RELEASE OF LIABILITY,WAIVER OF CLAIMS,
AND ASSUMPTION OF RISK
Agreement — Instructional Training Program
Tn Veterans Security Services and Training L.L.C., d/b/a The Security Firm L.L.C.
Tn Veterans Security Services and Training L.L.C., d/b/a The Security Firm L.L.C.
4400 Belmont Park Terrace, Suite 100, Nashville, TN 37215
Important — please read carefully before signing.
This is a legal document that affects your legal rights. By signing this document, you waive certain
legal rights, including the right to sue or claim compensation following an accident or injury. Read
this agreement in its entirety before signing.
In consideration of being permitted to participate in any instructional training program, course,
workshop, seminar, class, or activity (collectively, the "Training Program") offered by Tn
Veterans Security Services and Training L.L.C., d/b/a The Security Firm L.L.C. (the "Company"),
the undersigned Participant agrees as follows:
1. Acknowledgment and Assumption of Risk
1.1
The Participant acknowledges that participation in the Training Program involves inherent risks,
dangers, and hazards that may result in serious injury, illness, or death. These risks include, but
are not limited to:
Physical injury, including but not limited to bruises, sprains, fractures, dislocations, concussions, and other bodily harm;
Property damage to personal belongings, vehicles, or equipment;
Emotional or psychological distress;
Exposure to communicable illness or disease;
Equipment malfunction, failure, or misuse;
Inadequate instruction, supervision, or training;
Actions, omissions, or negligence of other participants, instructors, or third parties;
Slips, trips, and falls on or near the training premises;
Muscular strains, sprains, overexertion, and repetitive motion injuries;
Environmental conditions, including weather, temperature, and terrain hazards; and
Other injuries, damages, or losses not specifically identified herein.
1.2
The Participant understands that these risks may result in personal injury, illness, death, or damage
to personal property. The Participant voluntarily assumes full responsibility for all risks of loss,
injury, or damage—both known and unknown, foreseeable and unforeseeable—arising from or related to
participation in the Training Program.
1.3
The Participant acknowledges that this assumption of risk is made freely and voluntarily, with full
knowledge and understanding of the nature, scope, and extent of the risks involved.
2. Description of Training Activities
2.1
This Agreement applies to all training programs, courses, classes, workshops, seminars, certifications,
continuing education, and activities offered by the Company, whether currently offered or developed in
the future, without limitation, including all instructional curricula and specialized training conducted
by any instructor, trainer, or agent of the Company.
2.2
Equipment, Tools, and Materials. This Agreement covers the use of any and all
equipment, tools, firearms, protective gear, training aids, machinery, materials, and other items
used, provided, or required in connection with the Training Program, whether owned by the Company, the
Participant, or a third party.
2.3
Physical Activities and Requirements. The Participant acknowledges that the Training
Program may involve physical demands including, but not limited to, standing, walking, running, lifting,
bending, use of physical force, weapons handling, defensive tactics, and other strenuous or potentially
hazardous physical activities. The Participant assumes all risks associated with such physical demands.
2.4
Training Locations. This Agreement applies to training conducted at any and all
locations where the Company provides instruction, including but not limited to the Company's
primary facility at 4400 Belmont Park Terrace, Suite 100, Nashville, TN 37215, and training locations in
Robertson County, Davidson County, Sumner County, and Rutherford County, Tennessee, as well as any
other off-site, remote, mobile, temporary, or third-party locations used by the Company for training
purposes, whether currently in use or established in the future. The Participant assumes all risks
associated with travel to, from, and between all training locations.
2.5
The Participant acknowledges that the Company may modify the activities, schedule, or location of the
Training Program as necessary, and the Participant assumes all risks associated with any such
modifications.
2.6
Specific Course/Class Enrolled (if applicable):
3. Voluntary Participation and Right to Withdraw
3.1
The Participant acknowledges that participation in the Training Program is entirely voluntary.
3.2
The Company reserves the right, in its sole and absolute discretion, to refuse, restrict, or terminate
any Participant's involvement in the Training Program at any time, for any reason, with or without
cause, and without liability or obligation to refund any fees paid.
3.3
The Participant may withdraw from the Training Program at any time; however, such withdrawal shall not
release the Participant from any obligations under this Agreement, including indemnification and
covenant not to sue provisions.
4. Code of Conduct and Safety Compliance
4.1
The Participant agrees to comply with all safety rules, regulations, policies, procedures, and
instructions issued by the Company, its instructors, staff, and agents at all times during participation
in the Training Program.
4.2
Failure to follow safety rules or instructor directions, or engaging in reckless, negligent, disruptive,
or dangerous behavior, shall constitute grounds for immediate removal from the Training Program without
refund, warning, or prior notice.
4.3
The Participant acknowledges that safety compliance is a condition of participation and that the
Company shall bear no liability for injuries or damages resulting from the Participant's failure to
follow safety rules or instructions.
5. Release and Waiver of Liability
5.1
In consideration of being permitted to participate in the Training Program, the Participant hereby
releases, waives, discharges, and covenants not to sue the Company, its owners, members, managers,
partners, officers, directors, employees, staff, agents, instructors, trainers, volunteers, independent
contractors, subcontractors, affiliates, subsidiaries, parent companies, sponsors, landlords, property
owners, facility operators, equipment suppliers, insurers, successors, and assigns (collectively, the
"Released Parties") from any and all liability, claims, demands, actions, or causes of action
whatsoever, arising out of or related to any loss, damage, or injury—including death—that may be
sustained by the Participant, or to any property belonging to the Participant, during or as a result of
participation in the Training Program.
5.2
This release and waiver applies regardless of whether such loss, damage, or injury is caused by the
negligence, fault, or conduct of the Released Parties, or from any other cause whatsoever.
5.3
Limitation: Notwithstanding the foregoing, this waiver and release shall not apply to
claims arising from the gross negligence or willful misconduct of the Released Parties.
6. Indemnification and Hold Harmless
6.1
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all
claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and
court costs) arising out of or resulting from the Participant's participation in the Training Program,
including but not limited to any claim made by the Participant or any third party.
6.2
This indemnification obligation shall include, without limitation, any claims brought by third parties as
a result of the Participant's actions, omissions, or conduct during or in connection with the Training
Program.
6.3
The Participant's indemnification obligations extend to any and all legal proceedings, including but
not limited to lawsuits, arbitration proceedings, administrative hearings, regulatory investigations,
mediation, and any other form of dispute resolution, whether initiated by the Participant, a third party,
an attorney acting on the Participant's behalf, an insurance carrier, a government agency, or any other
entity.
6.4
The Participant agrees that the indemnification obligations set forth herein shall survive the
termination or expiration of this Agreement and shall remain in full force and effect regardless of any
claim that this Agreement or any provision hereof is void, voidable, or unenforceable.
7. Mandatory Binding Arbitration
7.1
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Participant's
participation in the Training Program, or any alleged breach of this Agreement, shall be resolved
exclusively through final and binding arbitration administered in accordance with the rules of the
American Arbitration Association (AAA).
7.2
Arbitration shall take place in Robertson County, Davidson County, Sumner County, or Rutherford County,
Tennessee, as designated by the Company in its sole discretion, or such other location in the State of
Tennessee as the Company may designate. The arbitration shall be conducted by a single arbitrator
selected in accordance with AAA rules.
7.3
The arbitrator's decision shall be final and binding upon both parties and may be entered as a
judgment in any court of competent jurisdiction.
7.4
The Participant agrees that any arbitration shall be conducted on an individual basis only. The
Participant hereby waives any right to participate in a class action, collective action, consolidated
action, or representative proceeding of any kind against the Company or any of the Released Parties.
7.5
Each party shall bear its own costs and fees associated with the arbitration, including attorney's
fees, unless the arbitrator determines otherwise in the final award.
8. Waiver of Right to Sue / Covenant Not to Sue
8.1
The Participant agrees not to sue, file a lawsuit, or initiate any legal proceeding against the Company
or any of the Released Parties for any claims, losses, damages, or injuries arising from or related to
participation in the Training Program.
8.2
If the Participant files a lawsuit or legal action in violation of this Agreement, the Participant shall
be solely responsible for all costs, fees, and expenses incurred by the Company and Released Parties in
defending such action, including but not limited to reasonable attorney's fees, court costs, filing
fees, service of process fees, expert witness fees, deposition costs, and all related litigation expenses.
8.3
The Participant acknowledges that this covenant not to sue is a material inducement for the Company to
permit the Participant to participate in the Training Program, and that the Company has relied upon this
covenant in allowing such participation.
8.4
This covenant not to sue extends to all forms of legal process, including but not limited to civil
lawsuits, administrative complaints, regulatory filings, demand letters sent by attorneys, insurance
subrogation claims, liens, garnishments, and any other legal or equitable proceeding in any forum.
8.5
The Participant agrees that no attorney, law firm, insurance company, or any other third party may
bring a claim, demand, or action on the Participant's behalf against the Company or any Released Party,
whether by assignment, subrogation, or otherwise. The Participant shall not assign, transfer, or convey any
claim, cause of action, or right to sue arising under or related to this Agreement to any third party,
including but not limited to attorneys, law firms, collection agencies, or insurance carriers.
9. Attorney's Fees, Court Costs, and Litigation Expenses
9.1
In the event any legal action, arbitration proceeding, or other proceeding is brought by either party to
enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover
from the non-prevailing party all reasonable attorney's fees, court costs, filing fees, arbitration fees,
expert witness fees, and other expenses incurred in connection with such action or proceeding.
9.2
If the Participant initiates any legal claim, lawsuit, or proceeding against the Company or any Released
Party in breach of this Agreement and does not prevail, the Participant agrees to fully reimburse the
Company for all costs of defense, including but not limited to attorney's fees, paralegal fees, expert
fees, court costs, arbitration costs, and any other related expenses.
9.3
The obligations set forth in this section shall survive the termination or expiration of this Agreement
and shall apply regardless of the forum in which any dispute is resolved.
10. Statute of Limitations
10.1
The Participant agrees that any claim or cause of action arising out of or relating to this Agreement or
the Participant's participation in the Training Program must be filed within one (1) year from the date
the claim or cause of action accrues, regardless of any longer statute of limitations that may be provided
by law.
10.2
Failure to file a claim within this one (1) year period shall constitute a complete and absolute waiver and
bar of such claim.
10.3
The Participant acknowledges that this shortened limitation period is reasonable and is a material term
of this Agreement.
11. Waiver of Jury Trial
11.1
To the fullest extent permitted by law, the Participant hereby knowingly, voluntarily, and irrevocably
waives any right to a trial by jury in any action, proceeding, or claim arising out of or relating to
this Agreement or the Participant's participation in the Training Program. The Participant
acknowledges that this waiver is a material inducement for the Company to permit participation in the
Training Program.
12. Waiver of Subrogation
12.1
The Participant hereby waives any right of subrogation that the Participant's insurance carrier or any
other third party may have against the Company or any of the Released Parties. The Participant agrees to
notify their insurance carrier(s) of this waiver and to ensure that their insurance policies do not
impair or invalidate the protections afforded to the Released Parties under this Agreement.
12.2
The Participant agrees that no insurance company, health care provider, government entity, or any other
third party shall have any right to recover from the Company or any Released Party any amounts paid on
behalf of the Participant for injuries, losses, or damages arising from the Participant's participation
in the Training Program.
13. Medical Acknowledgment
13.1
The Participant certifies that they are in good physical health, physically fit, and have no medical
condition, disability, or impairment that would prevent safe participation in the Training Program, or have
disclosed all such conditions in writing to the Company prior to participation.
13.2
The Participant authorizes the Company and its personnel to seek and obtain emergency medical treatment on
the Participant's behalf in the event of injury, accident, or illness during the Training Program. The
Participant agrees to bear all costs associated with such emergency medical treatment, including ambulance
services, hospitalization, and physician fees.
13.3
Medical Conditions Disclosure
Please list any known medical conditions, allergies, or physical limitations below:
List any known medical conditions, allergies, or physical limitations, or write "None".
Emergency Contact Name
Phone
14. Refund and Cancellation Policy
14.1
All fees paid for the Training Program are non-refundable except as expressly provided in writing by the
Company.
14.2
In the event the Participant is removed from the Training Program for failure to comply with the Code of
Conduct, safety violations, or at the Company's discretion, no refund shall be issued.
14.3
Cancellations by the Participant must be submitted in writing. The Company reserves the right to establish
and modify cancellation deadlines, fees, and policies at its sole discretion.
14.4
If the Company cancels or reschedules a Training Program, the Company may, at its sole discretion, offer a
credit toward a future program, reschedule the Participant, or issue a partial or full refund. The Company
shall have no further liability to the Participant beyond the amount of fees actually paid.
15. Confidentiality and Intellectual Property
15.1
The Participant acknowledges that all training materials, curricula, lesson plans, manuals, handouts,
presentations, videos, techniques, methods, processes, and proprietary information provided by the Company
in connection with the Training Program (collectively, "Confidential Information") are the exclusive
property of the Company and are protected by applicable intellectual property laws.
15.2
The Participant agrees not to copy, reproduce, distribute, share, publish, photograph, record,
reverse-engineer, or otherwise disseminate any Confidential Information, in whole or in part, without the
prior written consent of the Company.
15.3
The Participant shall not use any Confidential Information for any purpose other than personal participation
in the Training Program.
15.4
This confidentiality obligation shall survive the termination or expiration of this Agreement and shall
remain in effect indefinitely.
16. Media Release (Optional)
16.1
The Company may wish to photograph, video record, audio record, or otherwise capture the likeness of the
Participant during the Training Program for promotional, educational, marketing, or informational purposes.
By consenting below, the Participant grants the Company a perpetual, royalty-free, worldwide license to use
such materials without further compensation or notification to the Participant.
16.2
Please indicate your preference:
☐I consent to the use of my photograph, video, audio, or likeness for the purposes described above.
☐I do not consent to the use of my photograph, video, audio, or likeness for the purposes described above.
17. Communications Consent
17.1
The Participant consents to receive communications from the Company, including but not limited to emails,
text messages, phone calls, and postal mail, regarding the Training Program, scheduling, safety updates,
policy changes, and other training-related matters.
17.2
The Participant may opt out of non-essential marketing communications at any time by providing written
notice to the Company, but acknowledges that certain training-related and safety communications are
mandatory and cannot be opted out of.
18. Force Majeure
18.1
The Company shall not be liable for any failure to perform, delay in performance, cancellation, or
modification of the Training Program resulting from events beyond the Company's reasonable control,
including but not limited to acts of God, natural disasters, severe weather, fire, flood, earthquake,
pandemic, epidemic, public health emergency, government orders, civil unrest, terrorism, war, power outages,
utility failures, equipment failures not caused by the Company's negligence, or any other force majeure
event.
18.2
In such events, the Company may, at its sole discretion, reschedule the Training Program, offer a credit,
or cancel the program without further liability to the Participant.
19. Governing Law and Severability
19.1
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee,
without regard to its conflict of law provisions. Any dispute arising under or in connection with this Agreement
shall be subject to the exclusive jurisdiction of the courts located in Tennessee.
19.2
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, such finding shall not affect the validity, legality, or enforceability of the remaining
provisions, which shall continue in full force and effect.
19.3
This Agreement shall be binding upon the Participant and the Participant's heirs, executors, administrators,
personal representatives, and assigns.
19.4
No Reliance on Representations. The Participant acknowledges that neither the Company nor
any Released Party has made any representations, warranties, promises, or guarantees regarding the safety of
the Training Program, the qualifications of instructors, the condition of equipment or facilities, or the
outcome of participation. The Participant is not relying on any oral or written statement not contained in
this Agreement.
20. Entire Agreement
20.1
This document constitutes the entire agreement between the Participant and the Company with respect to the
subject matter herein and supersedes all prior or contemporaneous agreements, representations, warranties, and
understandings, whether written or oral.
20.2
No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in
writing and signed by both the Participant and an authorized representative of the Company.
21. Electronic Signatures
21.1
The parties agree that this Agreement may be executed by electronic signature, which shall be considered as
an original signature for all purposes and shall have the same force and effect as an original signature on
paper.
21.2
This Agreement and any electronically signed copy shall be deemed valid, binding, and enforceable to the
fullest extent permitted by law, including under the Tennessee Uniform Electronic Transactions Act (Tenn.
Code Ann. § 47-10-101 et seq.) and the federal Electronic Signatures in Global and National Commerce Act
(E-SIGN Act, 15 U.S.C. § 7001 et seq.).
21.3
The Participant agrees that their electronic signature constitutes their intent to sign and be bound by this
Agreement.
22. Participant Acknowledgment
I have read this Release of Liability, Waiver of Claims, and Assumption of Risk Agreement. I fully
understand its terms and understand that I am giving up substantial rights, including my right to sue, my
right to a jury trial, and my right to participate in a class action. I agree to resolve any disputes through
binding arbitration. I acknowledge that I am signing this agreement freely and voluntarily, and intend my
signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Participant Signature
Participant's Printed Name
Participant's Signature
Date
Email Address
Phone Number
For Minors (if participant is under 18 years of age)
If the Participant is a minor (under 18 years of age), a parent or legal guardian must read, understand,
and sign this Agreement on behalf of the minor Participant. The parent or legal guardian agrees to all
terms and conditions contained herein on behalf of the minor and accepts full responsibility.