In consideration of being permitted to participate in any classes, training, events and/or activities being offered by, through or in conjunction with Ninja Intensity LLC, a Colorado limited liability company located at 2275 Manatt Ct, Castle Rock CO 80104 (“Ninja Intensity”), I, on behalf of my child, hereby recognize, appreciate and acknowledge that: (i) ninja warrior training, martial arts training, calisthenics, tricking, strength training, plyometrics, competitions, events and other activities related to the foregoing involves activities that are physically, mentally and emotionally demanding and may be violent; (ii) my child’s participation in such activities may result in serious bodily injury, including permanent disability, paralysis or death; (iii) such injuries may not be due to my child’s actions, but may arise from the action, inaction or negligence of others, the rules governing participation, the conditions of the premises or the equipment used; (iv) in addition to bodily injuries or death, participation in the activities offered by Ninja Intensity, there is a risk of economic and/or social damages arising from such bodily injuries; and (v) that there may be other risks that are not known to me, my child or to others that are not reasonably foreseeable at this time.
Now, therefore, in consideration of the above, I, for myself, my child and for our respective successors, heirs and assigns, hereby:
1. Voluntarily and knowingly assume all of the risks of participating in the classes, training, events and activities offered by Ninja Intensity;
2. Knowingly and voluntarily waive, release and forever discharge Ninja Intensity and its officers, directors, employees, members, shareholders, partners, affiliates, agents, successors and assigns (collectively, “Ninja Intensity Affiliates”) from any and all liabilities, manner of action, causes of action, suits, debts, obligations, sums of money, covenants, contracts, agreements, promises, damages, costs, expenses, claims and demands whatsoever, whether based on a tort, contract, statutory or other theory of recovery and whether for compensatory, punitive, statutory or other forms of damage or relief, and whether derivative or direct, legal or equitable, known or unknown, which I, my child or our respective heirs, successors or assigns, ever had or now has or hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever and in all capacities whatsoever, including, without limitation, any of the foregoing relating to or in any way arising from my participation in any classes, training, events and/or activities offered by Ninja Intensity.
3. Agree not to initiate, assign, maintain, prosecute or otherwise participate or assist in, benefit from, finance, support, maintain or pursue any action, claim, demand, cause of action or proceeding (whether at law or otherwise) against Ninja Intensity or any Ninja Intensity Affiliate to the extent such action, claim, demand, cause of action or proceeding is, directly or indirectly, derived from, related to or otherwise to any claims released above.
4. Shall indemnify and hold harmless Ninja Intensity and all Ninja Intensity Affiliates from any and all liabilities or claims arising as a result of my participation in any classes, training, events and/or activities offered by Ninja Intensity. Including any such claims which allege negligent act or omissions of Ninja Intensity Affiliates.
5. This is an active gym, if you are bringing children into this facility that are not enrolled and participating in a class it is your responsibility to watch them and ensure their safety. Only enrolled and active participants are authorized to use the obstacles and equipment in this facility.
6. 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.
7. Acknowledge that, in the case of an injury, accident or emergency arising from my participation in the classes, training, events and activities offered by Ninja Intensity, medical treatment (including emergency medical treatment) may be required. In the event I lack the capacity to make an informed decision regarding such medical treatment (for whatever reason), I hereby consent to receive medical treatment (including emergency medical treatment) which may be deemed advisable when considering the facts and circumstances giving rise to the need for such medical treatment and, to the maximum extent permitted by law, waive any actions, claims or demands I may have (whether at law or otherwise) arising from such medical treatment.
8. Grant permission to Ninja Intensity, its agents and assigns, to, without compensation or payment, photograph, video tape, record or interview me when participating in those classes, training, events and/or activities provided by or through Ninja Intensity. I, for myself and my child, further grant to Ninja Intensity unrestricted permission for such images, videos, and recordings of me to be used in print, video, digital and internet media and waive any right to inspect the uses of any printed or electronic copy. I, for myself and my child, agree that these images and/or voice recordings may be edited and used for a variety of purposes and that these images may be used without further notifying me or my child. I, for myself and my child, further give to Ninja Intensity, without compensation or payment, all right, title and interest that I or my child may have, if any, in all finished pictures, negatives, reproductions, and copies of the original print, and further grant to Ninja Intensity the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof for marketing, communications or advertising purposes.
9. Release Ninja Intensity and its agents and assigns from any claims that may arise from these uses, including without limitation claims of defamation or invasion of privacy, or of infringement of moral rights or rights of publicity or copyright.
10. Ninja Intensity has put in place preventative measures to reduce the spread of COVID-19; however, Ninja Intensity cannot guarantee that you or your child(ren) will not become infected with COVID-19.
By signing below, the undersigned, for themselves and on behalf of their child, represents and warrants that they have read and fully understand the statements made above and voluntarily signs this Accident Waiver, Release of Liability, Indemnity and Media Release (this “Instrument”). The undersigned, for themselves and on behalf of their child, further agrees that no oral representations, warrants, statements, or agreements, apart from this Instrument, have been made to them. This Instrument is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. If any portion is held invalid, it is agreed the laws of the State of Colorado shall govern.
Date: October 24, 2020