In consideration of the services of Conquer Athletics, LLC., Conquer Ninja Warrior Woodbury LLC, Conquer Ninja Warrior Burnsville LLC, Blaine Ninjas LLC, Conquer Rigging LLC, Conquer Franchising LLC, Four Ninjas Fargo LLC, Conquer Ninja Arizona LLC, Conquer Ninja Arizona Scottsdale 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 "CQ"), I hereby agree to release, indemnify, and discharge CQ, 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 personal fitness 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, CQ 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 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CQ 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 CQ's equipment or facilities, including any such claims which allege negligent acts or omissions of CQ.
4. Should CQ 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.
6. In the event that I file a lawsuit against CQ, I agree to do so solely in the state of Minnesota, 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.
7. COVID 19 By entering this facility, I am aware that I agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19).
The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet or more and are commonly transmitted between persons and in some cases transmitted from equipment to persons.
Although CQ regularly sanitizes its equipment and facilities, and presently is using enhanced cleaning methods and enforcing social distancing in its facilities, I understand that I may be exposed to the coronavirus or its symptoms through no fault of CQ.
Known coronavirus symptoms include fever, coughing, runny nose, sore throat, loss of smell or taste, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively "Symptoms"). I understand and agree that upon entering this facility that I do not exhibit any symptoms, and that I am not and have not been exposed to someone that has a current or active case of COVID-19 or is currently quarantined for the virus.
I understand and agree that I will hold CQ harmless and I will not hold CQ liable for any real or perceived Symptoms or losses due to COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and I fully agree to accept all risks of entering the facility, using the equipment, working with staff and personal trainers, attending classes, and/or interacting or being exposed to other members.
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 CQ 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.