CAN YOU MASTER THE LIGHTNING?
Axon Enterprise, Inc. (Axon) TASER energy weapon exposures are physically strenuous and there is a risk of personal injury. BEFORE participating in any TASER energy weapon voluntary exposure, each participant MUST read the most current TASER energy weapon warnings and read and sign this form. This document incorporates all current TASER energy weapon warnings by reference, which can be found at www.axon.com. This document is effective March 1, 2023, and supersedes all prior revisions.
Important Safety and Health Information
Axon Enterprise, Inc. (Axon) TASER energy weapon exposures are physically strenuous and there is a risk of personal injury. BEFORE participating in any TASER energy weapon voluntary exposure, each participant MUST read the most current TASER energy weapon warnings and read and sign this form.
This document incorporates all current TASER energy weapon warnings by reference, which can be found at www.axon.com. This document is effective March 1, 2023, and supersedes all prior revisions.
IMPORTANT SAFETY AND HEALTH INFORMATION
Read, understand, and follow all current instructions, warnings, and relevant TASER training materials before experiencing an energy weapon exposure. Failure to do so could increase the risk of death or serious injury to the volunteer, instructor, participants or others. Always follow all current instructions, warnings, and TASER training materials to minimize energy weapon risks.
ENERGY WEAPON EXPOSURES
Voluntary Exposures. Energy weapon exposures must be limited to a single exposure not exceeding 5 seconds and be performed in accordance with Axon’s guidelines and by a Certified TASER Instructor.1
Probe Deployments to Back Only. Cartridge deployed probes must be to the back of the torso or back of the legs only.
Spotters. All persons taking an energy weapon exposure must be properly supported by spotters to prevent falls unless lying down on a mat. Each spotter must hold the person and support the arm under the armpit to prevent arm or shoulder injuries.
Eye Protection. Eye protection is required for the energy weapon operator, observers, spotters and the person being exposed to any probe deployment during ALL times.
No Minors. No minor will be exposed to a TASER energy weapon as part of a training course, demonstration, or otherwise.
SAFETY INFORMATION: ENERGY WEAPON RISKS AND RISK AVOIDANCE Muscle Contraction or Strain-Related Injury. Energy weapons in probe-deployment mode can cause muscle contractions that may result in injury, including bone fractures. Energy weapons in probe-deployment mode can cause muscle contractions resulting in injuries similar to those from physical exertion, athletics, or sports, including hernia rupture, dislocation, tear, or other injury to soft tissue, organ, muscle, tendon, ligament, cartilage, disc, nerve, bone, or joint; or injury or damage associated with or to orthopedic or other hardware. Fractures to bone, including compression fracture to vertebrae, may occur. These injuries may be more serious and more likely to occur in people with pre-existing injuries, orthopedic hardware, conditions or special susceptibilities, including pregnancy; low bone density; spinal injury; or previous muscle, disc, ligament, joint, bone, or tendon damage or surgery. Such injuries may also occur in drive-stun applications or when a person reacts to the energy weapon deployment by making a rapid or unexpected movement.
Secondary Injury. The loss of control resulting from an energy weapon exposure may result in injuries due to a fall or other uncontrolled movement. When possible, avoid using an energy weapon when secondary injuries are likely.
Seizure. Repetitive stimuli (e.g., flashing light or electrical stimuli) can induce seizure in some people, which may result in death or serious injury. This risk may be increased in a person with epilepsy, a seizure history, or if electrical stimuli pass through the head. Emotional stress and physical exertion, both likely in incidents involving energy weapon and other uses of force, are reported as seizure precipitating factors.
Fainting. A person may experience an exaggerated response to an energy weapon exposure, or threatened exposure, which may result in fainting or falling. Muscle contraction, incapacitation, or startle response. Energy weapon use may cause loss of control from muscle contraction, incapacitation, or startle response.
Cumulative Effects. Energy weapon exposure causes certain effects, including physiologic and metabolic changes, stress, and pain. In some individuals, the risk of death or serious injury may increase with cumulative energy weapon exposure. Repeated, prolonged, or continuous energy weapon applications
1 A Certified TASER Instructor is not an Axon agent, but maintains a current TASER instructor certification and complies with Axon’s most current training requirements, materials and license agreement.
may contribute to cumulative exhaustion, stress, cardiac, physiologic, metabolic, respiratory, and associated medical risks which could increase the risk of death or serious injury. Minimize repeated, continuous, or simultaneous exposures. Physiologic and Metabolic Effects. Energy weapon use causes physiologic and/or metabolic effects that may increase the risk of death or serious injury. These effects include changes in blood chemistry, blood pressure, respiration, heart rate and rhythm, and adrenaline and stress hormones, among others. In human studies of electrical discharge from a single energy weapon of up to 15 seconds, the effects on acid/base balance, creatine kinase, electrolytes, stress hormones, and vital signs were comparable to or less than changes expected from physical exertion similar to struggling, resistance, fighting, fleeing, or from the application of some other force tools or techniques. Some individuals may be particularly susceptible to the effects of energy weapon use. These susceptible individuals include the elderly, those with heart conditions, asthma or other pulmonary conditions, and people suffering from excited delirium, profound agitation, severe exhaustion, drug intoxication or chronic drug abuse, and/or over-exertion from physical struggle. In a physiologically or metabolically compromised person, any physiologic or metabolic change may cause or contribute to sudden death.
Stress and Pain. Energy weapon use, anticipation of use, or response to use can cause startle, panic, fear, anger, rage, temporary discomfort, pain, or stress which may be injurious or fatal to some people.
Minimize the number and duration of energy weapon exposures. Most human energy weapon lab testing has not exceeded 15 seconds of energy weapon application, and none has exceeded 45 seconds. Use the shortest duration of energy weapon exposure objectively reasonable to accomplish lawful objectives, and reassess the subject’s behavior, reaction, and resistance before initiating or continuing the exposure. If an energy weapon deployment is ineffective in incapacitating a subject or achieving compliance, consider alternative control measures in conjunction with or separate from the energy weapon. Avoid simultaneous energy weapon exposures. Do not use multiple energy weapons or multiple completed circuits at the same time without justification. Multiple energy weapons or multiple completed circuits at the same time could have cumulative effects and result in increased risks.
Avoid touching probes/wires during energy weapon discharge. Controlling and restraining a subject during energy weapon exposure may put the energy weapon operator and those assisting at risk of accidental or unintended shock. Avoid touching the probes and wires and the areas between the probes during the electrical discharge.
Cardiac Capture. Energy weapon exposure in the chest area near the heart has a low probability of inducing extra heart beats (cardiac capture). In rare circumstances, cardiac capture could lead to cardiac arrest. When possible, avoid targeting the frontal chest area near the heart to reduce the risk of potential serious injury or death. Cardiac capture may be more likely in children and thin adults because the heart is usually closer to the energy weapon-delivered discharge (the dart-to-heart distance). Serious complications could also arise in those with impaired heart function or in those with an implanted cardiac pacemaker or defibrillator.
Use preferred target areas. The preferred target areas are below the neck area for back shots and the lower center mass (below chest) for front shots. The preferred target areas increase dart-to-heart distance and reduce cardiac risks. Back shots are preferable to front shots when practicable.
Avoid sensitive areas. When practicable, avoid intentionally targeting the energy weapon on sensitive areas of the body such as the face, eyes, head, throat, chest area (area of the heart), breast, groin, genitals, or known pre-existing injury areas. SAFETY INFORMATION: INJURY OR INFECTION
Eye Injury Hazard. A TASER probe, electrode, or electrical discharge that contacts or comes close to an eye can result in serious injury, including permanent vision loss. DO NOT intentionally aim an energy weapon, including the LASER, at the eye of a person or animal without justification. Probe or Electrode Injury, Puncture, Scarring, or Infection Hazard. Energy weapon use may cause a permanent mark, burn, scar, puncture, or other skin or tissue damage. Infection could result in death or serious injury.
Representations inconsistent with this document made by any Certified TASER Instructor are expressly disclaimed.
March 1, 2023Axon, Protect Life, © and TASER are trademarks of of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2023 Axon Enterprise, Inc. Page 1 of 2
Volunteer: Warnings, Risks, Release & Indemnification Agreement
(For use with any TASER Energy Weapon exposure that is not part of TASER Energy Weapon Training)
Scarring risk may be increased when using an energy weapon in drive-stun mode. Increased skin irritation, abrasion, mark, burning, or scarring may occur with an energy weapon with multiple cartridge bays when used in drive-stun or three-point deployment modes.
Penetration Injury. The TASER probe has a small dart point which may cause a penetration injury to a blood vessel or internal organ, including lung, bone, or nerve. The probe or dart point (which may detach or break) can puncture or become embedded into a bone, organ, or tissue, which may require immediate medical care, surgical removal, or may result in scarring, infection, or other serious injury.
SAFETY INFORMATION: ENERGY WEAPON DEPLOYMENT AND USE Energy weapons and cartridges are weapons, and as with any weapon follow safe weapon-handling practices and store your energy weapon securely. Significant differences exist between different TASER energy weapon
models. Before using any energy weapon, including a multi-shot energy weapon, ensure you understand the functioning and effects of that model. Follow practices in Axon’s TASER warnings and training materials. Failure to follow the warnings may result in death or serious injury to the operator or others.
Confusing Handgun with Energy Weapon. Confusing a handgun with an energy weapon could result in death or serious injury. Learn the differences in the physical feel and holstering characteristics between your energy weapon and
your handgun to help avoid confusion. Always follow your agency’s Guidance and training, if applicable.
SAFETY INFORMATION: ENERGY WEAPON EFFECTIVENESS Subject Not Incapacitated. An ineffective energy weapon application could increase the risk of death or serious injury to the operator, the subject, or others. If an energy weapon does not operate as intended or if subject is not incapacitated, disengage, redeploy the energy weapon, or use other force options. An energy weapon’s effects may be limited by many factors, including absence of delivered electrical charge due to misses, clothing disconnect, intermittent connection, or wire breakage; probe locations or spread; subject’s muscle mass; or movement. Some of the factors that may influence the effectiveness of energy weapon use in effecting or achieving control of a subject include:
Subject may not be fully incapacitated. Even though a subject may be affected by an energy weapon in one part of his body, the subject may maintain full muscle control of other portions of his body. Be prepared in case the subject is not fully incapacitated.
Subject may recover immediately. A subject receiving an energy weapon discharge may immediately regain physical or cognitive abilities upon cessation of the delivered energy weapon discharge. Be prepared in case the subject immediately recovers.
Drive-stun mode is for pain compliance only. The use of a handheld energy weapon in drive-stun mode is painful, but generally does not cause incapacitation. Drive-stun use may not be effective on emotionally disturbed persons or others who may not respond to pain due to a mind-body disconnect. Avoid using repeated drive-stuns on such individuals if compliance is not achieved.
SAFETY INFORMATION: GENERAL PRECAUTIONS
Unintentional Energy Weapon Deployment or Discharge Hazard. Unintentional energy weapon activation or unexpected cartridge discharge could result in death or serious injury to the operator, subject, or others. Avoid static electricity. Keep cartridge away from sources of static electricity. Static electricity can cause an energy weapon or standard cartridges to discharge unexpectedly, possibly resulting in serious injury.
Keep body parts away from front of energy weapon or cartridge. Always keep your hands and body parts away from the front of the energy weapon and cartridge. If the energy weapon discharges unexpectedly you could be injured.
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IF YOU HAVE A CONDITION OR PRE-EXISTING INJURY THAT COULD BE AGGRAVATED BY RECEIVING AN ENERGY WEAPON EXPOSURE, NOTIFY THE INSTRUCTOR AND DO NOT PARTICIPATE.
LIABILITY RELEASE & INDEMNIFICATION AGREEMENT
LIABILITY RELEASE & INDEMNIFICATION AGREEMENT In consideration of, and as a condition precedent to, receiving information on TASER products and an energy weapon Exposure; I acknowledge and agree as follows:
I have read, fully understand and accept the risks. I have read, fully understand, and accept the risks as stated in this document and Axon’s current TASER warnings (“Risks”) and that these Risks exist whether or not I have pre existing injuries. With full knowledge of the Risks, I voluntarily agree to receive an energy weapon exposure.
I accept the Risks. Understanding the Risks, I assume all Risks inherent in the energy weapon exposure, whether known or unknown, foreseen or unforeseen. Release and hold harmless. I release and hold harmless Axon, its agents, officers, directors, employees, distributors, my instructor, and my employer (collectively “Released Parties”), from any and all claims, including but not limited to, claims for strict liability, breach of warranty, failure to warn, or any other theory of liability whatsoever even if due to the NEGLIGENCE or GROSS NEGLIGENCE of the Released Parties. I specifically waive any statutory rights I may have regarding the release of unknown claims.
I agree no one will sue Released Parties. I promise that neither I nor anyone on my behalf will ever sue or bring any other legal action or claim against the Released Parties for anything related to my TASER energy weapon voluntary exposure.
I will fully indemnify (reimburse) all costs of Released Parties. I further agree that if I or anyone else files any claim against any Released Party arising out of my TASER energy weapon exposure in violation of this agreement, I will defend, indemnify and reimburse the Released Parties for any judgment, court costs, expenses, and reasonable expert and attorney fees regardless of who prevails.
Workers’ Compensation Rights. This release does not waive any rights I may have under Workers’ Compensation Laws. However, I waive any Workers’ Compensation subrogation rights against the Released Parties and agree to defend and indemnify Axon against any and all claims that may be brought against it by my employer. I agree that any recovery under Workers’ Compensation Laws does not change, extend or enlarge the waivers and protections inherent in this agreement.
This agreement supersedes any other representation. This release supersedes any other statement, agreement or representation, written or oral, concerning my TASER energy weapon exposure. I affirm that this is my entire agreement with Axon and I am not relying on any representation by my instructor or employer inconsistent with Axon’s TASER warnings and the Risks set forth in this document.
This agreement is a binding contract. I intend this form be legally binding upon me, my heirs, executors, administrators, attorneys and assigns. This agreement is contractual and not a mere recital. If any part of this agreement is held vague, invalid, or otherwise unenforceable, the rest of the agreement will continue in full force and effect.
I am competent to be bound by this agreement. I affirm that I am competent to enter into and be bound by this agreement; that I have read and understand this Liability Release & Indemnification Agreement in its entirety; that I have not been induced to sign this agreement by any promise or representation; and that I sign it voluntarily and of my own free will. By signing below I understand that I am giving up certain legal rights, including the right to recover damages in case of injury.
This completed, signed form shall be retained by the agency performing the voluntary exposure for at least 10 years.
Agencies may opt to retain the form longer than this time frame as deemed necessary. Questions should be directed to legal@axon.com
APPEARANCE AND MATERIALS RELEASE
In consideration of Participant’s opportunity to participate in Axon’s “Thor’s Hammer Challenge” and other good and valuable consideration (the receipt and sufficiency of which Participant and Axon hereby acknowledge), the individual named below (“Participant”) hereby grants Axon Enterprise, Inc., a Delaware corporation, and its licensees, successors, assigns and affiliates (collectively, “Axon”), the worldwide, irrevocable, exclusive, royalty-free, perpetual, transferable, sublicensable, and assignable right and license to reproduce, print, publish, broadcast, modify, edit, exhibit, transmit exploit, sell, license, rebroadcast, make derivatives of, record, photograph, identify, or otherwise use, and permit others to use, Participant's image, picture, audio, video, name, voice, biographical information, and testimonial statements, and all materials created by Axon that incorporate any of the foregoing (collectively, "Subject Matter") in connection with advertising, publicity, or promotion of Axon or the Thor’s Hammer Challenge, in any and all media formats and by any and all technologies and means of delivery, on any platform, including Axon-owned and operated social media accounts (such as YouTube and other online video and social networking services), websites, and streaming services. Participant understands and agrees that Axon may use the Subject Matter immediately following Participant’s participation in the Thor’s Hammer Challenge, without any obligation to provide Participant with prior notice, inspection, or approval of any such use, and without any further compensation
Participant irrevocably waives, to the fullest extent permitted under applicable U.S. law, any claim to moral rights or droit moral (including any right of attribution or integrity), now or hereafter recognized, in the Subject Matter or in any works that incorporate the Subject Matter.
Participant acknowledges that Axon may collect, store, and use Participant’s personal information (including image, voice, and biographical details) in accordance with Axon’s Global Privacy Notice available at https://www.axon.com/legal/privacy-policy. Participant understands and agrees that such processing is reasonably necessary for Axon’s legitimate business purposes, including advertising and promotion, and consents to Axon’s use and disclosure of that information as described in the Privacy Notice, including for residents of California under the California Consumer Privacy Act (CCPA).
For the avoidance of doubt, Participant shall have no right to compensation in connection with Axon's use of the Subject Matter. Axon has no obligation to use the Subject Matter or to exercise any rights granted under this Agreement. Participant agrees that Axon is and will be the sole and exclusive owner of all right, title, and interest in all materials created by Axon that incorporate any of the Subject Matter (including, without limitation, all film, photographs, and other recordings), including, without limitation, all copyrights and other intellectual property rights therein, in perpetuity throughout the world.
Participant represents and warrants that Participant (a) has full right, power, and authority to enter into this Agreement; (b) is not a member of SAG-AFTRA or any other performers’, musicians’, or broadcasters’ union, or, if a member, that the appearance authorized by this Agreement is a non-covered activity that does not trigger union jurisdiction, residuals, or other guild payments; (c) is not bound by any employment, endorsement, agency, confidentiality, or similar agreement that would conflict with, limit, or impair the rights granted to Axon; and (d) requires no consent of any third party to enable Axon to exercise the rights granted herein, and such exercise will not infringe the rights of any third party.
Participant (a) shall hold harmless Axon and its employees, and agents from any and all claims, actions, damages, liabilities, and expenses arising out of Participant’s breach of this Agreement or representations and warranties made hereunder, (b) hereby waives all rights related to any and all claims arising from Axon's use of the Subject Matter, including, without limitation, any claims based on copyright, right of privacy, invasion of privacy, or libel, (c) covenants not to bring any such claim against Axon, and (d) releases and discharges Axon from liability under such claims. Participant further waives any right to inspect or approve the Subject Matter or any finished product, advertisement, or other material in which the Subject Matter may be used.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-law principles. The state and federal courts located in Maricopa County, Arizona shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and Participant consents to personal jurisdiction and venue in those courts. Participant acknowledges that a breach of this Agreement would cause Axon irreparable harm for which monetary damages would be inadequate and agrees that Axon shall be entitled to seek injunctive or other equitable relief without the necessity of posting bond.
This Agreement contains the full and complete understanding between the parties hereto and supersedes all prior agreements and understandings pertaining hereto and cannot be modified except by a writing signed by each party hereto. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, Axon and Participant have duly executed this Agreement as of the date last signed below.
I am of the age of 18 or older and have the right to contract in my own name with respect to this Agreement. I understand that this Agreement does not obligate Axon to make any use of any of the rights granted in this Agreement.