOR SECURITY & TRAINING PURPOSES.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT FOR FIREARMS TRAINING; I CERTIFY THAT I AM LEGALLY ALLOWED TO HANDLE FIREARMS AND HAVE NOT BEEN CONVICTED OF ANY FELONIES.

REGARDING MINORS: I, the legal parent/guardian of the Participant, hereby agree to the above on behalf of the Participant.