LIVE FIRE SESSION & FL Conceal Weapons Safety Class Purchase Agreement
LIVE FIRE SESSION FL CWP Safety Class Purchase Agreement This Contract (this "Contract") is made effective as of date of purchase by and between NATURE COAST VENDING LLC, and you the purchaser/student. 1. DESCRIPTION OF SERVICES. Beginning on effective date, Nature Coast Vending LLC will provide to Student the following services (collectively, the "Services"): Live Fire Session to complete the Florida Concealed Carry Safety class and demonstrating the safe firing of a handgun. 2. PAYMENT. Payment shall online for the services described in this Contract. In addition to any other right or remedy provided by law, if Student fails to pay for the Services when due, Nature Coast Vending LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. Payment May also Include Discounts and Range Fees 3. WARRANTIES. Nature Coast Vending LLC shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Nature Coast Vending LLC's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Nature Coast Vending LLC on similar projects. 4. TERM. This Contract will terminate automatically upon completion by Nature Coast Vending LLC of the Services required by this Contract. 5. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in This is a RocketLawyer.com document. this Contract. 6. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 3 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 7. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 9. CONFIDENTIALITY. Nature Coast Vending LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Nature Coast Vending LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to Student. Nature Coast Vending LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. 10. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the This is a RocketLawyer.com document. addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for. 11. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties. 12. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties. 13. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 15. APPLICABLE LAW. This Contract shall be governed by the laws of the State of Florida.
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS In exchange for participation in the activity of Live Fire Session to complete the Florida Concealed Carry Safety class and demonstrating the safe firing of a handgun organized by NATURE COAST VENDING LLC of 4953 SW Carnation Ct, Dunnellon, Florida, 34431 and/or use of the property, facilities and services of NATURE COAST VENDING LLC, I, and purchaser/student ( agree for myself and (if applicable) for the members of my family, to the following: 1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by NATURE COAST VENDING LLC or the employees, representatives or agents of NATURE COAST VENDING LLC. 2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge NATURE COAST VENDING LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of NATURE COAST VENDING LLC, whether caused by the fault of myself, my family, NATURE COAST VENDING LLC or other third parties. 3. INDEMNIFICATION. I agree to indemnify and defend NATURE COAST VENDING LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of NATURE COAST VENDING LLC. 4. FEES. I agree to pay for all damages to the facilities of NATURE COAST VENDING LLC caused by any negligent, reckless, or willful actions by me or my family. 5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law. 6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that David Maynard has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event, any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY PURCHASING THIS LIVE-FIRE AGREEMENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.