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FIREARMS TRAINING PARTICIPANT AGREEMENT

Assumption of Risk, Release of Liability, Indemnification, Safety Acknowledgment, and Legal Information Disclaimer

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT AND YOUR RIGHT TO A TRIAL BY JURY. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTOOD IT.

Participant Name: _______________________________________________________

Phone: ________________________

Email: _____________________________________________

Course Name: _______________________________________________________

Course Date: _______________________________________________________

Location: _______________________________________________________

Instructor: ___________________________________________________

This Agreement is between the participant identified above (“Participant,” “I,” or “me”) and _______________________ (the “Instructor”), who provides the firearms training described above.

1. ACKNOWLEDGMENT OF INHERENT RISKS

I understand and acknowledge that participation in firearms training — including classroom instruction, dry-fire exercises, live-fire exercises, range activities, firearm handling, loading and unloading, drawing from a holster, demonstrations, and related activities — involves inherent risks that cannot be eliminated even with proper instruction, equipment, supervision, and care. These risks include, but are not limited to:

  • Accidental or negligent discharge of firearms, by me, by other participants, or by third parties
  • Projectile impacts, ricochets, splatter, and fragmentation
  • Hearing damage or hearing loss
  • Eye injuries
  • Burns from hot firearms, ejected casings, or combustion gases
  • Lacerations and abrasions
  • Exposure to lead and other contaminants
  • Equipment malfunction or failure
  • Slips, trips, and falls
  • Emotional or psychological stress
  • Serious bodily injury, permanent disability, and death
  • I meet the minimum age required by federal and Maryland law to participate in this course and to possess and handle handguns and ammunition for purposes of this training.
  • I am not prohibited by federal, state, or local law from purchasing, possessing, receiving, transporting, or handling firearms or ammunition, including under 18 U.S.C. § 922(g) and Md. Code Ann., Pub. Safety § 5-133.
  • I have not been convicted of, and do not have pending charges for, any crime that disqualifies me from possessing firearms.
  • I am not subject to any protective order, peace order, or other court order that prohibits me from possessing firearms.
  • I am not an unlawful user of, or addicted to, any controlled substance. I understand that marijuana remains a controlled substance under federal law regardless of Maryland law.
  • I have not been involuntarily committed to a mental health facility or adjudicated by a court in a manner that disqualifies me from possessing firearms.
  • I am not a fugitive from justice.
  • All information I have provided to the Instructor is true, accurate, and complete.
  • Violate firearm safety rules
  • Fail to follow instructor commands
  • Act recklessly
  • Handle firearms in an unsafe manner
  • Appear impaired by alcohol, drugs, or medication
  • Create an unsafe condition for myself or others
  • I am physically and mentally capable of safely participating.
  • I am not under the influence of alcohol, illegal drugs, or impairing medication.
  • I do not suffer from any condition that would make my participation unsafe.
  • I will immediately notify the Instructor if I experience any condition that could affect safe participation.
  • _________________________ (the Instructor)
  • Assistant instructors, range officers, employees, volunteers, agents, and contractors of the Instructor
  • Host facilities, range operators, property owners, and lessors
  • Event sponsors
  • Any business entity through which the Instructor now or in the future provides firearms training (including, if formed, an entity operating as “Smith Creek Co.”), and that entity’s owners, members, officers, employees, and agents
  • The heirs, successors, and assigns of each of the above
  • Gross negligence
  • Reckless conduct
  • Intentional misconduct
  • Any other conduct or claim that cannot lawfully be waived under applicable law
  • My actions or omissions
  • My violation of safety rules or of this Agreement
  • My breach of the certifications in this Agreement, including Section 3
  • My misuse of firearms or equipment
  • Damage caused by me to persons or property
  • Claims brought by third parties arising from my conduct
  • Certification of course completion requires attendance for all required instructional hours and successful completion of all required course components, including any live-fire qualification, in accordance with Maryland State Police standards.
  • The Instructor may decline to certify completion for a participant who does not meet these requirements or who is removed from training under this Agreement.
  • A certificate of training does not guarantee issuance of a Maryland Wear and Carry Permit, Handgun Qualification License, or any other permit or license. All licensing decisions are made solely by the Maryland State Police or other issuing authority.
  • I have carefully read this entire Agreement and understand its contents.
  • I understand that I am giving up substantial legal rights, including the right to sue the Released Parties for ordinary negligence and the right to a trial by judge or jury for disputes covered by the arbitration provision.
  • I understand that firearms training involves inherent risks that cannot be eliminated.
  • I understand that the Instructor does not provide legal advice and that I should consult my own attorney regarding legal questions involving firearms, self-defense, use of force, or any conduct regulated by law.
  • The certifications I have made in this Agreement, including the eligibility certification in Section 3, are true and accurate.
  • I am at least 18 years of age, I am signing on my own behalf, and I have had the opportunity to ask questions.
  • I sign this Agreement voluntarily and without coercion.

I understand that firearms training involves inherently dangerous activities, and I voluntarily choose to participate despite these risks.

2. VOLUNTARY ASSUMPTION OF RISK

I knowingly and voluntarily assume all risks associated with my participation in this training, whether known or unknown, foreseeable or unforeseeable, and whether arising from my own actions or inaction, the actions of other participants or third parties, the actions or instruction of the Instructor or staff, the condition of facilities or equipment, or otherwise. I acknowledge that no instructor, safety briefing, safety rule, policy, procedure, or supervision can eliminate every risk associated with firearms training. I voluntarily accept full responsibility for my participation.

Participant Initials: ______________

3. ELIGIBILITY AND LEGAL STATUS CERTIFICATION

I certify, represent, and warrant that:

I agree to notify the Instructor immediately if any statement above is or becomes untrue before or during the course. I understand that the Instructor relies on this certification in permitting me to participate and to handle firearms; that the Instructor may refuse, suspend, or terminate my participation, without refund, based on any concern regarding my eligibility; and that providing false information may subject me to criminal penalties and to the indemnification obligations in this Agreement.

Participant Initials: ______________

4. SAFETY RULES AND REQUIRED PROTECTIVE EQUIPMENT

I certify that I have received, understand, and agree to follow all safety rules established by the Instructor, assistant instructors, range officers, host facilities, and range operators, and to obey all commands given by the Instructor or range safety personnel. I agree to wear appropriate eye and hearing protection at all times during live-fire activities.

I understand that I may be immediately removed from training, without refund, if I:

Removal from training is at the sole discretion of the Instructor or range safety personnel.

5. FIREARMS, AMMUNITION, AND EQUIPMENT

If I bring my own firearm, ammunition, or equipment, I certify that any firearm I bring is lawfully possessed and, to the best of my knowledge, in safe working condition. I agree to use only commercially manufactured (factory) ammunition of the correct caliber unless the Instructor approves otherwise. I agree that the Instructor may inspect any firearm, ammunition, or equipment and may prohibit its use for any reason.

If the Instructor provides a firearm or equipment for my use, I agree to use it only as instructed and under supervision, and to return it in the condition received, reasonable wear excepted. I remain responsible for damage caused by my misuse or negligence.

6. MEDICAL FITNESS, INSURANCE, AND HEALTH WARNINGS

I certify that:

I understand that participation is voluntary and that I am responsible for determining my fitness to participate.

I understand that live-fire ranges involve exposure to lead and other airborne or surface contaminants and to high noise levels. Participants who are pregnant or may be pregnant, or who have medical conditions affected by lead or noise exposure, should consult a physician before participating.

I understand that the Instructor does not provide medical, health, disability, or life insurance covering my participation, and that I am solely responsible for my own insurance and for all medical costs arising from my participation.

7. RELEASE OF LIABILITY (INCLUDING ORDINARY NEGLIGENCE)

To the fullest extent permitted by law, on behalf of myself and my spouse, heirs, executors, administrators, personal representatives, next of kin, successors, and assigns, I hereby release, waive, discharge, and covenant not to sue the following “Released Parties”:

from any and all claims, demands, causes of action, damages, liabilities, costs, expenses, attorney’s fees, injuries, losses, or death arising out of or related to my participation in firearms training activities.

I EXPRESSLY AGREE THAT THIS RELEASE APPLIES TO CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND I INTEND THIS RELEASE TO BE AS BROAD AND INCLUSIVE AS MARYLAND LAW PERMITS.

Participant Initials: ______________

8. EXCLUSIONS FROM RELEASE

I understand that this Agreement does not release claims arising from:

9. INDEMNIFICATION AND HOLD HARMLESS

I agree to defend, indemnify, and hold harmless the Released Parties from and against any claim, lawsuit, liability, judgment, damage, expense, or attorney’s fee arising from:

This obligation includes reasonable attorney’s fees and litigation expenses.

10. PROPERTY DAMAGE RESPONSIBILITY

I accept responsibility for any damage caused by my actions to firearms, training equipment, vehicles, buildings, range facilities, or personal property. I agree to reimburse the owner for damage caused by my negligence or misconduct.

11. TRANSPORTATION AND STORAGE OF FIREARMS

I am solely responsible for transporting and storing any firearm and ammunition before, during, and after the course in compliance with all applicable laws, including Md. Code Ann., Crim. Law § 4-203, which generally requires that a handgun transported to or from an authorized activity (such as formal instruction or target practice) be unloaded and carried in an enclosed case or enclosed holster. The Released Parties are not responsible for my transportation, storage, or possession of firearms or ammunition outside of supervised course activities.

12. COURSE COMPLETION AND NO GUARANTEE OF PERMIT ISSUANCE

I understand that:

13. FEES, CANCELLATION, AND REFUNDS

Course fees are due as specified at registration. If I cancel at least [7] days before the course date, I may reschedule or receive a refund of fees paid, less any stated non-refundable deposit. No refund will be provided for failure to appear, for removal from training under this Agreement, or for failure to complete course requirements. The Instructor may cancel or reschedule a course due to weather, range availability, insufficient enrollment, or other circumstances; in that event, my remedy is limited to rescheduling or a refund of fees paid.

14. EMERGENCY MEDICAL AUTHORIZATION

If emergency medical treatment becomes necessary, I authorize the Instructor and the Instructor’s representatives to obtain or render emergency medical care on my behalf, including first aid, CPR, use of an automated external defibrillator (AED), and transport by emergency medical services. I release the Released Parties from liability arising from emergency care rendered or obtained in good faith. I understand that all medical costs and expenses are my sole responsibility.

Emergency Contact Name: ________________________________________

Emergency Contact Phone: ________________________

Relationship: ______________________________

15. PHOTO, VIDEO, AND MEDIA RELEASE

Initial ONE of the following:

__________ YES — I authorize photographs and video recordings of me.

__________ NO — I do not authorize photographs and video recordings of me.

If authorized, I grant the Instructor — and any business entity through which the Instructor now or in the future operates — permission to use photographs, video recordings, and other media depicting me for lawful educational, training, promotional, advertising, and business purposes, without compensation. Declining authorization will not affect my participation in the course.

16. LEGAL INFORMATION DISCLAIMER

Educational Purpose Only. I acknowledge that the Instructor and any assistant instructors, range officers, employees, volunteers, contractors, and representatives are not attorneys and are not providing legal advice. Any discussion, presentation, training material, handout, classroom or range instruction, hypothetical scenario, case law review, statutory review, use-of-force discussion, self-defense discussion, firearms law discussion, or instructor opinion is provided solely for general educational purposes.

No Attorney-Client Relationship. Participation in this course does not create an attorney-client relationship between me and the Instructor or any assistant instructor.

Independent Legal Advice Recommended. I understand and agree that I should not rely solely upon course materials, instructor statements, classroom discussions, presentations, demonstrations, examples, or hypothetical scenarios when making decisions involving firearms ownership, possession, transportation, or storage; self-defense; defense of others or of property; use of force; or any conduct governed by federal, state, local, or tribal law. I understand that I should seek advice from a qualified attorney licensed in the applicable jurisdiction regarding any specific legal issue.

No Legal Guarantee. The Instructor makes no representation, warranty, or guarantee regarding the legality of any participant’s actions; the outcome of any criminal investigation or prosecution, civil lawsuit, or administrative proceeding; eligibility for any permit, license, or certification; or the future interpretation or application of any law.

17. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL

Any dispute arising out of or relating to this Agreement or my participation in training shall be resolved by binding arbitration before a single arbitrator, except that either party may instead bring an eligible claim in a Maryland small claims court. Arbitration shall be governed by Maryland law and shall take place in Anne Arundel County, Maryland. If the parties cannot agree on an arbitrator, an arbitrator shall be appointed pursuant to the Maryland Uniform Arbitration Act (Md. Code Ann., Cts. & Jud. Proc. § 3-201 et seq.). The arbitrator may award any remedy available under applicable law, and judgment on the award may be entered in any court of competent jurisdiction. Unless the arbitrator orders otherwise, each party shall bear its own attorney’s fees and an equal share of the arbitrator’s fees and costs. This Section survives completion of training and termination of this Agreement.

I UNDERSTAND THAT, BY AGREEING TO ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR DISPUTES COVERED BY THIS SECTION.

Participant Initials: ______________

18. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the State of Maryland, without regard to its conflict-of-law principles. Any legal proceeding permitted under this Agreement or applicable law shall be brought exclusively in the courts of Anne Arundel County, Maryland, or in the United States District Court for the District of Maryland.

19. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. ENTIRE AGREEMENT; AMENDMENT; ELECTRONIC SIGNATURES

This Agreement constitutes the entire agreement between the parties concerning participation in firearms training and supersedes all prior oral or written representations. It may be amended only in a writing signed by both parties. This Agreement may be executed electronically and in counterparts; an electronic, digital, or scanned signature is as valid as an original under the Maryland Uniform Electronic Transactions Act.

21. PARTICIPANT ACKNOWLEDGMENT AND SIGNATURE

I acknowledge and agree that:

 

Participant Signature: __________________________________________ Date: __________________

Printed Name: _____________________________________________

 

Instructor / Witness Signature: __________________________________ Date: __________________

Instructor Printed Name: ______________________________________