AMERICAN CONSOLIDATED PROTECTION
1. This Membership Agreement (the “Agreement”) is between you and American Consolidated Protection (ACP). The Membership Plan selected together with this Agreement shall constitute the Membership Benefits provided by ACP to you the Member.
2. Terms and date. The services described herein shall be available to the Member once satisfactory payment is submitted for the specified Membership Plan. The term of this Agreement shall commence the date that payment is submitted and remain effective for 1 year from such date if the annual payment is chosen. The Membership Plan and this Agreement will automatically renew at the expiration of the one (1) year term for successive one (1) year terms unless terminated by either party. Membership Plans for month-to-month members will automatically renew each month. If payment is not received by the due date, the Membership Plan and all benefits will immediately terminate, unless renewed. There will be no Membership benefits during the time between Membership Plan termination and renewal.
3. Membership Plan Benefits:
a. If an ACP member is involved in a legal use of force incident, ACP will provide financial benefits to be used by the member for payment of legal fees, expert witnesses, investigators and other expenses deemed necessary by ACP. ACP IS NOT A LAW FIRM OR LEGAL SERVICE PROVIDER. ACP DOES NOT PROVIDE ANY LEGAL ADVICE, THUS THERE IS NO ATTORNEY CLIENT PRIVILEGE BETWEEN ACP AND ITS MEMBERS. If using a firearm or other weapon the Member must be in a place where the Member has the legal right to possess and use a legal firearm or weapon for “an act of self defense”;
b. Members will receive training materials and instruction via the ACP website. The training materials will be available to each Member as longs as their payments remain current.
4. Services and Benefits. The Membership Plan determines the services and benefits for each Member
5. Exclusions. The Membership Plan benefits are subject to the following exclusions:
a. The Member will not be eligible for any Membership Plan benefits if the Member is not current on his or her payment.
b. At any time, during a use of force with a firearm or weapon of opportunity, the Member must be in legal possession of a legal firearm or legal weapon of opportunity in a place the Member may legally possess such weapons. Services and benefits are excluded to the Member if the Member is not in legal possession of a weapon.
c. Membership Plan benefits exclude any acts of negligence. Membership Plan benefits also excludes the accidental discharge, use or display of a firearm or any other weapon or object.
d. Membership Plan benefits are excluded if the Member uses force while under the influence of any drugs or alcohol. Prior to any benefits or services being rendered, the Member may be subject to a drug or alcohol test by an independent testing facility, the results of which shall be held confidential between the Member and ACP and only used by ACP in determining a Member’s eligibility for payment. The Member acknowledges that the results of such test may void the right to services and benefits of the Membership Plan.
e. The Membership Plan specifically excludes benefits for any incident arising from a domestic dispute between a Member and his or her spouse, former spouse, family member or former family member.
f. The Membership Plan excludes benefits if the Member is acting within his or her employment capacity as a police officer, armed security guard or other occupation that requires or allows the Member to carry a firearm within their job duties. ACP materials are not to be used or substituted for training materials required for Members whose occupation requires the use of any weapon or self defense skill.
g. The Membership Plan excludes services and benefits if the Member uses force while acting in the commission of any crime by himself or herself or in conjunction with others.
6. Indemnification and Limitation of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, (I) ACP’s LIABILITY TO MEMBER FOR ALL CLAIMS, CAUSES OF ACTION, DAMAGES, DEMANDS, EXPENSES, FINES, LIABILITIES, AND PENALTIES FOR CLAIMS AGAINST ACP FILED BY MEMBER IS LIMITED TO THE ANNUAL FEE PAID BY MEMBER DURING THE CURRENT TWELVE (12) MONTHS AND (II) IN NO EVENT SHALL ACP BE LIABLE TO MEMBER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES, OR LOSS INCOME, EVEN IF FORESEEABLE OR ACP IS APPRISED OF SUCH DAMAGES, FOR ANY CAUSE OF ACTION, CLAIM, DEMAND, DAMAGE, EXPENSE, FINE, LIABILITY, OR PENALTY ARISING OUT OF THIS AGREEMENT. MEMBER FURTHER AGREES THAT THIS LIMITATION ON LIABILITY IS A BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT ACP WOULD NOT HAVE ENTERED INTO THIS TRANSACTION, ABSENT THE ABOVE MENTIONED LIABILITY LIMITATION. You agree to defend, indemnify, and hold harmless ACP, its employees, officers, directors, agents, and members, for any and all claims, causes of action, damages, demands, expenses, fines, liabilities, and penalties (including reasonable expert witness fees and attorneys’ fees) arising out of the negligent or reckless acts or omissions of the Member or Member’s breach of this Agreement.
7. Choice of Law. This Agreement shall be governed by the laws of the state of Oklahoma and will be subject only to the courts within the state of Oklahoma.
8. No Promises or Guarantees. It is expressly agreed and understood that NO PROMISES OR GUARANTEES as to the results or outcome of any training or legal matter or investigationl (past, current or future) are being made to the Member. Member also agrees that any negligent or intentional action, including the unintentional waiver of any rights granted under the Constitution of the United State can negatively affect the benefits provided under the Membership Plan and if the Member waives any such rights without prior consultation with an attorney, the Membership Plan may be null and void at ACP’s sole discretion.
1. Training and Education. Training and education materials including video, audio or printed materials are for use by each member according to their level of expertise and should always be performed with a certified trainer. Members agree to indemnify ACP for injuries or harm that results from training and educational information provided by ACP.
2. Legal Expense Benefits. ACP maintains relationships with attorneys nationwide and will coordinate the legal defense for any member that is involved in a self-defense situation. Members may hire an ACP recommended attorney or a Qualified Attorney. If a Member is not aware of the laws relating to the use of weapons or the laws of self defense within their state or municipality, they must contact a licensed attorney within their locality or contact ACP’s non-emergency number for a recommendation.
3. Bail Bond Protection. ACP will contract with a licensed bail bond service to pay up to Ten percent (10%) of the face value of a bond up to a maximum bond amount of Fifty Thousand Dollars ($50,000). ACP will select a licensed bail bond service of its choice. ACP and its affiliates are not a bond company and are not directly or indirectly responsible for any bond or surety.
4. Gun Replacement. If a Member’s gun is confiscated as a result of a legal self defense incident, ACP may at its own discretion and within the legal boundaries of the jurisdiction involved replace a Member’s gun. A replacement gun cost shall not exceed a retail value of Five hundred dollars ($500). If the authorities subsequently return the Member’s confiscated gun, the Member shall promptly return the gun provided by ACP.
5. Post Incident Grant. Following a legal self defense incident, ACP may provide up to Five Thousand Dollars ($5,000) of compensation to be used for eligible non-legal expenses. Expenses that will be eligible include but are not limited to; mental health counseling, clean up expenses, medical expenses related to injuries, funeral expenses and any other expenses that ACP deems to be prudent. ACP will not provide grants for general use. If a grant is requested the Member must complete a grant request form and provide the necessary documentation requested. ACP, at its own discretion, may provide payments directly to the provider of services and not the Member.
6. Minor Children. A Member who’s child or children (or legal dependent) under 18 years of age who permanently live with the Member are eligible for the same benefits as the Member if the minor child is involved in a legal self defense situation.
7. Income Support During Trial. If a Member is eligible for ACP benefits and goes to trial in a court of law for a legal self defense incident, ACP will provide Three Hundred Dollars ($300) per day for each day the member is in court up to a maximum of 10 days as support for lost wages and or compensation.