NATURE OF THE ACTIVITY:
Midwest Warrior Academy, LLC (hereinafter “MWA”), offers clients the opportunity to participate in physical activity associated with health and fitness training, obstacle performance training, and recreational use of the ninja obstacles (the Activity) recreational activities. Activities include climbing, jumping, swinging, hanging, balancing, and other tasks designed to increase strength, endurance, general fitness, and confidence. Specific activities include running up the warped wall, rock climbing, swinging rope, cargo net, ring slider, devil steps, quad steps, jumping spider, balance beams, dodgeball, and many more. In addition to the client participating in MWA everyday activities, other activities available at MWA include parties, classes, competitions, camps, and special events.
PARTICIPANT/PARENT/LEGAL GUARDIAN understands that MWA Activities, like all physical activities, involve some risks of injury that are inherent to the activity. Some of the inherent risks of the activities include, but are not limited to falls (even on padded surfaces), collisions with other participants or with stationary objects, landing wrong on leaps or jumps, both on and off padded surfaces, landing on another participant, over-exertion, attempting actions or maneuvers that are beyond a participant’s capacity, landing on a hard surface, slips and falls within the activity area or in other parts of the facility, unexpected failure of the equipment, and shifts in padding. Other inherent risks include erratic or careless behavior of the participant, erratic or careless behavior of other participants, supervisory or judgment error by MWA staff (e.g., misjudging the capacity of the participant and/or the failure to identify the potential for injury.).
PARTICIPANT/PARENT/LEGAL GUARDIAN understands the three types of injuries that can occur at MWA: (1) Minor Injury, including but not limited to muscle strains and sprains, bruises, abrasions, blisters, rope burns, and contusions; (2) Serious Injury, including but not limited to severe sprains, broken bones, ligament and joint injuries, concussions, and eye injury; and (3) Catastrophic Injury, including but not limited to brain injury, cognitive impairment, paralysis, heart attack, and death.
PARTICIPANT/PARENT/LEGAL GUARDIAN understands that being in public places carries a risk of exposure to viruses, bacteria, and community-based illnesses both on equipment and from the presence of other people.
ASSUMPTION OF THE RISKS:
I, the PARTICIPANT/PARENT/LEGAL GUARDIAN, have read the above paragraphs and know that MWA activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level, and/or that of my minor child, and appreciate the types of injuries that may occur as a result of MWA activities. I hereby assert that my participation and/or the participation of my minor child, is voluntary and that I knowingly assume all risks of that participation, including but not limited to personal injury, bodily injury, mental injury, cognitive impairment, illness, or death regardless of the fault or negligence of MWA.
PARTICIPANT/PARENT/LEGAL GUARDIAN UNDERSTANDS THAT ASSUMING THE RISK OF INJURY OR DEATH HAS SIGNIFICANT LEGAL IMPLICATIONS INCLUDING THE WAIVER OF LEGAL RIGHTS.
WAIVER AND RELEASE OF LIABILITY:
In consideration of permission to use the MWA facilities and services, today and on all future dates, the PARTICIPANT/PARENT/LEGAL GUARDIAN, both individually and on behalf of his/her/their spouse, heirs, children, parents or guardians, personal representatives, and assigns do hereby release, waive, and discharge any and all claims, suits, actions and/or causes of action against MWA, including its owners, directors, officers, affiliates, subsidiaries, employees, volunteers, independent contractors, equipment providers, agents, and facility owners (hereafter referred to as “Protected Parties”) for any personal injury, death, economic loss, theft, or destruction of personal property arising from or in any way related to my participation or the participation of my minor child in activities at MWA facilities.
This WAIVER AND RELEASE OF LIABILITY is intentionally broad and covers, without limitation, all injuries or damages which may occur, regardless of fault or negligence on the part of MWA, arising from or relating in any way to: (a) the use of any and all amenities and equipment at MWA; (b) participation in any activity at MWA; (c) the sudden and unforeseen malfunctioning or failure of any equipment at MWA; (d) slipping, tripping and/or falling while participating in MWA activities and/or using MWA including adjacent sidewalks and parking areas; (e) the failure of an MWA staff member to properly spot a participant or supervise an activity to prevent potential injury; and/or (f) any and all claims resulting from the damage to, loss of, or theft of property.
PARTICIPANT/PARENT/LEGAL GUARDIAN UNDERSTANDS THAT AGREEING TO THIS PROVISION INVOLVES THE WAIVER AND RELEASE OF LEGAL RIGHTS.
The PARTICIPANT/PARENT/LEGAL GUARDIAN also agrees to hold harmless, defend, and indemnify MWA and all Protected Parties from and against any and all claims, demands, suits, actions or causes of action arising from or related to my participation or the participation of my minor child in activities at MWA (including the payment of all judgments, settlements, attorney’s fees, litigation costs and expenses). This obligation includes but is not limited to: (1) claims made by other participants related to the acts or omissions of PARTICIPANT/PARENT/LEGAL GUARDIAN and/or his, her, their minor children; and/or (2) claims for personal injury by a minor child of PARTICIPANT/PARENT/LEGAL GUARDIAN that cannot be waived or released as a matter of law.
PARTICIPANT/PARENT/LEGAL GUARDIAN UNDERSTANDS THAT AGREEING TO THIS PROVISION CREATES LEGAL OBLIGATIONS ON THE PART OF THE PARTICIPANT/PARENT.
I, the PARTICIPANT/PARENT, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me, and MWA and this agreement cannot be modified or changed in any way by oral representations or statements by any agent or employee of MWA.
I further expressly agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Nebraska if any portion of this agreement is held invalid, the remainder shall remain in full legal force and effect.
MANDATORY BINDING ARBITRATION:
Any claim, action, or cause of action arising from or related to the use of the MWA by PARTICIPANT/PARENT/LEGAL GUARDIAN and/or his/her/their minor child, or their presence at the facilities, including but not limited to claims for personal injury or death, shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. All applicable laws of the State of Nebraska shall apply.
PARTICIPANT/PARENT UNDERSTANDS THAT AGREEING TO THIS PROVISION CONSTITUTES A WAIVER OF THE RIGHT TO TRIAL BY JURY.
In the event of litigation, PARTICIPANT/PARENT/LEGAL GUARDIAN agrees that the laws of the State of Nebraska shall apply and consents to the jurisdiction of the Nebraska District Court for Douglas County.
PARTICIPANT/PARENT/LEGAL GUARDIAN must:
- Agree to obey all safety rules and alert the staff to any rule violations or dangerous behavior of coparticipants.
- Agree to stay in areas to which I am assigned and not enter areas that will place me in undue danger.
- Acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
- Agree to attempt only activities that I feel I can perform safely.
- Acknowledge that one should get medical clearance prior to participation in a vigorous physical activity.
- Possess a sufficient level of skill and physical fitness for safe participation in MWA activities.
- Have no health problems that would make participation in MWA activities unwise.
- Authorize MWA to administer emergency first aid and/or CPR when deemed necessary by MWA.
- Authorize MWA to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by MWA and I agree to assume all costs of emergency medical care and transportation.
PHOTO & VIDEO RELEASE:
I, PARTICIPANT/PARENT/LEGAL GUARDIAN, Authorize MWA to use participation photo/video of participant in print/electronic marketing, advertising, and web content including third party companies that are contracted with MWA.
ACKNOWLEDGMENT OF UNDERSTANDING:
I, the PARTICIPANT/PARENT/LEGAL GUARDIAN, have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury, or loss.
I, the PARTICIPANT/PARENT/LEGAL GUARDIAN, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability of the Protected Parties, to the greatest extent allowed by law of the State of Nebraska.
I, the PARENT/LEGAL GUARDIAN of a minor participant, assert that I have explained the risks of MWA activities and MWA safety rules to my minor son or daughter and that he or she understands the risks and agrees to follow the rules.
I, THE PARTICIPANT/PARENT/LEGAL GUARDIAN, HAVE READ AND AGREED TO THE TERMS AND CONDITIONS AS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE WAIVER AND RELEASE OF LIABILITY.
THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
February 1, 2023