Assumption of Risk/Waiver     

At the request of                                                                              , hereafter referred to as The Undersigned, you,       Preferred Arms/Robb Hunter    , hereafter referred to as The Provider, will provide one or more of the following services (collectively called the “Services”) to or for The Undersigned:            

1.          Instruction in the art of swordplay and / or unarmed combat for the theatrical production/s;

2.                Choreography of combat for theatrical production/s.

3.                Rental of weapons for the express use in theatrical productions that may include, but are not limited to, film, television and staged productions.

            The Undersigned recognizes that these activities and weapons are inherently dangerous and that serious injury can be sustained engaging in any of them or from their use.

            Acknowledgment of risks:  I acknowledge that the following describes some, but not all of the risks:  1) Slips, trips, bruises, abrasions or contusions, puncture wounds, head or face injury, or injury caused to or by others holding theatrical props such as swords, knives, daggers, shields, or other stage combat weapons, and falls or painful contact with the floor or walls, or other students or actors, instructors and teaching assistants while using the facilities or equipment in rehearsals, run throughs, or performances; 2) Risk associated with armed (with props or theatrical weapons), or unarmed stage combat: 3) Misuse of equipment or facilities or failure of equipment: 4) My physical strength, coordination, sense of balance, and ability to follow directions or instructions while in class: 5) Fatigue, memory loss, or overexertion.  I assume the risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments or tendons, fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration; head, neck and/or spinal injuries; puncture wounds, cuts; and contact with stage combat props, or the hands, feet, or other body parts of a partner in classes.

When the Services include the rental of weapons and/or equipment, The Undersigned assumes all risks, as detailed above, that may result from the use of said weapons and/or equipment either to The Undersigned or to other persons and/or property and shall not hold The Provider liable in any way.

            When the Services include the rental of weapons and/or equipment, The Undersigned will be responsible for ascertaining and obeying all local, state and federal laws, ordinances and statutes regarding the possession and use of said weapons and/or equipment. Weapons and/or equipment lost due to confiscation by law enforcement or other agencies will be treated as if lost or destroyed and The Undersigned will be responsible for compensation of the weapons and/or equipment for their full value.

            The Provider may provide the Services privately, or in a workshop, or as an instructor in a school, college, theater or other entity or facility.  The Provider may provide the Services  alone or with the assistance of others.  For purposes of this agreement, the word “The Provider” will include individually and collectively in any combination:  The Provider, any such workshop, school, college, theater or other entity or facility, and any person assisting The Provider.

            To induce The Provider to provide one or more of the Services, and in consideration thereof (which consideration is in addition to any fee The Undersigned pays for any of the Services), The Undersigned agrees that The Provider will incur no liability to The Undersigned or to those for whom The Undersigned is responsible (this includes any persons involved in the Services for which The Provider has been hired) and The Undersigned will have no claim against The Provider arising out of or in connection with any act, omission, circumstance or other occurrence in, involving or relating to any of the Services or the learning, practicing or performance of any activity described above unless such act, omission, circumstance or other occurrence constitutes willful misconduct or gross negligence; but if The Undersigned has any claim because of any willful misconduct or gross negligence, The Undersigned may only and will only assert that claim against the person, workshop, school, college or other entity or facility who or which commits the misconduct or is guilty of the gross negligence.

            If The Undersigned asserts a claim against The Provider and The Provider prevails, The Undersigned will pay The Provider’s expenses in defending that claim, including reasonable attorney’s fees.

            If The Undersigned is renting weapons or other equipment from the Provider he or she will return the weapons and/or equipment in its original condition or compensate the Provider for the full value of the weapons/equipment, or a portion thereof if the weapons and/or equipment is repairable as designated by The Provider.

            This agreement will be binding upon the heirs, administrators, executors, successors and assigns of The Undersigned.

Signed                                                                       Date                           
Print Name                                                                                                  

Provider                                 Preferred Arms/Robb Hunter                       

Invoice/Contract Reference Number       000      

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"We will rent no weapon that we would not personally use ourselves."