Flip Side Ninja Park, LLC and its Affiliated Entities

Waiver and Release of Liability

Today's Date: October 29, 2024, 

In consideration of being permitted to enter the premises, use the facilities, and allowed to participate in activities related to entertainment and fitness, including but not limited to open gym use, group classes, summer camp, obstacle races, ninja competitions, and private lessons, and/or observe or participate in any way in FLIP SIDE NINJA PARK, LLC (“Flip Side Ninja Park”) and its affiliated entities including FLIP SIDE LOWELL, LLC, FLIP SIDE FAYETTEVILLE, LLC, and FLIP SIDE CREATIONS, LLC (collectively referred to as “Affiliated Entities” programs, events or activities whether on or off the premises (“Activity”), I, for myself, my heirs, estates, executors, representatives, administrators and assignees:

1.  ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity and do not know of any condition or reason I should not participate in the Activity. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity. I agree to allow Flip Side Ninja Park and its Affiliated Entities to use any pictures or video taken of me participating in activities for social media posts or advertising.

2.  AGREE that my safety is primarily my own responsibility. I agree to make sure that I know how to safely participate in the Activity, and I agree to observe any rules and practices that may be employed to minimize the risk of injury. I agree to stop and seek assistance if I do not believe I can safely continue, to limit my participation to reflect my personal fitness level, and to refrain from any and all actions that would pose a hazard to myself or others.

3.  AGREE that I have read the CONCUSSION INFORMATION SHEET as required by the Arkansas Activities Association (AAA) and understand what a concussion is and how it may be caused. I understand the importance of reporting a suspected concussion to my coaches and my parents/ guardian. I agree that if it appears that I may have sustained a concussion or head injury that I am to be removed from any program activity until such time that a trained medical professional can examine me and approve my return to play in the activity, pursuant to the AAA relating to concussion and other head injuries. In such case, I understand that I am to provide written clearance from a trained medical professional for me to return to play in the activity.

4.  FULLY UNDERSTAND that:

(a)THIS ACTIVITY INVOLVES RISKS AND DANGERS connected with activities related to entertainment and fitness, including but not limited to open gym use, group classes, summer camp, obstacle races, ninja competitions, and private lessons, and I elect to voluntarily participate in the activity, and to engaged in such entertainment and fitness knowing that the activity may be hazardous to myself and/or my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY for any risks of loss, property damage or personal 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 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.

5.  RECOGNIZE AND ACKNOWLEDGE THAT FLIP SIDE NINJA PARK, LLC and its Affiliated Entities 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. 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.  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 incur as a result of my participation in the Activity.

7.  HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE FLIP SIDE NINJA PARK, LLC, and its Affiliated Entities, owners, directors, agents, officers, managers, partners, members, volunteers, employees, other participants, and its attorneys (“Releasees”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, ACTIONS AND CAUSES OF ACTION (WHETHER KNOWN OR UNKNOWN), OR DAMAGES ON MY ACCOUNT ARISING IN ANY WAY OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING PERMANENT DISABILITY OR DEATH, THAT MAY BE SUSTAINED BY MYSELF OR MY PROPERTY, CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, WHILE PARTICIPATING IN SUCH ACTIVITY, OR WHILE IN, ON , OR UPON THE PREMISES WHERE THE ACTIVITY IS BEING CONDUCTED, 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, or anyone on my 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 incur due to my participation or my Minor Child’s participation in activities related to entertainment and fitness, including but not limited to open gym use, group classes, summer camp, obstacle races, ninja competitions, and private lessons, whether caused by the negligence of Releasees or otherwise, 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.

PHOTO RELEASE: I hereby grant Flip Side Ninja Park and its Affiliated Entities permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos taken of me will become the property of the Flip Side Ninja Park and its Affiliated Entities and will not be returned. I hereby irrevocably authorize Flip Side Ninja Park and its Affiliated Entities to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

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 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.