TODAY'S DATE: December 4, 2020
I, the undersigned on behalf of myself, and if applicable, any child over whom I am a legal guardian that I have also named below (collectively referred to as "Participant"), desire to voluntarily participate in the activities and services provided by NUE, LLC doing business as Obstacle Academy and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members (collectively referred to as "NUE").
In consideration of my decision to participate, Participant represents and agrees that:
- Participant is physically fit to participate in the strenuous physical activity associated with health and fitness training, obstacle performance training and recreational use of the ninja obstacles (the "Activity") and that I may elect to immediately discontinue participation should I determine that I am no longer physically fit to participate in the Activity.
- Participant understands that the Activity is a potentially hazardous activity involving known and unanticipated inherent risks which could include, but is not limited to, physical injury (musculoskeletal injuries, broken bones, concussions, overuse injuries, cuts and bruises), drowning, paralysis, permanent disability, death and property damage in addition to risks associated with most physical activities including fainting, shortness of breath, chest pain, strokes, heart attack. Participant expressly accepts all risks associated with Participants participation in the Activity.
- Participant voluntarily releases, discharges, and agrees to indemnify and hold harmless NUE from any and all claims, demands or causes of action connected with Participants participation in this Activity, use of the equipment, obstacles and facility which may arise from the acts or omission, other than any acts greater than ordinary negligence, of NUE. In the event that Obstacle Academy incurs attorney's fees to enforce this agreement, Participant agrees to indemnify NUE and to hold NUE harmless for any such fees and associates costs.
- Participant has adequate health insurance and/or financial resources to cover the cost of any injuries or damages which Participant may suffer due to Participant's participation in the Activity. Further, Participant grants consent to NUE to seek medical attention in the event of an injury and that Participant will be responsible, not NUE, for paying for any such care.
- Participant grants NUE the right to photograph, videotape, and/or record Participant and to forever use Participant's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation and without compensation to Participant. All property rights to any photographs or video material produced or prepared by NUE shall vest in and remain with NUE.
- Participant agrees that in the event of litigation, that the laws of the state of Minnesota shall apply and the action shall take place in the state of Minnesota.
- Participant agrees that if a court finds any portion of this agreement void or unenforceable, the remaining portions shall remain in full force and effect.
Participant understands the novel corona-virus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. NUE has put in place preventative measures and protocols to reduce the spread of COVID-19; however, we cannot guarantee that Participant or Legal Guardian will not become infected with COVID-19. Further, attending any in-person NUE offering, could increase Participant's or Legal Guardian's risk of contracting COVID-19. By acknowledging this agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Participant and Legal Guardian may be exposed to or infected by COVID-19 by attending NUE, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at NUE may result from the actions, omissions, or negligence of myself and others, including, but not limited to, NUE employees, program participants, and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to Participant of Legal Guardian (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Participant or Legal Guardian may experience or incur in connection with Participant’s attendance at NUE. Participant hereby releases, covenants not to sue, discharges, and hold harmless NUE, its employees, representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of NUE, its employees, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any NUE program.
PARTICIPANT HAS CAREFULLY READ THIS PARTICIPATION AGREEMENT RELEASE, WAIVER OF LIABILITY & INDEMNIFICATION IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. PARTICIPANT MAY CONSULT WITH LEGAL COUNSEL PRIOR TO SIGNING IF PARTICIPANT CHOOSES TO DO SO. PARTICIPANT IS AWARE THAT THIS IS A LEGAL CONTRACT BETWEEN PARTICIPANT AND NUE AND THAT IT AFFECTS PARTICIPANT'S LEGAL RIGHTS. PARTICIPANT IS SIGNING THIS DOCUMENT AT PARTICIPANT'S ELECTION. PARTICIPANT AGREES TO BE BOUND BY THIS AGREEMENT. A COPY OF THIS AGREEMENT IS AUTHENTIC AND AS EFFECTIVE AS THE ORIGINAL.