THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE USE OF EQUIPMENT/OBSTACLES PROVIDED BY THE GRIT NINJA LLC, AS WELL AS PARTICIPATION IN ANY ACTIVITY AT THE GRIT NINJA LLC, EITHER ON MY OWN OR UNDER THE INSTRUCTION/SUPERVISION OF THE GRIT NINJA LLC EMPLOYEES, IS ENTIRELY VOLUNTARY, AT THE SOLE DISCRETION AND JUDGMENT OF THE UNDERSIGNED, AND AT HIS OR HER OWN RISK.
The undersigned participant acknowledges and agrees that there are substantial risks, hazards and dangers inherent in participating in activities at The Grit Ninja LLC and on equipment/obstacles provided by The Grit Ninja LLC. Such risks, hazards and dangers may include, but are not necessarily limited to, injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death. This Waiver and Release of Liability and Hold Harmless Agreement covers, without limitation, all injuries and property damage which may occur as a result of the participants use of all amenities and equipment provided by The Grit Ninja LLC as well as his or her participation in any activity, class, program, personal training, supervised activity, or instruction, or as a result of the sudden and/or unforeseen malfunctioning of any equipment. It us the express intent of the undersigned participant to release the organizers, sponsors, participants, owners of The Grit Ninja business and the owners of the premises from liability.
With this knowledge and understanding, and in consideration of the services and activities provided by The Grit Ninja LLC, the participant states as follows:
• The participant hereby waives, releases, remises, covenants not to sue and forever discharges The Grit Ninja LLC, AG Duke Realty, LLC and any of their officers, agents and employees, of any and all liability, claims, demands, actions or rights of action, or damages of any kind including, but not limited to those related to, arising from, or in any way connected with participation in The Grit Ninja LLC programs/classes/events, whether or not allegedly resulting from or in any way related to the negligent acts or omissions of The Grit Ninja LLC and/or its officers, agents and/or employees or others or the malfunction of The Grit Ninja LLC ‘s equipment or obstacles.
• The participant accepts full financial responsibility for any injury to him/herself or to any other participant, whether due to his/her own negligence or not, whether due to The Grit Ninja LLC’s failure to use due care in its methods of owning and operating its facility, and whether related to the participant’s supervised or unsupervised use of The Grit Ninja LLC’s facilities.
• The participant agrees to hold harmless and indemnify The Grit Ninja LLC, AG Duke Realty, LLC, and their officers, agents and employees from any loss, liability, claims, damages or costs, including court costs and attorneys fees, that they may be sought against The Grit Ninja LLC, AG Duke Realty, LLC due to his or her participation.
• The participant understands that this Waiver and Release of Liability and Hold Harmless Agreement shall apply to any and all services and activities at The Grit Ninja LLC from this date forward.
• The participant certifies that he or she has no medical problems that would increase the risk of illness, injury and/or death as a result of participation in a fitness program or any other activity facilitated and/or designed by The Grit Ninja LLC.
• The Grit Ninja LLC and AG Duke Realty, LLC are not responsible for any lost, stolen or damaged personal belongings.
By signing below, you are acknowledging and agreeing (or acknowledging and agreeing on behalf of your child if under 18) that you have carefully read and are agreeing to release and discharge The Grit Ninja LLC and AG Duke Realty, and their officers, agents and employees, from any and all claims, causes of action and damages, and are agreeing voluntarily to give up or waive any right that you may otherwise have to bring a legal action against The Grit Ninja LLC and AG Duke Realty, and their officers, agents and employees for personal injury or property damage. If any portion of this release shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release shall remain in full force. This release cannot be modified orally.
NOTICE TO THE MINOR CHILD'S PARENT OR GUARDIAN:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE GRIT NINJA LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE GRIT NINJA LLC AND AG DUKE REALTY, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THIS ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE GRIT NINJA LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.