Student release and waiver.

1. Parties and consideration

This Student Participation Agreement is between the participant who signs below (Participant) and Empress Firearms LLC, doing business as EMPRESS Firearms (EMPRESS).

In exchange for being permitted to enter a training location and to participate in or observe an EMPRESS program, Participant agrees to every term below. If Participant is under eighteen years of age, the parent or legal guardian addendum at the end of this agreement must also be completed.

2. Activities covered

Activities means all instruction, demonstration, practice, observation and related events provided, sponsored, hosted, arranged or supervised by EMPRESS. This includes classroom instruction, dry fire and live fire exercises, and the handling, loading, unloading, clearing, passing, carrying, holstering, drawing, cleaning, storing and transporting of firearms and ammunition.

It also includes the use of handguns, rifles, shotguns, holsters, targets, protective equipment and training aids, movement drills, malfunction drills and defensive firearms exercises, home safety, storage, maintenance and equipment instruction, parking, setup, breaks, meals and movement between activity areas, emergency response and first aid, and any other activity reasonably connected with an EMPRESS course, event or training session.

3. Locations and released parties

Activities may take place at indoor or outdoor shooting ranges, classrooms, residences, businesses, vehicles, private land, parking areas or any other location selected or approved for training, each of which is called a Venue.

Released Parties means EMPRESS and its past and present owners, members, managers, officers, directors, employees, instructors, assistant instructors, contractors, agents, volunteers, affiliates, successors, assigns and insurers. Released Parties also includes each Venue owner, lessor, operator, manager, employee, agent, insurer, sponsor, event partner, equipment owner or provider, and vendor involved in the Activities.

4. Specific acknowledgment of risks

Participant understands that firearms and ammunition are dangerous instrumentalities and that the Activities can cause severe or permanent injury, illness, disability, death, emotional injury and property loss, even when safety rules are followed and reasonable care is used. The risks include known and unknown risks, foreseeable and unforeseeable risks, and risks created by Participant, instructors, other students, observers, Venue personnel, equipment providers or third parties.

Those risks include intentional, accidental or negligent firearm discharge, being shot by oneself or by another person, ricochet, stray projectiles, bullet fragments, target or backstop fragments, muzzle blast and flying debris.

They include defective, damaged, dirty, improperly maintained, incorrectly assembled, unfamiliar or unsuitable firearms, ammunition, holsters, targets, protective equipment or training aids, squib loads, hangfires, misfires, catastrophic firearm or ammunition failure, and unexpected recoil or cycling.

They include burns or cuts from hot brass, firearms, suppressors, barrels, sharp surfaces, tools or cleaning products, pinching, crushing, sprains, strains, recoil injuries, falls, collisions and other physical injury, permanent or temporary hearing loss, tinnitus, eye injury or blindness.

They include respiratory irritation, lead or heavy metal exposure, gunpowder residue, solvents, cleaning chemicals and contamination of skin, clothing, footwear, vehicles or personal property, and exposure to heat, cold, rain, mud, uneven ground, insects, vegetation, poor lighting, stairs, slipping, tripping and falling.

They include corrective or emergency physical contact by an instructor, such as touching, gripping, moving, restraining, disarming or redirecting Participant or a firearm in order to prevent or stop an unsafe act, food allergy, foodborne illness or other injury connected with meals or refreshments, and delayed emergency response, first aid, medical treatment, evacuation or transportation from a remote or secured Venue.

Participant understands this list is not complete and that other risks exist.

5. Voluntary assumption of risk

Participant freely chooses to participate with full knowledge of these risks.

TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND VOLUNTARILY ACCEPTS AND ASSUMES ALL RISKS OF THE ACTIVITIES, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

Participant may decline an exercise or stop participating at any time. Participant will immediately inform an instructor if Participant does not understand a command, feels unsafe, becomes ill or impaired, observes an unsafe condition or experiences an equipment problem.

6. Participant condition and fitness

Participant represents that Participant is physically and mentally capable of participating safely, or has disclosed to the lead instructor, before handling a firearm, any condition or limitation that could materially affect safe participation.

Participant represents that Participant is not under the influence of alcohol, cannabis, an illegal drug, a drug of abuse or any medication or substance that impairs judgment, coordination, vision, hearing, balance or safe firearm handling, is not participating with an intention to harm Participant or another person, is not experiencing a physical, psychological or emotional condition that would make firearm handling unsafe, and will immediately report any change affecting safe participation.

EMPRESS may refuse, stop or limit participation whenever an instructor believes continued participation is unsafe. Removal for safety or misconduct does not create a right to a refund.

7. Legal eligibility and lawful equipment

Participant represents that Participant may lawfully possess and use every firearm and item of ammunition used during the Activities under applicable federal, state and local law.

Participant represents that Participant is not prohibited from possessing firearms or ammunition, is not under disability under Ohio Revised Code section 2923.13 or under 18 U.S.C. section 922(g), is not subject to an order, conviction, indictment, disability or other restriction that makes possession unlawful, will not bring an unauthorized firearm, ammunition, weapon or controlled substance to a Venue, and will immediately inform EMPRESS if any representation in this section becomes inaccurate.

This representation is material and EMPRESS relies on it in admitting Participant. No EMPRESS instruction authorizes Participant to violate any law, Venue rule, manufacturer instruction or lawful command.

8. Safety rules and instructor authority

Participant will follow all written and oral safety rules and every command given by EMPRESS and Venue personnel. Participant will treat every firearm as loaded, keep every firearm pointed in a safe direction, keep fingers outside the trigger guard until directed and ready to fire, know the target and what is in front of and beyond it, wear required eye and hearing protection, use only firearms and ammunition approved by EMPRESS and the Venue, immediately obey every cease fire or stop command, report every malfunction, unsafe condition, injury or rule violation immediately, and stop and request assistance whenever uncertain about any firearm, ammunition, command or procedure.

Participant will not handle a firearm while anyone is downrange, leave a firearm unattended, modify equipment without authorization, attempt an unauthorized drill, handle another person's firearm without permission, or engage in horseplay, threats, reckless conduct or distracting behavior.

EMPRESS may inspect, unload, secure, take possession of or remove any firearm or ammunition, and may immediately remove Participant from an Activity for any safety, legal, conduct, maturity, attention or Venue policy concern, without refund.

9. Equipment and ammunition

Participant accepts responsibility for inspecting personal equipment before use and for reporting any defect, damage, malfunction, incorrect ammunition or unfamiliar feature before handling or firing.

EMPRESS equipment is provided without any promise that a particular firearm will fit Participant or will be appropriate for later purchase or use.

Participant will use only ammunition approved by EMPRESS and the Venue, and will not use reloaded, remanufactured, altered, damaged or otherwise unapproved ammunition.

10. Release of liability, including ordinary negligence

TO THE FULLEST EXTENT PERMITTED BY OHIO LAW, PARTICIPANT, FOR PARTICIPANT AND PARTICIPANT'S ESTATE, PERSONAL REPRESENTATIVES, HEIRS, BENEFICIARIES AND ASSIGNS, FOREVER RELEASES AND DISCHARGES EVERY RELEASED PARTY FROM EVERY CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS OR LIABILITY ARISING OUT OF OR RELATED TO THE ACTIVITIES, THE VENUES OR THE EQUIPMENT USED IN THE ACTIVITIES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

This release expressly includes ordinary negligence claims involving instruction or supervision, warnings or safety rules, student screening or staffing, firearm or ammunition selection, equipment inspection, maintenance or condition, premises or range conditions, security, emergency response or first aid, food service, transportation arranged by EMPRESS, and any other act or omission occurring before, during or after an Activity.

This release includes claims for bodily injury, illness, disability, death, emotional distress, property damage, loss of services, consortium and other derivative loss, to the extent Participant has legal authority to release those claims.

This agreement does not release reckless, willful, wanton or intentional misconduct, or any claim that controlling law does not permit a person to release.

11. Covenant not to sue

Participant agrees not to file, maintain, assist or voluntarily participate in a claim or lawsuit against a Released Party concerning a claim released by this agreement.

If Participant files or maintains a claim barred by this agreement, Participant will reimburse the Released Party for the reasonable attorney fees and litigation costs incurred to enforce this release or covenant, but only to the extent permitted by law.

12. Indemnification and participant conduct

Participant will defend, indemnify and hold the Released Parties harmless from third party claims, damages, fines, penalties, losses and reasonable attorney fees arising from Participant's negligent, reckless, intentional or unlawful conduct, violation of a safety rule or Venue rule, damage caused by Participant to property, unauthorized possession, use, handling or transfer of a firearm or ammunition, or Participant's material breach or material misrepresentation under this agreement.

This obligation applies to the fullest extent permitted by law. It does not require Participant to indemnify a Released Party for that party's sole reckless, willful, wanton or intentional misconduct.

13. Emergency care and medical costs

If Participant appears injured, ill, impaired or unable to consent, Participant authorizes EMPRESS and Venue personnel to provide reasonable first aid, contact emergency services, and arrange evaluation, treatment, evacuation or transportation.

No Released Party promises that medical personnel or equipment will be available. Participant accepts responsibility for medical, ambulance, evacuation and related costs, and authorizes medical providers to share information reasonably necessary to coordinate an emergency response. EMPRESS does not provide medical, accident, disability or health insurance for participants.

14. Property damage and personal property

Participant is responsible for damage Participant causes to a Venue, firearm, target system, vehicle, protective device, training aid or another person's property.

Released Parties are not responsible for theft, loss or damage to Participant's personal property, except to the extent a claim cannot legally be released. Personal equipment is used at Participant's own risk and only with instructor approval.

15. No guarantee and no continuing legal advice

EMPRESS does not guarantee that Participant will pass a course, demonstrate competency, qualify for or receive a license or certificate, safely use, carry, transport or store a firearm after training, or achieve any particular result.

Laws, manufacturer guidance and Venue rules can change. Classroom discussion of firearms law is educational information and not personal legal advice. Participant remains responsible for determining and following the laws that apply to Participant's conduct.

16. Photography and media

EMPRESS sometimes photographs or films its courses. If Participant consents below, Participant grants EMPRESS permission to use her image, likeness and voice in its marketing, website and social media, without compensation. Participant may decline, and participation is in no way conditioned on granting it. Consent may be withdrawn later by writing to info@empressfirearms.com.

17. Ohio law and forum

Ohio law governs this agreement, without regard to conflict of law rules.

To the extent permitted by law, any dispute arising from this agreement or the Activities must be filed in a state or federal court located in Franklin County, Ohio, and Participant consents to personal jurisdiction and venue there. A mandatory law of another state where an Activity occurs controls only to the extent it cannot lawfully be varied by agreement.

18. Severability and interpretation

Each provision is intended to be independent and enforceable to the maximum extent permitted by law. If a provision is invalid, unenforceable or too broad, it shall be narrowed to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.

Headings do not limit the operative language. To the extent lawful, this agreement applies to claims arising before, during or after the Activities covered by this registration, and to any further EMPRESS course, activity, range visit or event Participant attends, unless EMPRESS asks her to sign a new agreement.

19. Entire agreement and electronic signature

This agreement, together with any incorporated EMPRESS or Venue safety rules, is the entire agreement on the subjects it covers, and it replaces any oral statement or prior writing. It may be changed only in a written record accepted by EMPRESS and Participant.

Participant agrees to transact electronically, as permitted by Ohio Revised Code Chapter 1306 and the federal ESIGN Act. Typing a signature, entering initials or checking an acceptance box is intended as an electronic signature, and has the same legal effect as a handwritten signature on paper, together with the date, time, internet address and browser information recorded by EMPRESS.

Participant confirms that Participant can download, save, print and retain this agreement, and will receive a completed copy by email.

20. Voluntary and informed agreement

Participant confirms that Participant had sufficient time to read this entire agreement, understands that she is surrendering substantial legal rights, including claims based on ordinary negligence, had an opportunity to ask questions and to seek independent advice, was not pressured or promised anything outside this agreement, understands that participation is voluntary, and signs knowingly and voluntarily as a condition of participation.

M1. Parent or guardian authority

The undersigned adult represents that she or he is the minor participant's parent or court appointed legal guardian, has legal authority to consent to the minor participant's participation, is not restricted by a custody order or other legal instrument from providing consent, will provide proof of authority and government identification if requested, and will immediately inform EMPRESS of any restriction or change affecting that authority.

M2. Prior written consent to handgun possession and use

The parent or guardian gives prior written consent for the minor participant to temporarily receive, possess, handle and use handguns and handgun ammunition, solely for target practice and a course of instruction in the safe and lawful use of a handgun, under the supervision or control of a responsible adult approved by EMPRESS.

This consent is intended to satisfy 18 U.S.C. section 922(x)(3)(A) and Ohio Revised Code section 2923.21(A)(3).

The parent or guardian represents that neither the parent or guardian nor the minor participant is prohibited by federal, state or local law from possessing a firearm.

The parent or guardian understands that federal law requires the minor participant to have this prior written consent in her possession whenever she possesses a handgun or handgun ammunition under the statutory training exception, and will ensure a completed copy is available in printed or electronically accessible form whenever required, and will comply with all applicable transportation restrictions.

M3. Consent and assumption of risk for the minor participant

The parent or guardian has reviewed the Activities and the specific risks with the minor participant, believes participation is in her best interests, and consents to participation.

On the parent or guardian's own behalf, and to the fullest extent the parent or guardian may lawfully act for the minor participant, on her behalf, the parent or guardian knowingly accepts and assumes all risks described in this agreement, including risks arising from the ordinary negligence of a Released Party.

M4. Parent or guardian release of claims

TO THE FULLEST EXTENT PERMITTED BY OHIO LAW, THE PARENT OR GUARDIAN, FOR THE PARENT OR GUARDIAN AND THE PARENT OR GUARDIAN'S ESTATE, PERSONAL REPRESENTATIVES, HEIRS, BENEFICIARIES AND ASSIGNS, FOREVER RELEASES EVERY RELEASED PARTY FROM ALL CLAIMS ARISING FROM OR RELATED TO THE MINOR PARTICIPANT'S ACTIVITIES, INCLUDING THE PARENT OR GUARDIAN'S OWN CLAIMS, MEDICAL EXPENSES, LOSS OF SERVICES, CONSORTIUM, EMOTIONAL DISTRESS, WRONGFUL DEATH DAMAGES, OTHER DERIVATIVE LOSS, AND CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

To the fullest extent permitted by law, the parent or guardian also releases claims belonging to the minor participant, and agrees not to file, maintain or assist a claim on her behalf that is barred by this agreement.

Nothing in this addendum releases reckless, willful, wanton or intentional misconduct, or another claim that cannot lawfully be waived.

M5. Parent or guardian covenant and indemnification

The parent or guardian agrees not to file, maintain or assist a claim against a Released Party concerning a claim validly released by the parent or guardian.

The parent or guardian will defend, indemnify and hold the Released Parties harmless from third party claims, damages, losses, penalties and reasonable attorney fees arising from the minor participant's negligent, reckless, intentional or unlawful conduct, violation of a safety rule or Venue rule, damage caused to property, unauthorized possession, use, handling or transfer of a firearm or ammunition, or the parent or guardian's material breach or material misrepresentation.

To the fullest extent permitted by law, this obligation also applies to a claim filed by or on behalf of the minor participant or a nonsigning parent, when that claim is within the scope of a valid release or covenant in this agreement.

M6. Supervision and removal

The parent or guardian authorizes EMPRESS instructors and Venue personnel to supervise the minor participant, to inspect, unload, secure, take possession of or remove any firearm or ammunition, to use reasonable physical contact to stop an unsafe act, and to refuse or end participation because of a safety, legal, maturity, attention, conduct or Venue policy concern.

The parent or guardian and the minor participant will comply with any requirement that a parent or guardian remain at the Venue.

M7. Emergency medical authorization

If the parent or guardian cannot be reached promptly, the parent or guardian authorizes reasonable first aid, emergency evaluation, medical treatment, evacuation and transportation for the minor participant, accepts financial responsibility for those services, and authorizes medical providers to share information reasonably necessary to coordinate emergency care.

M8. Minor participant acknowledgment

The minor participant confirms that the safety rules and major risks were explained in words she understands, that she will obey every command, that she will immediately stop and ask for help if she is confused, afraid, ill or unsafe, and that she understands any safety violation may result in immediate removal.