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Service Agreement

Smith & Wesson Academy Services Agreement
This Services Agreement (this “Agreement”), dated as of the date of your acceptance (the “Effective Date”), is by and between Smith & Wesson Inc., a Delaware Corporation, with its principal place of business at 1852 Proffitt Springs Rd., Maryville, TN 37801 (“Service Provider”) and you, an individual registering for services (“Student”, and together with Service Provider, the “Parties”, and each a “Party”).
WHEREAS, Service Provider operates a firearm range facility that offers classroom-based educational instruction on firearm safety, handling, and related topics, as well as practical on-range training and shooting instruction;
WHEREAS, the Student desires to engage Service Provider’s services for such firearm training and range use; and
WHEREAS, the Student acknowledges the inherent risks associated with firearm handling and shooting activities, and related instruction, including, but not limited to, the risk of personal injury, death, or property damage, and is willing to assume all such risks in partial consideration for Service Provider performing such services for Student;
WHEREAS, the Parties wish to define the terms and conditions under which the Services Provider will render these services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Service Provider and Student agree as follows:
1. Services
1.1. Scope of Services. Service Provider shall provide to the Student one or more of the services (the “Services”) set out below, subject to the terms and conditions of this Agreement:
1.1.1. Access to Service Provider's range facilities, equipment (if applicable), and certified instructors.
1.1.2. Classroom instruction on topics such as firearm safety, legal responsibilities, marksmanship fundamentals, and maintenance.
1.1.3. On-range practical instruction, including supervised shooting sessions, technique coaching, and scenario-based training.
1.2. Customization. Student acknowledges and understands that Service Provider retains sole and absolute discretion over determination of the method, manner and means of performing the Services, the content of the training Services, the information and materials used and provided to Student in connection with delivery of the Services, and the activities to be carried out by each of Service Provider’s representatives and Student in connection with the Services. Services may be customized or modified by Service Provider’s instructors in their sole discretion after consideration of, among other things, the Student’s skill level, operating conditions at the range facilities, and Service Provider’s then-current policies, procedures, methods and materials. The Services provided to Student may vary in any respect from the Services provided to other recipients of the Services. Student shall not be entitled to any refund of prepaid fees or any relief from its payment obligations if the Services or Student’s experience in receiving the Services is inconsistent with Student’s expectations.
1.3. No Guarantee of Results; Disclaimer of Warranties. THE SERVICES ARE PROVIDED BY SERVICE PROVIDER “AS IS” AND “WITH ALL FAULTS” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. SERVICE PROVIDER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED TO THE SERVICES, ANY DELIVERABLES, CONTENT, INFORMATION OR MATERIALS PROVIDED TO STUDENT PURSUANT TO THIS AGREEMENT, AND ANY OTHER PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR PROMISES REGARDING THE STUDENT’S PROFICIENCY, CERTIFICATION OR OTHER OUTCOMES FROM THE SERVICES.
2. Customer Obligations.
2.1. Student shall fully and immediately cooperate with Service Provider in all matters relating to the Services. Student shall provide valid and accurate information and identification when requested by Service Provider. In connection with receiving the Services, Student shall accord himself or herself with the highest degree of care, take all actions reasonably appropriate to minimize the risk of injury to Student or others and the risk of damage to any real or personal property, and immediately cease participation in the Services if Student has any basis for believing that Student is unable to fulfill all of its obligations under this Agreement.
2.2. Student shall strictly, fully and immediately adhere to all safety regulations, rules, protocols, and instructions of the Service Provider and its instructors, whether provided orally, visually or in writing. Without limiting the generality of the foregoing, Student shall wear appropriate protective gear, follow the dress code provided by Service Provider as applicable to specific Service, follow range officers’ commands, adhere to range protocols, and handle firearms responsibly.
2.3. Student certifies that Student is in good physical and mental health and capable of participating in the Services without causing undue risk to Student or others. Student will truthfully disclose any physical or mental conditions that could impact the safety, health or well-being of Student or others to the Service Provider’s instructors prior to accessing Service Provider’s range or otherwise engaging in the Services.
2.4. Student shall refrain from entering Service Provider’s premises or participating in the Services while under the influence of alcohol, drugs or any other substance that could potentially interfere with Student’s ability to perform its obligations under this Agreement.
2.5. Student shall obtain and maintain all necessary licenses, permits and consents and comply with all applicable federal, state, and local laws, regulations and orders in relation to the Services. Student certifies that he or she is not prohibited under law, regulation or order from participating in any activity or service involving possessing or handling firearms or otherwise contemplated hereby.Student further agrees to use any training acquired at the firearm class only in accordance with all applicable laws, rules and regulations.
3. Fees and Expenses.
3.1. The Student agrees to pay Service Provider the fees as advertised on Academy.Smith-Wesson.com for the selected Services, payable at the time of requesting the Services. Payment for the Services will be made exclusively by the manner instructed by Service Provider. Service Provider reserves the right to withhold performance of the Services until all fees are paid in full.
3.2. The Student is responsible for any additional costs, such as ammunition, background check, travel expenses to Service Provider’s range, rental equipment, or range fees not included in the fees set out on Academy.Smith-Wesson.com website for the selected Services, as well as any out-of-pocket costs incurred by Service Provider in connection with performing the Services for Student.
3.3. Except for the background check fee, the Student may receive a full or partial refund as follows: All fees paid or payable by Student pursuant to this Agreement are non-refundable, and Student may not deduct, withhold or offset amounts due to Service Provider. Student is not entitled to any partial or full refund or any relief from its payment obligations on the basis of any modifications to the Services, denial of Student’s access to the range facilities, removal of Student from the range facilities, termination of this Agreement, or Service Provider’s refusal to perform the Services, in each case to the extent permitted by the terms of this Agreement or applicable law. Notwithstanding the foregoing, however, Student may be entitled to a refund of the base Services fees if Student terminates this Agreement before the date Services are scheduled to be delivered in accordance with the following early cancellation schedule:
3.3.1. If Student terminates the Agreement more than fourteen (14) days before the date Services are scheduled to be delivered, Student will receive a full refund;
3.3.2. If Student terminates the Agreement between fourteen (14) days and two (2) days before the date Services are scheduled to be delivered, Student will receive a 50% refund; or
3.3.3. Students terminating the Agreement one (1) day before the date of the Services will receive no refund.
3.3.4. Students failing a background check will receive a full refund except for the background check fee.
3.3.5. If the Student violates safety rules, engages in unsafe behavior, or breaches any term herein, no refund will be issued.
4. Taxes.
Student shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by a federal, state, or local governmental entity on any amounts payable by Student hereunder.
5. Term and Termination.
5.1. This Agreement shall commence as of the Effective Date and shall continue until the completion of the Services, unless sooner terminated pursuant to Section 5.2.
5.2. Service Provider reserves the right to terminate this Agreement, revoke Student’s rights to access and use the range facilities, and immediately remove Student from the range and Service Provider’s other facilities if the Student fails to comply with the terms of this Agreement, fails to comply with Service Provider’s safety instructions or engages in unsafe or prohibited behavior or if Service Provider’s instructors determine that removal of Student from the range facilities is reasonably necessary to protect the safety, welfare and best interests of other persons or property at the range facilities, in each case as determined by Service Provider’s instructors in their sole discretion. Student shall not be entitled to any refund of prepaid fees or any relief from its payment obligations if Service Provider terminates this Agreement pursuant to this Section.
6. Assumption of Risk and Waiver of Liability.
6.1. The Student acknowledges and voluntarily assumes all risks associated with the Services and the use of firearms contemplated hereby, including, but not limited to, risks of accidental discharge, ricochet, hearing loss, eye injury, lead exposure, physical strain, mental illness and other hazards inherent to firearm use and training. The Student understands that these risks cannot be eliminated entirely, even with adherence to proper safety measures.
6.2. In consideration of being permitted to participate in the Services, the Student, on behalf of Student and Student’s heirs, executors, administrators, and assigns, hereby waives, releases, and forever discharges Service Provider, Service Provider’s affiliates, and their respective owners, officers, directors, managers, partners, trustees, employees, agents, instructors, landlords, tenants, licensors, vendors, suppliers and invitees (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, or expenses (including attorneys' fees) arising out of or related to any injury, death, or property damage sustained by the Student or third parties, whether caused by negligence, gross negligence, or otherwise, except in cases of willful misconduct or intentional harm by the Released Parties.
6.3. Student agrees to indemnify, defend, and hold harmless the Released Parties from any first- and third-party claims, actions, causes of action, suits, demands, investigations and proceedings, threatened or asserted, against any Released Party and all liabilities, losses, damages, costs and expenses arising therefrom that arise out of or in connection with, or are alleged to arise out of or in connection with, the Student's actions or omissions in connection with the Services (whether or not such actions or omissions are negligent) or Student’s breach of this Agreement.
7. Limitation of Liability.
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO STUDENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT (OR LOSS OF DATA OR DIMINUTION OF VALUE), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
7.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY TO STUDENT AND ANY THIRD PARTY ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY STUDENT TO SERVICE PROVIDER FOR THE SERVICES, NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8. Student’s Representation and Warranty. Student represents and warrants that all information provided to Service Provider in connection with this Agreement, including,  but not limited to, identification, criminal history, physical and mental conditions, restrictions on Student’s ability to participate in the Services in accordance with all applicable laws, regulations and orders, and any other material disclosures relevant to the Services, is true, accurate, complete, and not misleading. Further, Student represents and warrants that Student is eligible to possess firearms or ammunition under federal and state law, by affirming:
8.1. Student has not been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
8.2. Student is not a fugitive from justice;
8.3. Student is not an unlawful user of or addicted to any controlled substance;
8.4. Student has not been adjudicated as a mental defective and has not been committed to a mental institution;
8.5. Student is not an illegal or unlawful alien within the United States and except for 18 U.S.C. 922(y)(2), is not admitted to the United States under a nonimmigrant visa;
8.6. Student has not been discharged from the Armed Forces under dishonorable conditions;
8.7. Student has not renounced his or her United States citizenship;
8.8. Student is not subject to a court order that:
8.8.1. was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
8.8.2. restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
8.8.3. includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
8.8.4. by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
8.9. who has been convicted in any court of a misdemeanor crime of domestic violence.
The Student further agrees to promptly disclose any changes or updates to such information that may affect the provision or suitability of the Services.
9. Intellectual Property.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product, and other materials that are delivered to Student under this Agreement or prepared by or on behalf of Service Provider in the course of performing the Services shall be owned by Service Provider, and Student shall not acquire any right, title or interest therein or thereto.
10. Media Release and License.
By participating in any classes or activities provided by Service Provider, Student hereby grants to the Service Provider a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, distribute, display, perform, modify, and create derivative works of Student’s name, image, likeness, voice, and any photographs, videos, audio recordings, or other media capturing your participation (collectively, "Student’s Likeness") in any and all media now known or hereafter devised, for any purpose, including but not limited to advertising, marketing, promotional materials, social media, websites, training videos, and other commercial or non-commercial uses related to the Service Provider's business. Student waives any right to inspect or approve the use of Student’s Likeness and any associated materials, and Student releases the Service Provider from any claims, including but not limited to claims for invasion of privacy, right of publicity, defamation, or misappropriation, arising from such use. Student represents and warrants that he or she has the full right and authority to grant this license and that it does not infringe upon the rights of any third party. No additional compensation will be provided for this license. This clause survives the termination or expiration of this Agreement.
11. Entire Agreement.
This Agreement, including and together with any exhibits, schedules, documents, and attachments, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter; provided, however, that if Student or its agent or representative executes a Release and Waiver or a document having a similar name or the effect of releasing and/or waiving rights and claims related to the use of Service Provider’s range (a “Release Agreement”), then such Release Agreement shall continue in full force and effect and shall be independent of and in addition to, and not merged into or superseded by, this Agreement. In the event of any dispute between the provisions of this Agreement and the provisions of the Release Agreement, the provisions of the Release Agreement shall supersede and control the relations between the Parties.
12. Severability.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
13. Amendments.
No amendment to, modification, termination, or discharge of this Agreement is effective unless it is in a writing duly executed by an authorized representative of each Party.
14. Assignment.
Student shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the Student of any of its obligations under this Agreement.
15. Waiver.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
16. Relationship of the Parties.
Service Provider is and shall remain an independent contractor in its relationship with the Student. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
17. No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
18. Governing Law. 
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.
19. Submission to Jurisdiction.
Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the United States District Court, Eastern District of Tennessee located in the City of Knoxville and County of Knox or the courts of the State of Tennessee located in the City of Maryville and County of Blount, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. EACH OF THE PARTIES HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF, THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN.
20. Notices.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the parties at the addresses set forth in this Agreement or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving Party, and (b) if the Party giving the Notice has complied with the requirements of this Section.
If to Service Provider:
Smith & Wesson Inc.
1852 Proffitt Springs Rd.
Maryville, TN 37801
ATTN: Legal Department
swlegal@smith-wesson.com
21. Force Majeure.
No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Student to make payment to Service Provider hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, tornado, and other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond reasonable control of the Impacted Party.
22. Survival.
Any provision of this Agreement that, in order to give such provision its original intent and commonly understood meaning, must survive termination or expiration of this Agreement, will survive and remain in force after any termination or expiration of this Agreement. Without limiting the generality of the foregoing, all of the following provisions shall survive termination or expiration of this Agreement: Sections 3, 4, 5.2, 6, 7, 9-21.

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