In consideration of the services of Parkour Ninjas LLC., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "PKN"), I hereby agree to release, indemnify, and discharge PKN, 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 parkour, ninja warrior and other related 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. The risks include, among other things: slips and falls; collision with fixed objects or people; falling from equipment; muscular strains and tears, sprains, cuts, bruises, fractured bones, and nerve damage; muscle soreness; musculoskeletal injuries including head, neck, and back; injuries to internal organs; rope burns; pinches, scrapes, twists and jolts that could result in scratches, lacerations, fractures, concussions, or even more severe life threatening hazards; dehydration; permanent disability; the possibility of eye damage or loss of hearing; the failure to participate safely or within one’s own ability or within designated area; the negligence of other participants or persons who may be present; emotional and psychological injuries; my own physical condition, and the physical exertion associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense. Furthermore, PKN employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I 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. 4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PKN from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of PKN's equipment or facilities, including any such claims which allege negligent acts or omissions of PKN. 5. Should PKN 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. 6. 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. 7. In the event that I file a lawsuit against PKN, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 8. I consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the class or Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services. 9. I understand that Parkour Ninjas is not a child/daycare facility and is not licensed by the state as such. 10. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Parkour Ninjas has put in place preventative measures to reduce the spread of COVID-19; however, Parkour Ninjas cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Parkour Ninjas could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending Parkour Ninjas and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Parkour Ninjas may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Parkour Ninjas employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Parkour Ninjas. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Parkour Ninjas employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Parkour Ninjas program. I irrevocably grant unlimited permission to PKN LLC. to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant’s participation in a class or Event or related activity for any legitimate purpose in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to PKN to film, videotape and record the performance of the Participant in the class or Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner PKN shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to PKN, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the class or Event. I acknowledge that PKN shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant and all or any portion of the class or Event in which Participant may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to Participant. In consideration and in return for being allowed to participate in the class or Event, Participant releases and agrees not to sue the Releasees from all present and future claims regarding Participant’s participation in events organized by PKN, including the Event, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against PKN 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. |
