6. RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of participating in the demonstration, training, and videotaping (the “Training”) related to training on the use the Byrna HD, I represent that I understand the risks and dangers associated with the Training and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if at any time during the course of the Training I believe that the Training conditions are unsafe, I will immediately advise Byrna personnel immediately and cease participation in this activity.
I fully understand that the Training involves dangers including risks of illness, allergic reaction, property damage, and bodily injury (including death) from the impact of the Byrna rounds, exposure to OC and/or PAVA and/or inert content, and/or which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence, gross negligence, or carelessness of the individuals named below, or from dangerous or defective equipment or product design, or from the potential exposure to pathogens including the COVID-19 virus; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibilities for losses, cost, and damages I incur as a result of my participation in the Training. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during or following the Training.
I hereby release, and discharge, and covenant not to sue Byrna Technologies Inc, and any of their subsidiaries, affiliates, administrators, directors, agents, officers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of the premises on which the Training takes place (collectively the “Releasees”), from all liability, claims, losses, or damages caused or alleged to be caused to me, my personal representatives, assigns, executors, heirs and next of kin, on anyone on my account, in whole or in part by the actions, omissions, or negligence of any of them, any other participant or otherwise, including but not limited to defective equipment or product design, or negligent rescue operations. and further agree that if, despite this release, waiver of liability, and assumption of risk I or anyone makes a claim arising from or related to the Training or the Byrna HD against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as a result of such claim.
I certify that I am at least 18 years old and not a MINOR and that I am authorized to sign it, that I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. I understand that during the Training or related activities, I will be photographed and the Training will be filmed or otherwise recorded. I agree that all photos, recordings, films and videos of the Training are the sole property of Byrna Technologies Inc., and agree to allow my photo, video, or film likeness, voice, or persona to be used for any legitimate purpose, including commercial purposes, by any of the Releasees, without fee or royalty. All representations, releases, waivers, covenants and agreements herein shall be construed broadly to provide release, waiver and indemnification to the maximum extent permissible under applicable law. If any part of this release is deemed ineffective or unenforceable in whole or in part it shall be severed and the rest of the terms hereof remain in place.