TERMS OF SERVICE AGREEMENT
The Firearms Trainers Association (FTA) is an organization founded by five of the most well respected and distinguished professional firearms trainers in the world. The “Founders Board” (Ken Hackathorn, Larry Vickers, Jeff Gonzales, Dave Spaulding and Scott Reidy) worked with 2A Association Management and Executive Director Kyle Sweet, to create an organization that provides proper insurance coverage for firearms instructors (Professional liability, Property and Casualty). FTA has established for its members the only stable insurance in the firearms industry available to trainers without a mandate to train under one system. This insurance is not subject to political changes, protest or tragic event. It exists for the purpose of protecting the interests of its firearms associations. This comprehensive suite of insurance services is provided for firearms trainers working in the industry. Certificates of Insurance are available to all “Covered Members” when required for conducting classes. Insurance is provided through FTA by 2A Insurance, a Captive Insurance company reinsured through Port Royal Captive Re-Insurance. The membership comes with this insurance backed protection: Commercial General Liability with a Professional Liability endorsement. This policy will cover general liability (claims such as slip and falls, damage to property, etc.).
The “Founders Board” all have decades of training experience in military and law enforcement and has dedicated their professional lives to training all levels of civilians. Their recognition of the need to create a mechanism to serve the interests of firearms trainers as well as increase the professionalism of the profession through their experiences, resources and core values led them to create FTA. The Founding Board Members shall with the Executive Director of FTA in the administration and management of the organization and its services and terms of membership.
The purpose of FTA is also to protect the profession of firearms training through safety and risk management standards, business development services, and curriculum certification. The FTA Firearms Trainers will provide content that has been vetted, is reliable and trustworthy in addition to being tactically sound. FTA will serve as the industry leader in providing professional development to trainers through resources, networking, marketing assistance (including joint marketing initiatives), web content consulting, video safety briefings from Board Members, and legal forms for Waivers of Liability, and other business related forms as well as use of the FTA logo in marketing and training materials.
The FTA is eager to welcome you to its membership community without inviting divisiveness, and celebrating the opportunity to provide you the services outlined in this Terms of Service Agreement and plan descriptions. Throughout this document the words “you” and “your” shall have the same meaning as “Covered Member” or when speaking of access to content an “Auxiliary Member.” Under this document the word “Insured” and “the Company” refers to “Firearms Trainers Association” or “FTA”. FTA hereby certifies that this Terms of Service Agreement is subject to all terms, exclusions, conditions and provisions of the policy and any amendments thereto, for each Covered Member enrolling or renewing membership with FTA during the “Policy Period.”
Covered Member must agree to these Terms of Service, acknowledge Covered Member is not prohibited to be in possession of a firearm, remit payment for a selected membership, and provide a complete and accurate application before Covered Member may become a FTA Covered Member or Auxiliary Member. Covered Member must maintain the accuracy of the application by supplementing or updating the information contained in the application by disclosing, through electronic mail to FTA, any information materially related to the information requested in the application, for as long as Covered Member or Auxiliary Member is a FTA Member. Any misrepresentations, omissions, or other inaccuracies, of any kind, in the information disclosed to FTA through the application process, including, but not limited to, information regarding the existence or status of Covered Member’s state concealed weapon permit, certifications, licenses, status as a firearms instructor, eligibility to legally possess a firearm, or any other false information may result in termination or forfeiture of membership. The Founder’s Board and any representative of 2A Association Management reserves the right to review the Covered Member’s application after purchase of membership for a final approval if there are inaccuracies found or proof of misrepresentations.
You will be eligible for services and benefits, according to your selected level of member status, according to the membership terms and requirements described below:
- Memberships Coverage & Costs:
The membership comes with this insurance backed protection:
Commercial General Liability with a Professional Liability endorsement. This will cover general liability claims such as slip and falls, damage to property, etc.
Professional liability endorsement covers property damage and personal injury arising from Professional Liability. This covers claims of negligence associated with negligent training, violations of standards, injury to students, bystanders, other students or instructors, negligent retention and hiring (however each trainer must have their own membership. Your membership does not cover those other instructors working with or under you).
All subscriptions for “Covered Members” (full-time and part-time instructors) are priced at $400 a year. All subscriptions for “Auxiliary Members” are priced at $100 for those who join prior to September 15th, 2018 and priced at $150 a year for those who join after. Auxiliary Members are those who want to support the mission to create standards for training but are not trainers and shall not be covered by insurance. “Auxiliary Members” will have access to all content and information of all levels of membership.
- Member Services & Coverage Restrictions:
In accordance with your coverage and type of membership, if you hold a valid instructor certification or license through any state certified program or FTA recognized national certification program (such as NRA Certified Instructors or Self-defense Safety Act Instructors), or are a qualified trainer under and recognized LAW Enforcement Training (POST, CLEET, etc.), or are qualified by the state or nationally to conduct Tactics & firearms training classes or “Train the Trainer” courses either during indoor or outdoor classes/ranges, will pay all the reasonable costs to defend Covered Member against civil suits, and civil liability claims.
Member services apply only to a Recognized Professional Liability Claim:
- That occurs during the Policy Period;
- Takes place in the “Policy Territory;”
- That occurs in a location that honors the Covered Member’s permit, license or certification for legally licensed firearms;
- That occurs in the Covered Member’s training, class or course, or occupants of the location;
- That follows mandated FTA rules, waivers, safety handouts & videos; and
- Are not in violation of any restriction or exclusion of these terms of service.
- Protection with Professional Liability policy does cover the member when a claim is brought for professional negligence associated with negligent instruction, allegations of unsound tactics, improper use of judgment by student of member after conclusion of class.
FTA provides insurance backed services when a Recognized Professional Liability Incident or claim occurs at a location in which you are allowed to be present and allowed to possess a firearm which you are legally entitled to possess, and are acting in the capacity of a firearms instructor or trainer. FTA will provide services in connection with civil defense and civil liability claims, related to Recognized Professional Liability Incident, which include proceedings related to:
- Basic, Intermediate or Advanced Pistol/Shooting Classes;
- Gun Safety Classes & Certification Classes;
- Concealed Carry & CCW Certification Classes;
- Classes on Tactical Movements and Tactics with Firearms;
- Classes for Firearms Self-Defense & Malfunction Drills;
- Basic, Intermediate or Advanced Carbine Classes;
- Use of “Simunitions” or “Live” rounds for the purpose of training
- Individual Instruction and Schools/Courses;
- All Legal Rifles and Shotgun Classes; and
- No Requirement to be certified by one specific course to have coverage
- ALL ACCIDENTAL DISCHARGES: FTA will provide the services or coverage if the incident is unintentional and considered an “Accidental Discharge”. This includes the unintentional use of any other legal weapon or force.
- Representation & Legal Services:
Representation, under the selected level of service, shall relate to representation in a Civil matter stemming from a Recognized Professional Liability Incident, pursuant to a duly-licensed and in good standing concealed carry weapon permit, certified or licensed firearms instructor and the other mentioned requirements above, for the time period associated with your membership term, which commences upon approval of your application by FTA and continues for one year from the date of purchase or approval of your application. Representation includes securing legal services and investigative services from FTA provides insurance backed network law firms and professional firms affiliated with or retained by network law firms. Covered Member acknowledges that FTA does not provide legal advice, and Covered Member acknowledges that no attorney-client relationship is created between Covered Member and FTA upon remitting membership payment for a selected membership or acknowledgment of these Terms of Service by the Covered Member or Auxiliary Member.
FTA will obtain and pay all legal services related to an incident or claim, the Covered Member expressly and unconditionally releases without limitation and agrees to hold harmless FTA from any claim, controversy, or dispute arising out of any legal services or other service rendered by a network law firm, its attorneys and other personnel, a professional firm or business affiliated with or retained by an attorney, network law firm, and its employees, contractors, or personnel.
- Civil Coverage Acknowledgement:
Covered Member acknowledges that this is not an insurance product. Covered Member understands that this is a services agreement, therefore, any monetary judgments or fines rendered against a Covered Member, who does not have a plan that includes civil liability coverage (Auxiliary Member), is the responsibility of the member. If a Covered Member has a civil liability coverage plan, only then will the Covered Member be covered for up to $1,000,000 if not outside of coverage restrictions.
Civil Coverage and Limits of Liability:
A CIVIL LIABILITY POLICY PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS SUBJECTED TO THE LIMITS OF LIABILITY, TERMS AND CONDITIONS DETAILED HEREIN. THIS POLICY APPLIES ONLY TO ANY CLAIM FIRST MADE BY THE INSURED ON BEHALF OF A “COVERED MEMBER” AND REPORTED TO THE INSURER DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING THAT MAY APPLY.
Named Insured: Firearms Trainers Association (FTA) – through 2A Insurance Company
2A INSURANCE is a segregated account of MADISON FIRST PROPERTY AND CASUALTY, LTD SAC, a Segregated Accounts Company registered under the Segregated Accounts Companies Act of 2004. This transaction, which is the subject of this document, relates to segregated account 2A INSURANCE.
Damages – Each Claim Limit: $1,000,000
Damages – Aggregate: $1,000,000
Civil liability coverage stemming from an incident or claim offers coverage of $1,000,000 per incident, and $1,000,000 in the aggregate. Litigation fees and expenses are separate from the $1,000,000 liability coverage. For example, your $1,000,000 in civil damages protection is not consumed by the fees and costs of litigation.
- Acknowledgement of Insured:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
REQUIRED WAIVERS, SAFETY BRIEFINGS AND HANDOUTS:
Students & Guests will sign an approved FTA liability waiver/ assumption of risk form.
- Mandatory use of FTA Release and Waiver of Liability form. Failure to use and maintain this form for each student shall result in denial of coverage for that student and that class. Forms are available for download from website atFTAProtect.com.
- Parents or guardians of minors will sign an FTA indemnity agreement form.
- Mandatory Safety Briefing is required at beginning of each class. Abbreviated Safety Briefing is allowed for subsequent days of same class.
- Classroom or Range Rules presented prior to instruction or training.
RANGE ENDORSEMENT: Ranges where the classes take place will be listed on any “Certificate of Insurance” (COI) requested by the Student. This coverage will extend indemnification to the range for the direct negligence of member that causes any personal injury or property damage stemming from a class, or claims brought against ranges for ostensible agency or vicarious liability. In any such instance, FTA will reserve the right under indemnification to assume the defense of range and provide counsel. No COI shall be altered, shared or transfer and if a member alters any form without the written consent of 2A Insurance representative the membership revoked and coverage will become null and void.
If a Covered Member has another insurance product, FTA, upon notification by the Covered Member, will respond and begin services. If the Covered Member has any plans, policies, or memberships that offer any financial assistance covering a training incident or claim, FTA will work with the Covered Member to obtain any applicable financial assistance in connection with their incident or claim. If there are conflicting terms between these terms contained herein and other policies or other insurance membership plans, FTA will attempt to negotiate resolution of such conflict in the best interest of the Covered Member. In the event of an Incident or claim, FTA will work with the Covered Member to determine any and all polices of coverage or insurance plans that may be utilized for the Covered Member’s benefit. Covered Member agrees to transfer any subrogation rights or interests from any employer, agent, agency, or policy to FTA.
In the event the Covered Member or the insured’s other insurers elect not to appeal a judgment in excess of the other valid and collectible insurance limits, 2A Insurance may elect to make such appeal at their cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of 2A Insurance for damages exceed the applicable limits of liability set forth in the notice of insurance issued to the respective “Covered Member” for any one “Occurrence” and in addition the cost an expense of such appeal.
In as much as this policy is excess coverage, any insured’s right of recovery against any person or other entity cannot be exclusively subrogated to 2A Insurance. It is, therefore, understood and agreed that in case of a payment hereunder, FTA will act in concert with all other concerned interests (including the Covered Member), in the exercises of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Covered Member) that have paid an amount over and above any payment received hereunder, shall first be reimbursed up to the amount paid by them; FTA shall then be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Covered Member) of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the concerned interests (including the Covered Member), in the ratio of their respective recoveries hereunder.
Assignment of interest under this policy shall not bind FTA until its consent is physically endorsed thereon in writing.
- Restrictions, Limitations, Notices and Exclusions:
INELIGIBLE ACTS & EXCLUSIONS:
- Training where primary instruction is non-firearms related (martial arts, driving skills, etc.)
- Instruction in explosives, IEDs, or similar devices (only with advanced notice and permission from FTA prior to coverage).
- Any account permitting alcohol to be consumed prior to or during activities.
- Failure to obtain proper permits and licensing.
- Exclusion for Professional Liability claims if not licensed and certified to teach and train the use of Firearms.
- “Advertising Injury” is not covered (see definitions)
- Protection only extends to the professional realm. No coverage for defensive shootings, in home personal training such as dry fire (dry fire cards, practicing drawing from holster, re-holstering, etc.)
- Your rights and duties under this policy may not be transferred.
- Drug exclusion: Consuming any non-prescription medication that alters judgment, consciousness, or focus may result in voiding of coverage.
- Alcohol exclusion: Any alcohol consumed at or during class will void coverage.
SUBSTANCES THAT ALTER JUDGMENT: FTA will not provide the services or coverage if, at the time of training or claims incident, you are impaired in public or private property, by the use of alcohol, or controlled substances, or prescribed medication that alters judgment, or in any location you are in violation of state law or regulation concerning alcohol and drug use while in the possession of a firearm. This restriction is specific to any public place or private property during any training, class or course.
INVALID PERMITS, LICENSES AND DISQUALIFICATION: FTA will not provide the services or coverage if the “Covered Member” no longer holds a valid training and instruction certification, state license or any other state disqualification to be a professional firearms instructor. This might include concealed weapons permit or a failure to provide and maintain accurate and truthful information on any FTA application, become subject to a condition which would preclude or disqualify you from legally possessing a firearm, has presented training so dangerous that it is not aligned with FTA training standards following “Founders Board” review, or are otherwise no longer in good standing with FTA.
OUTSIDE OF COVERAGE AREA: FTA will not provide the services for a “Covered Member” outside of the coverage area.
COVERAGE FOR ON-DUTY INCIDENTS: FTA will not provide coverage or services for any on-duty or extra-duty incidents for law enforcement, military personnel or security personnel that is not associated with a private firearms training class or course. This includes incidents by persons who work as, but not limited to, police officers, private investigators, correction officers, security guards, security forces, church security teams, bond agents, private investigators or military personnel, whether paid or volunteer. On-duty coverage shall be covered by the employing agency or the organization that the individual is working or volunteering. This includes all those hired to protect a location, individual or group, personal property and any other similar services. FTA does not take the place of the employer or organization, which has a duty to defend the actions of its employee/agent officer. If the training and reported incident is found to be outside the course and scope of employment, then 2A Association Management shall present to the FTA Claims Committee for review and determination if outside counsel would perform a coverage analysis to determine what coverage, if any, applies. FTA will not provide the services for a “Covered Member” in violation of any exclusion of these terms or restriction written in a plan description.
- Insurance Products and/or Other Legal Services:
If a Covered Member has an insurance product, or legal services membership plan, 2A Insurance, upon notification by the Covered Member, will respond and begin services. If the Covered Member has any plans, policies, or memberships that offer any financial assistance toward their defense, FTA will work with the Covered Member to obtain any applicable financial assistance in connection with their civil defense. If there are conflicting terms between these the terms herein and other policies or other membership plans, FTA will attempt to negotiate resolution of such conflict in the best interest of the member. In the event of a Recognized Professional Liability Incident, FTA will work with the Covered Member to determine any and all polices of coverage or membership plans that may be utilized for the Covered Member’s benefit. Covered Member agrees to transfer any subrogation rights or interests from any employer, agent, agency, or policy to FTA.
- Dispute Resolution:
Upon any dispute, claim, or controversy, of any kind, arising out of these Terms of Service, Covered Member acknowledges and agrees that any such dispute will first be submitted for resolution through mediation. If mediation is unsuccessful, however, the dispute, claim, or controversy shall be resolved through binding arbitration to occur in Oklahoma City, Oklahoma and administered according to the Commercial Arbitration Rules of the American Arbitration Association and applying the laws of the State of Oklahoma.
- Electronic Notices:
Covered Member agrees to receive any notice related to these Terms of Service by electronic mail. Covered Member agrees that any notice related to these Terms of Service shall be valid upon transmission of the notice by FTA to Covered Member by electronic mail. Covered Member agrees to maintain a current email address with FTA for purposes of receiving notifications.
- Rights Reserved to Increase Rates:
FTA reserves the right to increase membership rates for recurring memberships, however, you are guaranteed that your rate will not increase during the year of that membership. Upon written notice by Covered Member to FTA, FTA can refund the membership in full in the first 30-days. After 30-days, and upon written notice by Covered Member to FTA, the membership will be refunded at a prorated rate of the unused portion of the membership.
- Entire Agreement, Non-Assignment, and Severability:
These Terms of Service are the final expression of the entire agreement between FTA and the Covered Member, and supersede any and all prior agreements and understandings. These Terms of Service are divisible and separable. If any of the Terms of Service are found to be or becomes invalid, illegal, or unenforceable, such term or terms shall be reformed to approximate as nearly possible the intent of the FTA and Covered Member, and the remainder of the terms shall not be affected thereby and shall remain valid and enforceable to the greatest extent permitted by law. Covered Member shall not assign or delegate any or all of its rights or obligations arising from these Terms of Service without written consent from FTA and any such attempt of assignment or delegation shall be null and void.
Covered Member acknowledges that this Agreement creates certain legal rights and obligations between the FTA and Covered Member, and acknowledges that Covered Member has had the opportunity to consult with legal counsel as Covered Member deems appropriate, and that Covered Member understands the terms of this Agreement.
- “Advertising injury” means injury arising out of one or more of the following offenses: Oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; Oral or written publication of material that violates a person’s right of privacy; misappropriation of advertising ideas or style of doing business; or infringement of copyright, title or slogan.
- “Damages” means the total sum which the Covered Member becomes legally obligated to pay as damages, whether by reason of adjudication or settlement, because of “bodily injury” or “property damage” covered by this policy but not covered by any other valid and collectible insurance, and shall not include expenses incurred by The Company in the investigation, negotiation, settlement, and defense of any claim or suit seeking such damages.
- “Suit” means a civil proceeding in which damages because of “bodily injury”, “property damage”, “personal injury” or “advertising injury” to which this insurance applies are alleged. “Suit” includes an arbitration proceeding in which such damages are claimed and to which the insured must submit with our consent; or any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
- “Covered Member” means a Firearms Instructor or Trainer who is a member is in good standing with FTA at the time of the “Recognized Professional Liability Incident” and whose requisite information has been included in the reporting you are required to provide the Company in accordance with this policy.
- “Auxiliary Member” is a member who wants to support the mission to create standards for training but is not a firearms trainer and shall not be covered by insurance. “Auxiliary Members” will have access to all content and information of the Covered Member.
- “Firearm” means a weapon, other than a fully automatic weapon, from which a projectile is discharged by gunpowder or by pressure of compressed air.
- A “Recognized Professional Liability Incident” is an incident occurring by a certified or licensed firearms trainer or instructor during individual instruction, a class or a course in which there is “bodily injury” or “property damage” covered by this policy but not covered by any other valid and collectible insurance. There is a client or student bringing forth a civil suit against the Covered Member as result of the instruction or training.
- “Legally possessed firearm” means a “firearm” possessed by the Covered Member in accordance with any applicable local, state, federal, or provincial laws of the state or jurisdiction within which the “bodily injury” or “property damage” occurs.
- “Occurrence” means a Recognized Professional Liability Incident.
- “Policy Period” means a twelve (12) month period that begins with the coverage inception date for a Covered Member and continues for each twelve (12) month period thereafter.
- “Policy Territory” means the United States of America, and its fifty(50) recognized states (does not include US territories and possessions, US Virgin Islands, or Puerto Rico).
- “Property Damage” means physical injury to or destruction of tangible property during the Policy Period, including loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. Property damage includes damage to structures, vehicles, equipment, or the personal property of anyone whose damage occurred from the professional negligence of member or student under his/her control.
- A “Wrongful Act” means any negligent act, error, misstatement, misleading statement or omission in the performing, or failing to perform services, as a “firearms instructor”.
- Purchase and Assent to Terms of Service:
By clicking below, “Covered Member” or “Auxiliary Member” acknowledges that they have read, analyzed, understand, and agree to be bound by each and every term of these Terms of Service Agreement. By clicking below, Covered Member further acknowledges that they are unaware of any grounds or circumstances, which would preclude their eligibility for the Firearms Trainers Association. This membership is annual, and in effect for one year from the date of purchase and subject to review by the “Founders Board” with final determination of conflict or removal to be determined by outside counsel. At the end of the year, your membership will automatically renew for continued service. Please upload copies of all state licenses, permits and course certifications to firstname.lastname@example.org to be filed and only updated if there is a status change.
- Cancellation of Service:
CANCELLATION: COVERAGE FOR THE ABOVE NAMED COVERED MEMBER OR AUXILIARY MEMBER UNDER ANY OF THE ABOVE DESCRIBED POLICIES WILL AUTOMATICALLY TERMINATE UPON CANCELLATION OR NON-RENEWAL OF THE COVERED MEMBER'S MEMBERSHIP WITH FTA 2A OR, THE FAILURE TO MAINTAIN SUCH MEMBERSHIP IN GOOD STANDING.
To start the membership process and express your acceptance to these Terms of Service, please click the button below.