In consideration of the services of Skylands Ninja Warrior - LLC, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (herein after collectively referred to as "Skylands"), I hereby acknowledge and agree to release, indemnify, and discharge Skylands on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Skylands facilities, services, equipment, or activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I assume full, sole responsibility for such risks. Skylands offers a recreational facility which offers participants the opportunity to participate in a number of recreational activities designed for fun and fitness. Activities include maneuvering one’s body by climbing, jumping, swinging, hanging, balancing, and other tasks designed to increase the strength, endurance, general fitness and confidence of each participant. The risks include, among other things: Skylands facilities and training obstacles entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Participants often fall off equipment and obstacles, sprain or break wrists, ankles and legs, and can suffer more serious injuries as well such as heart attacks, strokes, concussions, other brain injuries, paralysis, and death. While the more catastrophic injuries are much more remote, it is important to be aware of all possibilities. Participants in the training obstacles is inherently dangerous and can cause serious injury and must be done at the participants own risk. Additionally, there may be accidental injuries occurring anywhere in Skylands dressing rooms, showers, or other facilities. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense.
Furthermore, Skylands Employees might be unaware of a participant's health or abilities. Additionally, they may give incomplete warnings or instructions, and the equipment being used might malfunction. Other inherent risks include erratic or careless behavior of the participant or other participants.
2. I expressly agree and promise to accept and assume all the risks existing in the Skylands activities and training programs. My participation in the Skylands activities and training programs is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Skylands from any and all claims, demands, or causes of action, which are in any way connected with my participation in Skylands activities or my use of Skylands' equipment or facilities including any such claims which allege negligent acts or omissions of Skylands.
4. Should Skylands or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. 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. I further represent and warrant that (a) Skylands advised me to receive medical clearance from my private physician prior to starting or participating in any training program provided by Skylands, (b) I have consulted a physician concerning the training program, (c) I agree to follow all safety rules and instructions and where required safety equipment applicable to the activities, (d) I authorize Skylands to provide or make decisions for emergency medical care for me such as emergency medical transport, first aid, and CPR.
6. In the event that I file a lawsuit against Skylands, I agree to do so solely in the state of New Jersey, and I further agree that the substantive law of New Jersey shall apply in the action without regard to the conflict of law rules of that state. I agree that this release, waiver, and indemnity is intended to be as broad and inclusive as is permitted by the state of New Jersey and that if any portion thereof is held invalid, the balance shall remain in full force and effect.
7. I further acknowledge that if I choose to park my vehicle in the VFW parking lot, I agree that neither Skylands or the VFW are responsible for any damages that may occur to the vehicle. I understand that I will be parking my vehicle in the lot at my own risk.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in Skylands activities or programs, I may be found by a court of law to have waived my right to maintain a lawsuit against Skylands on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I further grant Skylands the right to photograph, video tape, and/or record my child and to use my or my child’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional material without reservation or limitations.
In consideration of the below named minor(s) ( (herein after referred to as "Minor") being permitted by Skylands Ninja Warrior, LLC to participate in its activities and to use its equipment and its facilities, I further agree to indemnify and hold harmless Skylands Ninja Warrior, LLC from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation of Minor.