Rules and Policies
I Agree I and/or Minor Participant is/are physically and emotionally able to participate in any and all SCN Activities without aid or assistance. I and/or Minor Participant am willing to assume the risk of any physical or medical condition I and/or Minor Participant may have.
I Agree I understand that membership cancellation must be notified to SCN by email 2 days before the next charge date on account and may use all previously purchased passes for services up until such charge date. I also understand that no passes shall rollover, refunded because of being unused. Furthermore, I understand that it is the sole discretion of SCN to decide to change the current policy that any and all refunds will be in the form of future credit unless it is deemed that my behaviour is uncharacteristic of a Participant with SCN and danger to existing and future clientele and no such credit will be given.
I Agree I grant SCN the right, without limitation, to photograph, videotape and/or record me and/or a Minor Participant and authorize SCN to use any such photographs, images, or likenesses in SCN marketing and displays, regardless of media.
Assumption of Risk/Waiver of liability
Steel City Ninja's Assumption of Risk in consideration for gaining access to and use of Steel City Ninja, LLC (d/b/a Steel City Ninja, a Pennsylvania limited liability company and shall be further mentioned here as SCN) property, facilities and services and engaging in the use of and participation in the facilities, equipment and activities in and associated with SCN, I the undersigned, on behalf of myself and my spouse, children, parents, legal wards, heirs, assigns, personal representatives, estate, and insurers, and on behalf of any Minor Participant listed above, agree as follows: I am the Adult Participant and/or Parent/Guardian on behalf of a Minor Participant listed above and I hereby acknowledge, accept and agree that participation in SCN Activities, particularly the use of obstacles both hanging and on ground,walls and any SCN deem ninja, parkour, including but not limited to replicated or proprietary to SCN, any and all affiliated with "American Ninja Warrior","Sasuke" or any other previous or future adaptation of Ninja Warrior as a sport,fitness or activity, inflatable and bounce houses, advanced and/or aerial obstacle course equipment, rock climbing and bouldering features, involve known and unanticipated risks that could result in physical and/or emotional injury, which include but are not limited to broken bones, sprained or torn muscles or ligaments, paralysis, other bodily injury, or death, or property damage caused by myself, a Minor Participant, or a third party. I acknowledge that the above list is not inclusive of all possible risks associated with use of SCN Facilities and Services and participation in SCN Activities, and I agree that such list in no way limits the extent or reach of this Agreement. I acknowledge and understand that such risks cannot be eradicated with normal sport's ativity and the core qualities of SCN Activities. I acknowledge that the aforementioned risk of physical and/or emotional injuries may also happen to an observer or bystander.
I hereby agree that my access and access of a Minor Participant to SCN Facilities and Services and participation in SCN Activities is voluntary and that I knowingly assume all inherent risks. In further consideration of access and use of SCN Facilities and Services and participation in SCN Activities, I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, on behalf of myself, my spouse, my heirs, legal wards, personal representatives, assigns, and Minor Participant(s) (individually and collectively, in severetity) do hereby release, waive, and discharge SCN, its owners, directors, managers, officers, employees, affiliates, volunteers, independent contractors, equipment providers, landlords and agents (protected parties from here furthermore) from legal liability, claims, demands, and causes of action, whether the same is known or unknown, anticipated or not, arising from the ordinary negligence of SCN or Protected Parties, including personal and/or emotional injury or death from incidents or illnesses arising from participation in SCN Activities and any and all claims resulting from the damage to, loss of, or theft of property, and I, for myself and on behalf of Releasing Parties, further agree that except in the event of SCN's gross negligence and/or willful and wanton misconduct, I shall not bring any claims, demands, legal liability, and/or causes of action against SCN for any losses, whether economic or non-economic, due to property damage, personal and/or emotional injury or death sustained by me or Minor Participant(s) that are in any way associated with SCN Facilities and Services or SCN Activities. I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, further agree to hold harmless, release, discharge, defend, and indemnify SCN and Protected Parties (i.e., defend and pay any judgment and costs, including attorneys, fees and related expenses) from any and all claims of the Releasing Parties arising from injury or loss due to participation of myself or a Minor Participant at SCN (including claims arising from the inherent risks of SCN Activities and those arising from the ordinary negligence of SCN or Protected Parties). I further agree to hold harmless, defend, and indemnify SCN and Protected Parties against any and all claims of co-participants, rescuers, and others arising from conduct of myself or a Minor Participant in the course of my participation or Minor Participant(s)'s participation at SCN (including claims arising from the inherent risks of SCN activities and those arising from the ordinary negligence of SCN or Protected Parties).
In the event any dispute arises, I, the Adult Participant and/or Parent/Guardian on behalf of Minor Participant, agree bring such dispute within one (1) year of the date of this Agreement and to engage in mediation to settle the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation or Minor Participant(s) participation at SCN shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, hereby acknowledge, agree to and/or certify the following:
This Agreement supersedes any and all previous oral or written promises or agreements with SCN, this is the entire agreement between me and/or Minor Participant(s) and SCN, and that the Agreement cannot be modified or changed in any way by representations or statements by any agent or employee of SCN; I am at least eighteen (18) years old; I acknowledge it is my or a Minor Participant's duty to inform staff and cease exercise immediately if I or a Minor Participant feels any unusual discomfort or suffers any injury during participation and alert the staff to any rules violations or dangerous behavior of co-participants; I agree to inform SCN of any injury (even minor injuries) prior to leaving the SCN facility and agree to assume all costs of emergency medical care and transportation.
I expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by applicable laws and that if any portion thereof is held void or unenforceable, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. By signing this Agreement, I understand that I am giving up substantial rights, including my right to sue and any right to sue on behalf of Minor Participant(s), and I acknowledge I am signing the agreement freely, voluntarily, and intelligently, and with the full knowledge of its legal consequences. I intend my signature to be a complete and unconditional release of all liability due to ordinary negligence by SCN and the Protected Parties to the greatest extent allowed by law. I certify I am the parent or legal guardian of any Minor Participant listed in this Agreement or have been granted power of attorney to execute this Agreement on behalf of a parent or legal guardian of such Minor Participant. In the event I do not have the authority to execute this Agreement on behalf of another, I agree I shall be solely liable for any and all resulting claims, actions, penalties, causes of action, services, fees, or similar expense.
I have received information to my satisfaction regarding the use of SCN Facilities and Services and participation in any and all SCN Activities, rules and policies current or modified in the future and have had the opportunity to ask any and all questions I desired to ask. I understand the demands of SCN Activities are relative to my and/or Minor Participant(s) physical condition and skill level and acknowledge the types of injuries that may occur as a result of SCN Activities and the potential impact on an individual's well-being and lifestyle.
I Agree I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Steel City Ninja, LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that SCN cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SCN staff,protected parties mentioned above and other clients and their families.
I Agree I voluntarily seek services provided by Steel City Ninja LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my activity in any of our locations, inside or out. I attest that:
I Agree I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. I have not traveled internationally within the last 14 days. I have not traveled to a highly impacted area within the United States of America in the last 14 days. I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19. I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
I Agree I am following all SCN and CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19. I hereby release and agree to hold Steel City Ninja LLC harmless from and waive,on behalf of myself and protected parties, any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of SCN or that may otherwise arise in any way in connection with the spread, inclusion or failure to act in omission of the Coronavirus/COVID-19.