Tucson PD officer Henry Fung reportedly volunteered to be tasered on Monday as part of his training. On Tuesday, sadly, Officer Fung died of a fatal heart attack. Before being tasered on Monday, he would have (likely) been made to sign the following Taser International waiver. To see the waiver in its entirety, please go to Taser International's site: http://www.taser.com/images/training/training-resources/downloads/11-5-31%20volunteer%20exposure%20release%20001.pdf
Volunteer Warnings, Risks, Liability Release and Covenant Not to Sue
I have no injuries, physical or mental conditions that could be aggravated by muscle contractions, physical exertion, stress, or exposure to the electrical discharge of TASER ECDs.
I have the following pre-existing physical or mental conditions/injuries that could be aggravated by the TASER ECD Exposure: _________________________________
I freely and voluntarily agree to be exposed to the electrical discharge of the TASER ECD under the following conditions: _____________________________
1. I understand that a TASER ECD Exposure results in strong muscle contractions, physical exertion, and stress and involves the risk of physical or other injury. I acknowledge that I have read the above Warnings and Risks and current TASER ECD warnings and with full knowledge of such risks, I voluntarily agree to experience a TASER ECD Exposure and I assume all risks, whether known or unknown, foreseen or unforeseen, inherent in the TASER ECD Exposure.
2. Intending that this form be legally binding upon me, my heirs, executors, administrators, and assigns, I hereby waive, release, and forever discharge the instructor, the TASER distributor, my agency and employer, TASER and all of its agents, directors and employees of and from any and all claims, demands, rights and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown physical and mental injuries and consequences thereof, whether foreseen or unforeseen, suffered by me from any TASER ECD Exposure. I specifically waive any statutory rights I may have regarding the release of known or unknown claims.
3. I further agree that neither I nor my heirs, estate, personal representative, nor any other person or entity will ever institute any action, litigation or suit at law or in equity against the instructor, the TASER distributor, my agency and employer, TASER and all of its agents, directors and employees for any damages, costs, loss or injury arising out of any and all activities related to and including any TASER ECD Exposure.
4. I further agree to indemnify and save harmless the instructor, the TASER distributor, my agency and employer, TASER and all of its agents, directors and employees from all liability, loss, costs and obligation of any and every kind on account of or arising out of any injuries or losses incurred by me, however occurring, arising out of any and all activities related to and including any TASER ECD Exposure.
5. In signing this form, I agree that I have read and understand this entire form; I affirm that I am competent to agree to, sign, and be bound by this form; I understand that it is a promise not to sue and a release and indemnity for all claims; I further understand that by signing this form I am giving up certain legal rights including the right to recover damages in case of injury; and I agree to abide by the terms and conditions of this form.
6. This release does not release any rights I may have under Workers’ Compensation Laws. I waive any Workers’ Compensation subrogation rights against TASER. I agree that any recoveries under Workers’ Compensation Laws do not change, extend or enlarge the waivers and protections inherent in this agreement.