**ATHLETIC SHOES ARE REQUIRED**
I, the undersigned on behalf of myself, and if applicable, any child over whom I am a legal guardian that I have also named below (collectively referred to as "Participant"), desire to voluntarily participate in the activities and services provided b) FOUR STAR NINJA ACADEMY LLC, doing business as Four Star Ninja Academy and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members (collectively referred to as "FOUR STAR NINJA ACADEMY LLC").
In consideration of my decision to participate, Participant represents and agrees that:
1 . Participant is physically fit to participate in the strenuous physical activity associated with health and fitness training, obstacle performance training and recreational use of the ninja obstacles (the "Activity") and that I may elect to immediately discontinue Four Star Ninja Academy LLC participation should I determine that I am no longer physically fit to participate in the Activity.
2. Participant understands that the Activity is a potentially hazardous activity involving known and unanticipated inherent risks which could include, but is not limited to, physical injury (musculoskeletal injuries, broken bones, concussions, overuse injuries, cuts and bruises), drowning, paralysis, permanent disability, death and property damage in addition to risks associated with most physical activities including fainting, shortness of breath, chest pain, strokes, heart attack. Participant expressly accepts all risks associated with Participants participation in the Activity.
3. Participant voluntarily releases, discharges, and agrees to indemnify and hold harmless FOUR STAR NINJA ACADEMY LLC from any and all claims, demands or causes of action connected with Participants participation in this Activity, use of the equipment, obstacles and facility which may arise from the acts or omission, other than any acts greater than ordinary negligence, of FOUR STAR NINJA ACADEMY LLC. In the event that Four Star Ninja Academy incurs attorney's fees to enforce this agreement, Participant agrees to indemnify FOUR STAR NINJA ACADEMY LLC and to hold FOUR STAR NINJA ACADEMY LLC harmless for any such fees and associates costs.
4. Participant has adequate health insurance and/or financial resources to cover the cost of any injuries or damages which Participant may suffer due to Participant's participation in the Activity. Further, Participant grants consent to FOUR STAR NINJA ACADEMY LLC to seek medical attention in the event of an injury and that Participant will be responsible, not FOUR STAR NINJA ACADEMY LLC, for paying for any such care.
5. Participant grants FOUR STAR NINJA ACADEMY LLC the right to photograph, videotape, and/or record Participant and to forever use Participant's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation and without compensation to Participant. All property rights to any photographs or video material produced or prepared by FOUR STAR NINJA ACADEMY LLC shall vest in and remain with FOUR STAR NINJA ACADEMY LLC.
6. Participant agrees that in the event of litigation, that the laws of the state of North Dakota shall apply and the action shall take place in the state of North Dakota.
7. Participant agrees that if a court finds any portion of this agreement void or unenforceable, the remaining portions shall remain in full force and effect.
PARTICIPANT HAS CAREFULLY READ THIS PARTICIPATION AGREEMENT RELEASE, WAIVER OF LIABILITY & NDEMNIFICATION IN ITS ENTIRETY AND FULLY UNDERSTAND I ITS CONTENTS. PARTICIPANT MAY CONSULT WITH LEGAL COUNSEL PRIOR TO SIGNING IF PARTICIPANT CHOOSES TO DO SO. PARTICIPANT IS AWARE THAT THIS IS A LEGAL CONTRACT BETWEEN PARTICIPANT AND FOUR STAR NINJA ACADEMY LLC AND THAT IT AFFECTS PARTICIPANT'S LEGAL RIGHTS. PARTICIPANT IS SIGNING THIS DOCUMENT AT PARTICIPANT'S ELECTION. PARTICIPANTAGREES TO BE BOUND BYTHIS AGREEMENT. A :OPY OF THIS AGREEMENT IS AUTHENTIC AND AS EFFECTIVE AS THE ORIGINAL.