WAIVER OF LIABILITY
GUNNS’ TRAINING ACADEMY AND SERVICES, LLC
340 North Sam Houston Pkwy E. Suite # A165D Houston, TX 77060
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for receiving permission to participate in the Gunns’ Training Academy and Services, LLC course(s), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Gunns’ Training Academy and Services, LLC (GTAS) and, their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I am fully aware of the risks and hazards connected with the activities of Gunns’ Training Academy and Services, LLC course(s), and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that GTAS does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
4. Gunns' Training Academy and Services (GTAS) to photograph, record, and use my image, likeness, voice, video, testimonial, and nonconfidential course-related information for educational, statistical, advertising, promotional, website, and social-media purposes. I understand that these materials may be edited, published, or distributed without payment or additional approval, and I release GTAS, its owners, employees, instructors, and representatives from claims arising from their authorized use. GTAS will not disclose sensitive personal information without my separate written consent. I understand that participation is voluntary and that I may withdraw permission for future use by submitting a written request; however, withdrawal will not apply to materials already published or distributed.
5. It is my express intent that this shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceeding must be filed or entered into only in Texas and the federal or state courts of Texas. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
6. GTAS Firearms Safety, Corrective Action, and Dismissal Policy
Gunns’ Training Academy and Services (GTAS) is committed to maintaining a safe training environment for all students, instructors, staff members, range personnel, and other persons present during firearms-related training. Firearms safety is a condition of participation in all GTAS courses involving live firearms, unloaded firearms, or non-functional solid-polymer training firearms.
Zero Tolerance for Dangerous Conduct.
Any student who handles a firearm in a manner that a GTAS instructor or staff member determines presents an immediate or serious safety risk may be immediately removed from the training area and dismissed from the course.
GTAS is not required to provide multiple warnings when the conduct presents an immediate danger to the student, instructor, staff, another person, or property.
Depending on the seriousness of the violation, a GTAS instructor or staff member may stop the student immediately, secure or direct the student to safely place down the firearm, and dismiss the student from the range or training activity.
A student dismissed for unsafe or dangerous firearms handling is not entitled to a refund.
Corrective Action - Up to Three Corrections
When an unsafe action does not require immediate dismissal, a GTAS instructor or staff member shall provide the student with corrective instruction.
A student may receive up to three corrective instructions regarding unsafe firearms handling, failure to follow safety rules, failure to follow instructor commands, or improper use of training equipment.
The purpose of corrective instruction is to give the student an opportunity to recognize the problem and demonstrate safe behavior. However, three corrections are not guaranteed. GTAS may immediately dismiss a student when the nature or severity of the conduct creates an unacceptable safety risk.
If a student fails to correct the unsafe behavior after receiving corrective instruction, continues to repeat the behavior, refuses to follow instructions, or otherwise demonstrates an inability or unwillingness to safely participate, a GTAS instructor or staff member may dismiss the student from the course without a refund.
Application to Live Fire and Practical Training
This policy applies to all GTAS firearms-related activities, including:
- Live-fire range training;
- Dry-fire exercises;
- Firearms handling and manipulation exercises;
- Firearms qualification;
- Classroom firearms demonstrations;
- Practical exercises involving unloaded firearms; and
- Practical exercises involving non-functional solid-polymer training firearms or similar training devices.
Students are expected to practice safe firearms-handling principles during all practical training. The use of a non-functional training firearm does not eliminate the requirement to demonstrate proper muzzle awareness, trigger-finger discipline, and other safe firearms-handling habits.
The Four Universal Firearms Safety Rules
Although there are numerous firearms safety rules and procedures, GTAS uses the Four Universal Firearms Safety Rules as the primary standard and rule of thumb for firearms handling during training.
1. Treat every firearm as if it is loaded.
Always assume a firearm is loaded, even when you believe it is unloaded. When appropriate and directed by the instructor, verify the firearm's condition rather than relying solely on another person's statement regarding its status.
2. Never point the muzzle at anything you are not willing to destroy.
Maintain proper muzzle awareness and keep the firearm pointed in a safe direction at all times. Students must never intentionally or negligently allow the muzzle to cover themselves or another person except when specifically required by an authorized training exercise using equipment and procedures approved by the instructor.
3. Keep your finger off the trigger until your sights are on the target and you have made the decision to fire.
Keep the trigger finger straight and indexed outside the trigger guard along the frame until the firearm is appropriately oriented toward the target and the decision to fire has been made.
4. Be sure of your target and what is beyond it.
Positively identify the intended target and understand what is in front of, around, and beyond it. Never fire unless the target, surrounding area, and backstop are appropriate and safe.
Failure to Follow Instructor or Range Commands
All students must immediately comply with commands issued by GTAS instructors, GTAS staff members, Range Safety Officers, or authorized range personnel.
Commands such as "STOP," "CEASE FIRE," or other emergency safety commands must be obeyed immediately.
Failure or refusal to follow a safety command may result in immediate dismissal without additional warnings or corrections and without a refund.
Returning Students Previously Dismissed for Safety Reasons
A student who has previously been dismissed from GTAS firearms or practical training because of unsafe firearms handling is not automatically eligible to participate in another GTAS course involving firearms or firearms training devices.
If the student later requests enrollment in the same or a different course requiring firearms-related training, a GTAS instructor shall evaluate the student's understanding of firearms safety before the student is permitted to participate.
The evaluation may include verbal questioning, review of the Four Universal Firearms Safety Rules, demonstration of safe handling procedures, and/or practical exercises using a non-functional training firearm.
GTAS may require additional remedial firearms-safety instruction before permitting the student to participate in live-fire training.
Successful completion of the safety evaluation does not guarantee enrollment. GTAS reserves the right to deny or discontinue participation in firearms-related training when, in the professional judgment of the instructor or authorized GTAS staff member, the student cannot safely participate.
Student Responsibility
Participation in GTAS firearms training is conditioned upon the student's willingness and ability to follow all safety rules, instructor commands, range rules, and course procedures.
Safety takes priority over course completion.
No student has a right to continue a firearms training exercise or classroom activities when their actions create an unreasonable safety risk. GTAS instructors and authorized staff members have the authority to immediately stop any training activity, correct unsafe behavior, remove a student from an exercise, or dismiss a student from the course when necessary to protect the safety of everyone involved.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
