~~PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of VertiQuest Gym LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge VertiQuest Gym LLC, 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, freerunning, gymnastics, bouldering wall, trampoline, exercise, fitness training and instruction 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 essential qualities of the activity.
Risks include, among other things: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or more severe life threatening hazards; muscular soreness, tears, strains, sprains, dislocations, fractures and broken bones; cuts, bruises, and muscle soreness; wrist, arm and shoulder injuries; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and risk of emotional and psychological injuries or physical damage associated with this activity. In any event, if your child is injured, your child may require medical assistance, at your own expense.
Furthermore, VertiQuest Gym LLC 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 might misjudge the weather or other environmental conditions. 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 VertiQuest Gym LLC 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 VertiQuest Gym LLC's equipment or facilities, including any such claims which allege negligent acts or omissions of VertiQuest Gym LLC.
4. Should VertiQuest Gym LLC 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 VertiQuest Gym LLC, I agree to do so solely in the state of New Jersey, 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 document shall remain in full force and effect.
7. I acknowledge the contagious nature of COVID-19 (and other flu-like virusues) and voluntarily assume risk that myself, my family, and/or child(ren) may be exposed to or infected by COVID-19 by entering or attending activities at VertiQuest Gym, and that such exposure or infection is by no fault of VertiQuest Gym. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
By signing this document, I acknowledge that if anyone becomes hurt, sick, 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 VertiQuest Gym LLC 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.