TODAY'S DATE:December 13, 2018
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 Ninjas United, LLC doing business as Ninjas United, host entities, and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members (collectively referred to as NU).
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 equipment, facilities and ninja obstacles, provided by NU and wherever located, including outdoor as well as indoor sites (the “Activity”) and that I may elect to immediately discontinue NU 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, blindness, hearing loss), drowning, paralysis, permanent disability, DEATH and property damage in addition to risks associated with most physical activities including fainting, shortness of breath, chest pain, sun exposure, 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 NU from any and all claims, demands or causes of action connected with Participants participation in this Activity, use of the equipment, obstacles, tools and facility which may arise from the acts or omission, other than any acts greater than ordinary negligence, of NU. In the event that NU incurs attorneys fees to enforce this agreement, Participant agrees to indemnify NU and to hold NU harmless for any such fees and associated 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 Participants participation in the Activity. Further, Participant grants consent to NU to seek medical attention in the event of an injury and that Participant will be responsible, not NU, for paying for any such care.
Participant grants NU the right to photograph, videotape, and/or record Participant and to forever use Participants 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 NU shall vest in and remain with NU.
Participant authorizes NU staff the right to administer life-saving/emergency care.
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 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 NINJAS UNITED AND THAT IT AFFECTS PARTICIPANTS LEGAL RIGHTS. PARTICIPANT IS SIGNING THIS DOCUMENT AT PARTICIPANTS ELECTION. PARTICIPANT AGREES TO BE BOUND BY THIS AGREEMENT. A COPY OF THIS AGREEMENT IS AUTHENTIC AND AS EFFECTIVE AS THE ORIGINAL.