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Deep Creek Ninja Factory PARTICIPANT RELEASE OF LIABILITY 
AND ASSUMPTION OF RISK AGREEMENT 
--THIS AFFECTS YOUR LEGAL RIGHTS--
READ CAREFULLY BEFORE SIGNING

I, the undersigned, acknowledge, appreciate, and agree that: In exchange for participation and/or use of the property, facilities, and services associated with any related events and activities (hereafter called the Program) organized by Deep Creek Marina and Deep Creek Lake Adventures, DBA Deep Creek Ninja Factory, of 2010 Deep Creek Drive, McHenry, Maryland, 21541 ("Deep Creek Ninja Factory"), I agree for myself and on behalf of my minor child(ren) attending the Program, to the following:


 

I Agree
 

REFUNDS. I understand that there are ABSOLUTELY no refunds for changes in plans, weather, inability to complete the course or lack of interest.

 

I Agree
 

CONSENT. I consent to my participation and the participation of my minor child(ren) in the Program. If I observe any unusual or significant hazard during my or my child(ren)'s presence or participation, I will remove myself and/or my child(ren) from participation and bring such to the attention of the nearest Deep Creek Ninja Factory employee immediately. I understand and agree to observe all of the rules and regulations of the Program, including, but not limited to, wearing athletic clothing in good condition, appropriate, closed toed athletic shoes on all equipment.  I further agree to wear and use as instructed any necessary safety equipment provided to me and recognize that failure to do so increases the potential for severe injury or death. I agree to follow any oral instructions or directions given by any employee of Deep Creek Ninja Factory.

 

I Agree
 

ASSUMPTION OF THE RISKS AND RELEASE. I understand that the Program is inherently dangerous, and that the risk of injury from the activities involved in this Program is significant during all phases of the Program, including the potential for permanent paralysis, disability and death. I may be exposed to dangers and hazards which include, but are not limited to, the following: falls; concussions; overexertion; overheating; injuries from my lack of fitness or conditioning; equipment failure and/or malfunction of my own or other's equipment; my own negligence and/or the negligence of others; fatigue, chill and/or dizziness which may diminish my reaction time and increase the risk of accident; muscular/skeletal strains; and sprains and fractures. I ACKNOWLEDGE THAT PARTICIPATING IN THE PROGRAM INVOLVES INHERENT RISKS AND OTHER RISKS, HAZARDS, AND DANGERS, INCLUDING SOME NOT LISTED ABOVE, CAN CAUSE OR LEAD TO DEATH, INJURY, ILLNESS, PROPERTY DAMAGE, MENTAL OR EMOTIONAL TRAUMA, OR DISABILITY. I also understand that any equipment that I provide or may borrow or rent from Deep Creek Ninja Factory or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. I AGREE TO ASSUME ALL OF THE RISKS OF PARTICIPATION IN THE PROGRAM, WHETHER INHERENT OR NOT AND WHETHER DESCRIBED ABOVE OR NOT.

 

I Agree
 


I HEREBY FOREVER RELEASE, WAIVE, AND DISCHARGE DEEP CREEK NINJA FACTORY, AND EACH OF ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, OWNERS, AFFILIATES, PREDECESSORS, PARENT CORPORATIONS, HOLDING COMPANIES, SUBSIDIARIES, AFFILIATES (INCLUDING, BUT NOT LIMITED TO, DEEP CREEK MARINA LLC), DIVISIONS, HEIRS, SUCCESSORS AND ASSIGNS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND ALL OTHER PERSONS OR ENTITIES ACTING UNDER THEIR DIRECTION AND CONTROL (COLLECTIVELY REFFERED TO AS THE "RELEASED PARTIES") FROM, AND AGREE NOT TO PURSUE A CLAIM OR SUE THE RELEASED PARTIES OR ANY OF THEM FOR, ANY LIABILITY, CLAIM, OR EXPENSE IN ANY WAY ASSOCIATED WITH MY PARTICIPATION IN THE PROGRAM, INCLING CLAIMS FOR INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, BREACH OF CONTRACT, OR ANY OTHER TYPE OF SUIT. NEITHER I NOR ANYONE ACTING ON MY BEHALF WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES AS A RESULT OF ANY INJURY, ILLNESS, DAMAGE, DEATH OR LOSS. THIS RELEASE INCLUDES ANY LOSSES CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OF THE RELEASED PARTIES TO THE FULLEST EXTENT ALLOWED BY LAW (BUT NOT FOR GROSS NEGLIGENCE OR INTENTIONAL OR RECKLESS MISCONDUCT) AND CLAIMS FOR STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES.

 

I Agree
 


INDEMNIFICATION. I agree to defend and indemnify the Released Parties (to pay or reimburse the Released Parties for money they are required to pay, including attorney's fees and costs) with respect to any and all claims brought by or on behalf of me, my child(ren), a family member, personal representative, estate, or any other person for any claims related to my or my child(ren)'s participation in the Program, including claims that Deep Creek Ninja Factory employees were negligent. This indemnity includes payment for attorney's fees and costs incurred by the Released Parties in defending a claim or suit if the claim or suit is withdrawn or where a court determines that the Released Parties are not liable for the injury or loss.
PROPERTY DAMAGE. I agree to pay for all damages to Deep Creek Ninja Factory's facilities caused by my negligent, reckless, or willful actions.
CURRENT HEALTH STATUS. I warrant and represent that I and/or my child(ren) are in good health and have no physical or mental limitations or problems that would affect my, or my child(ren)'s, safe participation or the safety of others in the Program and have not been advised otherwise by a qualified medical person.

 

I Agree
 

MEDICAL AUTHORIZATION. In the event of an emergency or injury to myself or my child(ren) during the Program, I give my permission to Deep Creek Ninja Factory, as my agent, to administer emergency treatment, contract emergency personnel, and act in my stead in approving necessary medical treatment. I agree to be financially responsible for any and all costs associated with such treatment.

 

I Agree
 


TERMINATION OF PARTICIPATION. I recognize that it may be necessary for the Deep Creek Ninja Factory to refuse or terminate my participation in the Program if I am judged to be incapable or unwilling to meet the rigors or requirements of the Program. I accept Deep Creek Ninja Factory's right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the Program. I acknowledge that there will be NO PARTIAL or FULL refunds if I do not meet the Program requirements, and Deep Creek Ninja Factory terminates my participation in the Program as a result.

 

I Agree
 

I understand that there will be no refunds or raincheck for the inability to complete the course.  This is an active participation active  

I Agree
 


PHOTOGRAPH, PICTURES, FILM, VIDEOTAPE. I acknowledge that by participating in or attending any activity in connection with this Program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
OPT IN TO MARKETING FOR DEEP CREEK LAKE ADVENTURE.  I recognize that by checking this box I will receive promotions and newsletters from Deep Creek Lake Adventures

 

I Agree
 

.
DISPUTE RESOLUTION. If I have a dispute with Deep Creek Ninja Factory, and we are unable to resolve the dispute informally, I agree that upon demand by either me or Deep Creek Ninja Factory, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, Deep Creek Ninja Factory and I each retain the right to pursue in small claims court any dispute that is within that court's jurisdiction. I AGREE THAT I AM WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A COURT. Deep Creek Ninja Factory and I each agree that each may bring claims against the other only in an individual capacity, and that neither Deep Creek Ninja Factory nor I shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the "AAA") according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the "AAA Rules"). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA's website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. If I demand arbitration, I must send a copy of the form or other demand, by U.S. Certified Mail, addressed to Deep Creek Ninja Factory at the address given above.
SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

 

I Agree
 

APPLICABLE LAW. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to its choice of law provisions. Any mediation, arbitration or other proceeding must be brought in the Circuit Court for Garrett County or, if jurisdiction allows, the District Court for Garrett County, Maryland. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I AM AT LEAST 18 YEARS OF AGE AND OTHERWISE LEGALLY COMPETENT TO SIGN THIS AGREEMENT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER LEGAL RIGHTS AS DESCRIBED HEREIN. I AGREE THAT THIS FORM SHALL BE BINDING ON ME, MY MINOR CHILD(REN) AND OTHER FAMILY MEMBERS, AND MY HEIRS, EXECUTORS, REPRESENTATIVES AND ESTATE.

FOR PARENTS/GUARDIANS OF MINOR PARTICPANTS UNDER THE AGE OF 18:

In consideration of my minor child(ren) being permitted to participate in the Program, I accept and agree to the full contents of this Agreement. I certify that I have the authority to sign on behalf of such minor child(ren) and to make decisions for such minor child(ren) regarding the Program. I also agree to RELASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 2) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to my minor child(ren) during the Program, or in any way related to the Program. This includes the claim of the minor and any claim arising from the negligence of the Released Parties.

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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