In consideration for my being permitted to participate in any activity offered by or at a facility of Life Force Ninja, LLC (“Life Force”), I do hereby enter into this Acknowledgment of Risk, Waiver, and Release of Liability (“Waiver”), and expressly acknowledge, accept, and agree to the following:
RISKY ACTIVITIES: I acknowledge that partaking in activities at Life Force, or participating in any Life Force workshop, event, activity, training session, class, party, camp, or any other activity (“Activities”) will require my participation in physically demanding activities, such as, by example only, running, crouching, kneeling, lifting, and squatting; and use of equipment, such as, by example only, weights, zip lines, cables, platforms, bridges, stairs, ladders, cargo nets, and other challenge course elements and devices, including at heights; and that these and other activities pose inherent physical risks. These physical risks include, but are not limited to: trips and falls, collisions with other participants and structures, and exposure to actions of other participants that may be careless and even negligent. I understand and acknowledge that engaging in the Activities poses a risk of physical injury, emotional stress, and/or death.
VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISKS: I hereby expressly and fully accept the risks involved in participating in any Activities and using Life Force’s facilities or equipment, including those risks set out above, and voluntarily choose to participate. I acknowledge participation in any of the Activities or use of Life Force’s facilities or equipment is entirely voluntary, and that I may and should stop participating at any time for any reason, including when I am physically tired, unable, or unprepared. I understand that each participant, including myself, will be responsible for making decisions (whether or not specifically asked) on his/her level of capabilities, ability, and comfort performing any act and participating in any Activities or using Life Force’s facilities or equipment. I accept that Life Force has not evaluated my physical or mental fitness and is under no obligation to make any such evaluation. I agree to follow all instructions and rules, but acknowledge that following instructions and rules does not eliminate the amount or severity of the risks or hazards of engaging in the Activities or use of Life Force’s facilities or equipment, or my need to make personal decisions on participating in any of the Activities.
FULL RELEASE OF LIABILITY: I, on behalf of myself, hereby forever release, discharge, and waive all claims, suits, or other demands for damages or injuries that I may have against Life Force, its employees, managers, officers, members, contractors, and agents, and owners or occupiers of any real property (each a “Released Party”), arising from or related to my participation in the Activities, my presence on Life Force’s or any other party’s real property, or my use of any Life Force facilities or equipment, all including as may be caused by the ordinary (but not gross) negligence of any Released Party or any other participant.
HOLD HARMLESS, DUTY TO DEFEND, AND INDEMNIFY: I agree to hold harmless, defend, and indemnify each Released Party from all liabilities, claims, actions, damages, expenses (including attorneys’ fees), costs, or losses of any nature, whether arising in contract, tort, statute, common law, or otherwise, including for claims brought by family, arising from or related to my participation in the Life Force Activities, presence on Life Force’s or any other party’s real property or use of any of Life Force’s facilities or equipment, including as may be caused by the ordinary (but not gross) negligence of the applicable Released Party or any other participant.
GOOD HEALTH AND MEDICAL CARE: I affirm, represent, and warrant that my health is good and that I am not aware of or have any condition that could bear upon or impact my physical or mental fitness to participate in the Activities and to use Life Force’s facilities and equipment. I authorize Life Force to administer first aid, or transport to, or arrange for my transport to, a medical facility, at my sole expense. I agree that upon transport to any medical facility, the responsibility of Life Force shall be totally fulfilled. The above release, indemnification, hold harmless, and duty to defend covers the provision of first aid, medical care, or transportation, or arrangement therefor, to a medical facility by a Released Party.
MEDIA RELEASE: I hereby authorize Life Force to use my name and images of me or my likeness, including, but not limited to, films, videos, photographs, and otherwise on any medium, including, but not limited to, Facebook, websites, blogs, brochures, and newsletters that were taken or prepared while participating in any Activities, or my presence on any Life Force or other party’s real property or use of any Life Force facilities or equipment.
VENUE AND JURISDICTION: Any action arising from any of the Activities, presence on any Life Force or other party’s real property or use of any Life Force facilities or equipment, and/or the interpretation or application of this Waiver shall be commenced exclusively in the Washington State Superior Court for the State of Washington, Whatcom County, and I hereby agree to this court having personal jurisdiction over me in association with any such claim.
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. Life Force Ninja has put in place preventative measures to reduce the spread of COVID-19; however, Life Force Ninja cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Life Force Ninja 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 I may be exposed to or infected by COVID-19 by attending Life Force Ninja 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 Life Force Ninja may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Life Force Ninja 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 Life Force Ninja. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Life Force Ninja, its 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 Life Force Ninja, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Life Force Ninja program.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND I SIGN IT OF MY OWN FREE WILL.
Acknowledged, accepted, and agreed on this date: October 29, 2020
PARENT/GUARDIAN WAIVER FOR MINORS (under 18 years old) As consideration for allowing (“Minor”) to participate in the Activities, enter onto Life Force’s or any other party’s real property, or use any of Life Force’s facilities or equipment, the parent of the Minor must sign and agree to the following. The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child’s or ward’s participation in the Activities, presence on Life Force’s or any other party’s real property, and use of Life Force’s facilities or equipment, and has agreed individually to the terms of the accident waiver and release of liability set forth above, and shall be bound to the terms and conditions. The undersigned parent or guardian further agrees that he/she will defend, hold harmless, and indemnify the Released Parties from all suits, liabilities, damages, injuries, or claims suffered by or brought by the Minor, or arising out of any injury or death to the Minor, and/or the above Minor’s participation in any Activities, presence on Life Force’s or any other party’s real property, or use of any of Life Force’s facilities or equipment, whether caused by the negligence of any of the Released Parties, another participant, or otherwise. Such duty to defend, indemnify, and hold harmless shall extend to any claim, demand, suit, or judgment arising from the use of the Minor’s name, and images of Minor or his/her likeness, including, but not limited to, in films, videos, photographs, and otherwise on any medium, including, but not limited to, Facebook, websites, blogs, brochures, and newsletters that were taken or prepared during any of the Activities, presence on Life Force’s or any other party’s real property, or use of any of Life Force’s facilities or equipment.