RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT, REFUND/CANCELLATION POLICY, AND PRIVACY STATEMENT
JM4 Dimensions, LLC, (“JM4 DIMENSIONS”) hopes that training with a Ti Training Simulator (“Simulator”) and/or CO2 Recoil Guns will significantly improve your firearm skills. We also hope you will find using the Simulator and/or CO2 Recoil Guns is a thrilling and realistic experience. However, for some individuals under certain circumstances, use of the Simulator and/or CO2 Recoil Guns can, potentially, have harmful effects on your health or safety. Before using JM4 DIMENSIONS equipment and facilities, you must understand the inherent risks of using the Simulator and/or CO2 Recoil Guns, assess your vulnerability to those risks, and either choose not to use the equipment or waive liability as to JM4 DIMENSIONS for injury, trauma, sickness or death that may result from those inherent risks.
Please read through the following information carefully before you decide to use the Simulator and/or CO2 Recoil Guns. Please ask us if any of the information is unclear to you. You must review and agree to this waiver before JM4 DIMENSIONS will allow you to use any JM4 DIMENSIONS equipment.
HEALTH AND SAFETY PRECAUTIONS: IMPORTANT INFORMATION
Read the following warnings before using the Simulator and/or CO2 Recoil Guns. If you believe any of these precautions apply to you, please read the detailed information following this table. Failing to do so may cause injury, trauma, illness or even death. If you or family members have had seizures, epilepsy, or blackouts, you may be vulnerable to photosensitive seizures that may be triggered by videos that play during the use of the Simulator. Please read the detailed information on photosensitive seizures on the following page to determine whether to use the Simulator. If you experience persistent or recurring discomfort, pain, throbbing, aching, tingling, numbness, burning sensation, or stiffness during or after use of the Simulator, you may be experiencing musculoskeletal disorders or repetitive motion injuries and should IMMEDIATELY CEASE USE OF THE SIMULATOR AND/OR CO2 RECOIL GUNS AND SEE A DOCTOR. Use of the Simulator may trigger motion sickness or “sim sickness” in some individuals due to the difference in the field of vision and focus points between the real world and the virtual world. Cease use of the Simulator if you experience disorientation or motion sickness. The radiofrequency emissions of the Simulator may interfere with pacemakers or other implanted electrical devices. Consult a doctor before using the Simulator if you have any such devices. All participants should review and understand the warnings regarding pinch and impact risk.
RELEASE AND WAIVER
I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE JM4 DIMENSIONS, any directors, officers, agents and employees of JM4 DIMENSIONS (all for the purposes herein referred to as Releasees), FROM ALL LIABILITY TO ME, my minor(s) listed above, my personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME, INCLUDING BUT NOT LIMITED TO DEATH, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE INHERENT RISKS OF THE USE OF JM4 DIMENSIONS EQUIPMENT OR FACILITIES. If despite this release, I, or anyone on my behalf, makes a claim against any of the “Releasees” named above, I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE “RELEASEES” and each of them from ANY LITIGATION EXPENSES, ATTORNEYS FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE “RELEASEES” NAMED ABOVE, FOR ANYTHING OTHER THAN THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MALFEASANCE OF THE RELEASEES. JM4 DIMENSIONS RECOMMENDS THAT ANY PARTICIPANT OR OBSERVER, WITH ANY MEDICAL CONDITION OR WHO IS OR MAY BE PREGNANT, SHOULD CONSULT WITH HIS OR HER PHYSICIAN, PRIOR TO USING JM4 DIMENSIONS EQUIPMENT. BY AGREEING TO THIS WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE RISKS INHERENT IN THE USE OF JM4 DIMENSIONS EQUIPMENT AND FACILITIES AND ARE VOLUNTARILY ASSUMING THE RISKS INHERENT IN THE USE OF JM4 DIMENSIONS EQUIPMENT AND FACILITIES. YOU ACKNOWLEDGE THAT JM4 DIMENSIONS ASSUMES NO LIABILITY FOR TRAUMA, ILLNESS OR INJURY RESULTING FROM THE INHERENT RISKS OF USE OF JM4 DIMENSIONS EQUIPMENT AND FACILITIES. YOU ALSO ACKNOWLEDGE THAT YOU HAVE HAD ADEQUATE TIME TO READ THIS DOCUMENT AND TO DECIDE WHETHER TO USE JM4 DIMENSIONS EQUIPMENT AND FACILITIES. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT; I FULLY UNDERSTAND ITS TERMS; I AM OF LAWFUL AGE AND AM LEGALLY COMPETENT TO SIGN IT; I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT; I UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL; I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME; AND IF I HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT, I WILL CONSULT AN ATTORNEY BEFORE AGREEING TO IT.
DETAILED HEALTH AND SAFETY PRECAUTIONS
WARNING – PHOTOSENSITIVE SEIZURES
A very small percentage of people may have seizures or blackouts when exposed to certain visual images, such as light flashes or patterns that may appear in videos. This may occur while they are watching videos such as those that play during the use of the Simulator. Even if they have never had a seizure or epilepsy before, some people may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching the videos that are part of the Simulator. These seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury or death from falling down or striking nearby objects. Immediately stop using the Simulator and consult a doctor if you experience any of these symptoms. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition, or has a relative with a history of seizures or epilepsy, must consult a doctor before using the Simulator.
WARNING – REPETITIVE MOTION INJURIES, MUSCULOSKELETAL DISORDERS, AND EYESTRAIN
When using the Simulator and/or CO2 Recoil Guns, as with many activities, you may experience occasional discomfort in your hands, arms, shoulders, neck, or other parts of your body. However, if you experience symptoms such as persistent or recurring discomfort, pain, throbbing, aching, tingling, numbness, burning sensation, or stiffness, DO NOT IGNORE THESE WARNING SIGNS – STOP USING THE SIMULATOR AND/OR CO2 RECOIL GUNS. PROMPTLY SEE A QUALIFIED HEALTH PROFESSIONAL, even if symptoms occur when you are not using a Simulator and/or CO2 Recoil Guns. Symptoms such as these can be associated with painful and sometimes permanently disabling injuries or disorders of the nerves, muscles, tendons, blood vessels, and other parts of the body. These musculoskeletal disorders (MSDs) include carpal tunnel syndrome, tendonitis, tenosynovitis, vibration syndromes, and other conditions.
While researchers are not yet able to answer many questions about MSDs, there is general agreement that many factors may be linked to their occurrence, including medical and physical conditions, stress and how one copes with it, overall health, and how a person positions and uses their body during work and other activities (including use of the Simulator and/or CO2 Recoil Guns). Some studies suggest that the amount of time a person performs an activity may also be a factor. Some guidelines that may help you work and use the Simulator and/or CO2 Recoil Guns more comfortably and possibly reduce your risk of experiencing an MSD, such as:
If you have questions about how your own lifestyle, activities, or medical or physical condition may be related to MSDs, see a qualified health professional.
WARNING – MOTION SICKNESS
Videos like those used with the Simulator, can cause motion sickness in some users. If you feel dizzy or nauseous when using the Simulator, stop using the Simulator and rest. Do not drive or engage in other demanding activity until you feel better.
WARNING – SIM SICKNESS OR VERGENCE-ACCOMMODATION CONFLICT DUE TO USE OF SIMULATOR
WARNING – PINCH AND IMPACT RISK
JM4 DIMENSIONS’s Simulator training firearms and CO2 Recoil Guns are intended to simulate the use of real firearms. Consequently, the Simulator training firearms and/or CO2 Recoil Guns have the same pinch risk and impact risk as real firearms. For example, a pinch risk is present when loading a magazine, manipulating the slide release and otherwise using the equipment, including, but not limited to, the reciprocating action of the slide, which may impact or pinch a participant’s hand. Following instructions from JM4 DIMENSIONS staff for proper hand placement and operation may reduce (but not eliminate) the risk of pinch and impact injuries.
WARNING – HEARING LOSS
Our Simulator uses realistic sound effects to mimic the real-world environments, including high volume simulated gunshot sounds. Extended exposure to high volumes may result in temporary or permanent hearing loss. We recommend the use of hearing protection.
WARNING – GRAPHIC CONTENT
Our Simulator uses extremely realistic scenarios that assist in preparing you for a real-life situation. Content is generally suitable for ages 17 and up, however, Simulator self-defense and active shooter scenarios may contain intense violence, blood and gore, and/or strong language.
WARNING – RADIO FREQUENCY INTERFERENCE
WARNING – LASER DEVICE
The Simulator is a Class I laser product. Caution: Use of controls or adjustments or procedures other than those specified may result in hazardous radiation exposure.
BY SIGNING THIS WAIVER, I ACCEPT RESPONSIBILITY FOR ANY AND ALL DAMAGE TO OUR FACILITY AND/OR OR EQUIPMENT THAT OCCURS AS A RESULT OF MY RECKLESS, NEGLIGENT, OR CARELESS ACTIONS. IF YOU HAVE QUESTIONS AT ANY TIME REGARDING THE OPERATION OF OUR EQUIPMENT, PLEASE ASK!
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF JM4 DIMENSIONS, LLC ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
You may cancel or reschedule your appointment or class without charge with a 24 hour notice prior to your scheduled appointment or class. Cancellations without a 24 hour notice may result in a loss of refund if we cannot fill the seat prior to the start of appointment or class. No shows or cancellations after the start of class will result in forfeiture of refund. Upon cancellation refunds must be requested from a JM4 Dimensions staff member via phone, email, or in person.
Collection of your personal information When JM4 DIMENSIONS, LLC and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, JM4 DIMENSIONS, LLC and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.
Security of your personal information JM4 DIMENSIONS, LLC and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies JM4 DIMENSIONS, LLC and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Data retention JM4 DIMENSIONS, LLC and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.
By signing below, I acknowledge that I have read, fully understand and agree to the foregoing Release and Waiver of Liability, Assumption of Risk, Indemnity Agreement, Refund/Cancellation Policy, and Privacy Statement.