SHOES ARE REQUIRED FOR ALL PARTICIPANTS
ALL PARTICIPANTS MUST BE 5 YEARS OR OLDER
In consideration of the services of Conquer Athletics LLC, Conquer Ninja Warrior Woodbury LLC, Conquer Ninja Warrior Burnsville, LLC, Blaine Ninjas LLC, Conquer Rigging LLC, Conquer Franchising LLC, Four Ninjas Fargo LLC, Conquer Ninja Arizona LLC, Conquer Ninja Arizona Scottsdale LLC, Finish Line Wellness Group LLC, MTC Fitness LLC their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "CQ"), I hereby agree to release, indemnify, and discharge CQ, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in ninja warrior gym training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; collision with fixed objects or people; falling from equipment; muscular strains and tears, sprains, cuts, bruises, fractured bones, and nerve damage; muscle soreness; musculoskeletal injuries including head, neck, and back; injuries to internal organs; rope bums; pinches, scrapes, twists and jolts that could result in scratches, lacerations, concussions, or even more severe life threatening hazards; dehydration; the failure to participate safely or within one's own ability or within designated area; the negligence of other participants or persons who may be present; emotional and psychological injuries; transmissible pathogens or diseases; my own physical condition, and the physical exertion associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense.
Furthermore, CQ personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CQ from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of CQ's equipment or facilities, including any such claims which allege negligent acts or omissions of CQ.
4. Should CQ or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against CQ, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. MEDIA RELEASE. I grant CQ and its representative representatives and agents the right to take photographs, video, film and /or audio of me at the CQ location ("Media"), and hereby grant CQ permission to the rights of my image, likeness and use of my voice and all Media without payment or promise of any other consideration. I understand that my image may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. I agree that CQ may use such Media with or without my name, for any lawful purpose, and without further consideration, including for example, publicity, illustration, advertising, marketing and electronic content and campaigns. I acknowledge the right of CQ to crop, edit and use the Media at its discretion. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. By signing below, I understand this permission signifies that the Media may be electronically displayed via the Internet or in the public setting including advertising and promotional purposes. I acknowledge by signing this release, I give up all claims of ownership, income, editorial content, and use of the resulting Media, and assign all copyright ownership to CQ. I also release CQ for any claims or liabilities whatsoever relating to the Media or the use thereof. I acknowledge there is no time limit on the validity of this release nor is there any geographic limitation on where the Media materials may be distributed.
8. CONSENT TO NOTICES, OFFERS, AND OTHER COMMUNICATIONS. CQ or its authorized designees may contact me via telephone, email, text message or other means from time to time for the purpose of notifying me of issues related to my customer account or billing information or for payment processing issues or special offers. By providing CQ with my contact information and signing this agreement, I give my prior express written consent to receive from CQ or its authorized delegate at any address, email address, or phone number provided to it: (1) membership and billing-related communications, and (2) offers, promotions, and marketing or other forms of communication to my email address and / or mobile phone number listed above, via automated technology, during or after termination of this agreement. This consent is not a condition of purchasing any goods or services from CQ, and I may opt out of this consent by contacting the CQ location which I am a customer, or as may be instructed in the communication. Data and usage charges may apply.