TERMS OF SERVICE AGREEMENT
Under the “Instructor” plan, the Firearm Trainers Association (“FTA”) provides services in the event claims, which are covered by the terms of the plan, are made against a qualifying member/instructor related to claims of property damage, personal injury, and negligent training arising from incidents occurring during approved firearm training, de-escalation training, use of force training, and other approved firearm-related educational exercises, programs, or courses which the qualifying member/instructor is accredited to offer and provide, while the terms of the plan are in effect. This plan is a “claims made” policy, which requires that any incident giving rise to a request for services, and any resulting request for services related to the incident, be made during the effective policy period by a member in “good standing,” meeting all requirements for services under this plan, and any incident giving rise to a request for services under this plan and any resulting request for services related to the incident under this plan, made before the plan effective date or after the plan expiration date, is ineffective to trigger services under the plan. Under this plan, civil liability coverage stemming from any such claim is $1,000,000 per incident, and $2,000,000 in the aggregate. Litigation fees and expenses are separate from the $1,000,000 liability coverage. This plan is a program of FTA, offered through 2A Association Management, LLC, which is managed by Hamilton Captive Management. All other applicable and non-conflicting FTA Terms of Service, as set forth herein, apply to services under this plan.
As a condition precedent to the provision of any services under this plan by FTA, the covered member/instructor in “good standing” with FTA must: (1) obtain, maintain, and provide upon request to FTA, written, executed, and comprehensive waivers of liability for the benefit and protection of the qualifying member/instructor from all program participants, in a form acceptable to FTA; (2) provide daily safety programs/briefings, in a form acceptable to FTA, to all participants before any firearm-related educational exercises, programs, or courses are actually provided on any given day of instruction while the plan is in effect; and (3) obtain, and provide to FTA, all evidence of proper credentials certification as a firearm instructor, in a form acceptable to FTA.
The covered member/instructor agrees and acknowledges that the terms and provisions herein are contractual and not mere recitals. These Terms of Service (“Agreement”) constitute the final expression of the entire agreement and understanding between the parties regarding the subject matter of this he or her relationship with FTA, and this Agreement supersedes any and all prior agreements, arrangements, and understandings related to the subject matter hereof. This Agreement may not be amended, modified, or waived except by a written agreement designated as an amendment of the Terms of Service and expressly approved in writing by FTA.
The covered member/instructor agrees and acknowledges that this Agreement and all claims or causes of action (whether in contract or tort) that may be based upon, arise out of, or relate to this Agreement, the Terms of Service, or, in any respect or based on any factual variant regarding the negotiation, execution, or performance of all aspects this Agreement and/or Terms of Service (including any claim or cause of action based upon or arising out of this Agreement) shall be governed by the laws of the State of Oklahoma. Any legal action or proceeding with respect to this Agreement may be brought only in the District Court of Oklahoma County, Oklahoma, or if there is federal jurisdiction, in the United States District Court for the Western District of Oklahoma. The parties acknowledge that the acceptance of the jurisdiction of such courts is a material consideration for entering into and performing this Agreement. The parties agree that if any legal action is brought by any party to enforce this Agreement, or seek remedies for the breach hereof, the prevailing party(ies) in such action(s) shall be entitled to recover all costs and litigation expenses incurred in such action, including reasonable attorney and expert witness fees.
The covered member/instructor agrees and acknowledges that to the extent allowed by the laws of the State of Oklahoma, each party shall keep the terms of this Agreement confidential, except that a party may disclose the terms of this Agreement to the party’s attorneys, accountants, and other professional advisors who are not employees of a party as necessary for the normal operations of the party and the performance of this Agreement. A party may disclose the terms of this Agreement if legally required to do so by statute, or a court or governmental authority possessing the power to compel such disclosure. Upon receipt of such a demand for disclosure, the party receiving such demand shall provide notice to the other parties as soon as practicable and provide that party reasonable time, if practicable, to contest the disclosure to the extent allowed by law.
Each party to this Agreement represents and warrants to have consulted freely with their respective counsel in connection with the negotiation, execution, and performance of the terms and conditions of this Agreement, and further acknowledges and agrees to have been advised of the facts, contentions, and legal consequences related to the subject matter of this Agreement, and that this Agreement, and the execution of the documents incident hereto, are being, have been, and will be deemed to have been, entered into voluntarily, and without duress of any kind.
By remitting an initial payment to 2A Association Management, LLC for this plan, you agree that you are expressing your complete and unconditional consent to the terms of this Agreement and the Terms of Service.