Today's Date: December 8, 2019,
In consideration of my Minor Child being permitted to enter the premises, use the facilities, obstacles, related equipment and/or observe or participate in any way in FLIP SIDE NINJA PARK, LLC (“Flip Side Ninja Park”) programs, events or activities whether on or off the premises (“Activity”), I, for myself and my Minor child, my heirs, estates, executors, representatives, administrators and assignees:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and I understand my Minor Child’s experience and capabilities and believe my Minor Child to be qualified, in good health, and in proper physical condition to participate in such Activity and do not know of any condition or reason my Minor Child should not participate in the Activity. I further agree and warrant that if, at any time, I or my Minor Child believes the conditions to be unsafe, my Minor Child will immediately discontinue further participation in the Activity.
2. AGREE that my Minor Child’s safety is primarily my own responsibility. I agree to make sure that my Minor Child knows how to safely participate in the Activity. My Minor Child agrees to observe any rules and practices that may be employed to minimize the risk of injury and agrees to stop and seek assistance if he/she does not believe he/she can safely continue, to limit his/her participation to reflect his/her personal fitness level, and to refrain from any and all actions that would pose a hazard to himself/herself or others.
3. FULLY UNDERSTAND that:
(a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR DISABILITY, PARALYSIS, AND DEATH (“Risks”) and while particular rules, equipment, and personal discipline may reduce these Risks, these Risks of serious injury do exist; (b) These Risks and dangers may be caused by my Minor Child’s own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place and/or THE NEGLIGENCE OF THE RELEASEES; (c)There may be OTHER RISKS and/or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
4. RECOGNIZE AND ACKNOWLEDGE THAT FLIP SIDE NINJA PARK, LLC DOES NOT CARRY ANY TYPE OF ACCIDENT OR HEALTH INSURANCE POLICY ON THE PARTICIPANTS IN THE ACTIVITY and that injuries can be catastrophic for those without proper medical coverage.
5. KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I or my Minor Child incurs as a result of my Minor Child’s participation in the Activity.
6. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE FLIP SIDE NINJA PARK, LLC, its affiliates, owners, directors, agents, officers, managers, partners, members, volunteers, employees, other participants, and its attorneys (“Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY MINOR CHILD’S ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY ARKANSAS LAW, INCLUDING NEGLIGENT RESCUE OPERATIONS; I FURTHER AGREE that if, despite this WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I, my Minor Child, or anyone on my Minor Child’s behalf, make a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim; AND I FURTHER AGREE that all disputes arising out of, relating to, or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be finally resolved by arbitration, with the place of arbitration being Benton County, Arkansas, and the cost of said arbitration being my full responsibility.
I ACKNOWLEDGE THAT I AM AGE 18 OR OLDER, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I, FOR MYSELF AND MY MINOR CHILD, INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.