RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISKS
The undersigned individual desires to learn and/or continue to improve in the activity of ninja warrior or nerf war by training at premises owned and/or operated by Westchester Ninja Warrior or Westchester War Zone at The Westchester Gym* (collectively and/or individually, the “WNW” , "WWZ", “Facilities” , “WNW/WWZ and Facilities”). In consideration for the WNW/WWZ permitting me to use the premises including the bouldering walls, ropes courses, warped wall, nerf activities and other obstacles and fitness facilities located indoors or outdoors, as well as, participation in indoor or outdoor trips, I have agreed to execute this Release of Liability and Assumption of Risks (the “Release”).
I hereby acknowledge and accept and agree THAT NINJA WARRIOR TRAINING AND NERF ACTIVITIES AND OBSTACLES AND/OR OTHER ACTIVITIES AT OR ORGANIZED BY THE WNW/WWZ INVOLVE INHERENT RISKS. I received full information regarding the use of the Facilities and had the opportunity to ask any questions that I wished. Further, I have had the opportunity to examine the Facilities and have full knowledge of the nature and extent of all the risks associated with obstacle training and the use of the Facilities including, but not limited to:
a. All manner of injury resulting from my falling off or from the Obstacle Course and hitting the floor, wall, wall faces and/or holding covers, people or rope projections, whether permanently or temporarily in place;
b. Rope abrasion, entanglement and other injuries resulting from activities on or near the Obstacle Course, including, but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques;
c. Injuries resulting from the actions or omissions of others including, but not limited to, falling climbers or dropped items, such as, but not limited to, ropes, climbing hardware, wall parts, broken or loose holds, or personal effects;
d. Cuts and abrasions resulting from skin contact with the Obstacle Course or any other surface;
e. Failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, or any part of the Obstacle Course or any other surface;
f. Failure to follow the WNW/WWZ employee’s instructions or failure to ask for information or assistance;
g. Failure to use the Obstacle Course or other surface without proper certification when necessary;
h. Dangers and injuries that may exist due to inclement weather.
I further acknowledge that the above list is not a comprehensive recitation of all possible risks associated with the use of the Facilities and I agree that such list in no way limits the extent or reach of this Release of Liability Waiver and Assumption of Risks form. If, while using the Facilities, I see or hear anything that I feel is questionable or dangerous, it is my responsibility to inform a WNW/WWZ employee and follow appropriate procedures and instructions thereby given.
I expressly agree and hereby promise to accept and assume all the risks associated with the sport of ninja warrior obstacle course climbing and training at the Facilities, both known and unknown. My participation in this activity is purely voluntary: I elect to participate in these activities in spite of the risks.
I hereby acknowledge that the WNW/WWZ provide orientation and/or instruction before use of the Facilities to all visitors. The WNW/WWZ also provide users with the option to inspect the premises and related equipment before choosing to use them. For advanced usage of the Facilities, individuals must pass a certification test. I understand that if I need additional assistance, orientation, instruction, training or assessment during my participation at the Facilities at any future time that it is my responsibility to seek such assistance, orientation, instruction, training or assessment from The WNW/WWZ staff prior to participating in any activity for which I am not trained or qualified. Gear provided by the WNW/WWZ, if any, is intended to protect individuals from harm or negligence that may result from, but is not limited to, use of the Facilities. I agree that I have a duty to inspect and exercise good judgment and act in a responsible manner while using the Facilities or participating in any other related activity and/or outdoor trips, and to obey all oral and written instructions and warnings prior to or during use. I agree that I have a duty to refrain from using the Facilities or participating in any other related activity and/or outdoor trips when under the influence of drugs and/or alcohol. I further agree that I am responsible for paying the appropriate rate in exchange for the use and training at the Facilities. My signature below indicates that the WNW/WWZ staff has presented this information to me and I fully understand this information.
I, on behalf of myself, my spouse, children, heirs, administrators and assigns, also agree to release and discharge the WNW/WWZ and all and each of the WNW/WWZ employees, agents and representatives, as well as all other persons, corporations, or other entities that might have any liability to me (the “Released Parties”), from and against any and all damages, actions, claims and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving the WNW/WWZ or caused by the passive or active negligence of the Released Parties. This Release is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities of any nature, specifically including, but not limited to, damages, actions, claims and liabilities arising from or related to the negligence of the Released Parties. I further agree to indemnify, hold harmless, and defend the WNW/WWZ from and against any loss, damage, liability and expense, including costs and attorneys’ fees, incurred by the WNW/WWZ as a result of my using Facilities or participating in any activity sponsored by or involving the WNW/WWZ.
The duration of this agreement shall continue until it is cancelled or modified by written agreement. The laws of the State of New York shall govern the rights and obligations of the parties to this Release and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any Released Parties shall be brought solely in the New York State Supreme Court. The WNW/WWZ reserves the right to use any photograph taken at The Facilities, during a course, a birthday party or private group, or during a mountaineering expedition, in the WNW’ promotional materials, brochures, and website.
I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING ANY RELEASED PARTY.
THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING.
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.
*The Westchester Gym facilities and/or its subsidiaries include Fitness by Lifestyle TWG, LLC d/b/a The Westchester Gym.
As legal guardian of my designated student(s) (student(s)), I hereby consent to all student(s) participating in this facility's program(s). I recognize that potentially severe injuries can occur in any activity involving height or motion, including, but not limited to, ninja obstacle courses and related activities including swinging and climbing obstacles, tumbling, cheerleading, tumble tramp, trampoline, stunting, pyramids, dance, swimming, martial arts, gymnastics and physical activity in general. I understand that it is the express intent of all staff and personnel to provide for the safety and protection of my student(s) and, in consideration for allowing my student(s) to use these facilities, I hereby COVENANT NOT TO SUE and FOREVER RELEASE this facility, affiliated and partner companies and organizations, property owners and lessors, staff, contractors, subcontractors, teachers, coaches, owners, directors and other members involved in this facility's program(s), from all liability and for any and all damages and injuries suffered by my student(s) during instruction, supervision, and/or control during any and all classes or extra activities.
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