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Flip Side Ninja Park, LLC and its Affiliated Entities

Waiver and Release of Liability

Waiver and Release of Liability

In consideration of being permitted to enter the premises, use the facilities, and allowed to participate in activities related to entertainment and fitness, including but not limited to open gym use, group classes, summer camp, obstacle races, ninja competitions, and private lessons, and/or observe or participate in any way in FLIP SIDE NINJA PARK, LLC ("Flip Side Ninja Park") and its affiliated entities including FLIP SIDE LOWELL, LLC, and FLIP SIDE CREATIONS, LLC (collectively referred to as "the Facility") programs, events or activities whether on or off the premises ("Activity"), I, for myself, and on behalf of any minor children (under age 18) under my legal guardianship (collectively, "Minor Children"), and on behalf of our heirs, estates, executors, representatives, administrators and assignees (collectively referred to herein as the "Participant"):

PARTICIPANT FITNESS AND SAFETY RESPONSIBILITIES

1.  Participant acknowledges, agrees, and represents that Participant understands the nature of the Activity and that they are qualified, in good health, and in proper physical condition to participate in such Activity and do not know of any condition or reason as to why Participant should not participate in the Activity. Participant further agrees and warrants that if, at any time, Participant (whether on behalf of itself or others) believes the conditions to be unsafe, Participant will immediately discontinue further participation in the Activity. 

I Agree
 

2.  Participant agrees that Participant's safety is primarily their own responsibility. Participant agrees to make sure that Participant knows how to safely participate in the Activity, and Participant agrees to observe any rules and practices that may be employed from time to time to minimize the risk of injury. Participant agrees to immediately stop and seek assistance if Participant does not believe they can safely continue, to limit their participation to reflect their personal fitness level, and to refrain from any and all actions that would pose a hazard to Participant or others. 

I Agree
 

MEDICAL ACKNOWLEDGEMENTS AND CONCUSSION PROTOCOL

3.  Participant agrees that they have fully read and understand the CONCUSSION INFORMATION SHEET as required by the Arkansas Activities Association (AAA) and understand what a concussion is and how it may be caused. Participant understands the importance of reporting a suspected concussion to their coaches and Participant's parents/guardian. Participant agrees that if it appears that Participant may have sustained a concussion or head injury that Participant is to be removed from any program activity until such time that a trained medical professional can examine Participant and approve their return to play in the Activity, pursuant to the AAA relating to concussion and other head injuries. In such case, Participant understands that Participant is to provide written clearance from a trained medical professional for Participant to return to play in the Activity. 

I Agree
 

4.  Participant authorizes the Facility to obtain emergency medical care for Participant if necessary and accepts responsibility for all related costs.

I Agree
 

INSURANCE DISCLOSURE

5.  Participant recognizes and acknowledges that the Facility DOES NOT CARRY any type of accident or health insurance policy on the participants in the Activity and that injuries can be catastrophic for those without proper medical coverage. Participant certifies that Participant has adequate insurance to cover any injury or damage Participant may cause or suffer while participating, and agrees to solely bear the costs of such injury or damage. Participant further certifies that Participant voluntarily and willingly assumes the risk of any medical or physical condition that Participant may have, whether known or unknown.

I Agree
 

ASSUMPTION OF RISK

6.  Participant fully acknowledges and understands that: (a) The Activity involves a high degree of risk and presents unique dangers connected with activities related to entertainment and fitness, including but not limited to: swinging, running up walls, jumping off mats, performing obstacles at elevated heights, climbing peg boards, falling from elevated heights, landing off of pads, slipping, getting hit by obstacles, and other ninja-style obstacles. Specific injury risks include sprains, strains, broken bones, head injuries, spinal injuries, torn ligaments, cuts, bruises, and in extreme cases, paralysis or death. Participant elects to voluntarily participate in the Activity, and to engage in such entertainment and fitness knowing that the Activity may be hazardous to Participant and/or Participant's property. Participant voluntarily assumes full responsibility for any and all risks of loss, property damage or personal injury, including the potential for disability, paralysis, and death ("Risks") and while particular rules, equipment, and personal discipline may reduce these Risks, these Risks of serious injury do exist and may not otherwise be eliminated. (b) These Risks and dangers may be caused by Participant's own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place and/or the NEGLIGENCE of the Releasees; (c) There may be other risks and/or social and economic losses either not known to Participant or not readily foreseeable at this time.

I Agree
 

7.  Participant knowingly and freely assumes all such risks, both known and unknown, even if arising from the NEGLIGENCE of the Releasees or others, and all responsibility for losses, costs, and damages Participant may incur as a result of their participation in the Activity.

I Agree
 

RELEASE OF LIABILITY AND COVENANT NOT TO SUE

8.  PARTICIPANT HEREBY EXPRESSLY AND UNCONDITIONALLY RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE THE FACILITY, OWNERS, DIRECTORS, AGENTS, OFFICERS, MANAGERS, PARTNERS, MEMBERS, VOLUNTEERS, EMPLOYEES, OTHER PARTICIPANTS, AND ITS ATTORNEYS ("RELEASEES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, ACTIONS AND CAUSES OF ACTION (WHETHER KNOWN OR UNKNOWN), OR DAMAGES ON PARTICIPANT'S ACCOUNT ARISING IN ANY WAY OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING PERMANENT DISABILITY OR DEATH, THAT MAY BE SUSTAINED BY PARTICIPANT OR PARTICIPANT'S PROPERTY, CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, WHILE PARTICIPATING IN SUCH ACTIVITY, OR WHILE IN, ON, OR UPON THE PREMISES WHERE THE ACTIVITY IS BEING CONDUCTED, TO THE FULLEST EXTENT PERMITTED BY ARKANSAS LAW, INCLUDING NEGLIGENT RESCUE OPERATIONS. Filing any lawsuit or claim covered by this Release shall constitute a material breach of this agreement.

I Agree
 

INDEMNIFICATION AND ATTORNEY FEES

9.  PARTICIPANT FURTHER AGREES THAT IF, DESPITE THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, PARTICIPANT, OR ANYONE ON PARTICIPANT'S BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASEES, PARTICIPANT WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST WHICH MAY INCUR DUE TO PARTICIPANT'S PARTICIPATION OR PARTICIPANT'S MINOR CHILD'S PARTICIPATION IN ACTIVITIES RELATED TO ENTERTAINMENT AND FITNESS, INCLUDING BUT NOT LIMITED TO OPEN GYM USE, GROUP CLASSES, SUMMER CAMP, OBSTACLE RACES, NINJA COMPETITIONS, AND PRIVATE LESSONS, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. If any legal action is brought on behalf of Participant in violation of this agreement, and the Facility prevails based on the enforceability of this waiver, Participant agrees to reimburse all reasonable attorneys' fees, court costs, and expert witness fees incurred by the Facility.

I Agree
 

PARENTAL AUTHORITY AND REPRESENTATION

10.  I represent and warrant that I am the parent or legal guardian of the Minor Children listed on this waiver and have full legal authority to execute this agreement on their behalf. If only one parent or legal guardian executes this agreement, that person represents and warrants they have full legal authority to bind any other parent or guardian and to bind the Minor Children to this agreement without consent of any other parent or guardian. I agree to indemnify and hold harmless the Facility from any claims by non-executing parents or guardians, or any claims by any individual challenging my authority to bind them or the Minor Children to this agreement, including all costs and attorneys' fees.

I Agree
 

ARBITRATION AGREEMENT

11.  Participant further agrees that all disputes arising out of, relating to, or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be finally resolved by arbitration, with the place of arbitration being Benton County, Arkansas. Each party shall bear its own attorneys' fees and costs, and the parties shall share equally the arbitrator's fees and administrative costs of arbitration, unless the arbitrator determines that a party has asserted claims or defenses that are frivolous or in bad faith, in which case the arbitrator may award fees and costs to the prevailing party.

I Agree
 

PHOTO AND VIDEO RELEASE

12.  Participant hereby grants the Facility permission to use Participant's likeness in a photograph, video, or other digital media ("photo") in any and all of its publications, including web-based publications, without payment or other consideration. Participant understands and agrees that all photos taken of Participant will become the property of the Facility and will not be returned. Participant hereby irrevocably authorizes the Facility to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, Participant waives any right to inspect or approve the finished product wherein Participant's likeness appears. Additionally, Participant waives any right to royalties or other compensation arising or related to the use of the photo.

I Agree
 

First Participant's Name
First Name*
Middle Name
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Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
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Participant's Date of Birth*
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Tenth Participant's Name
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Participant's Date of Birth*
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Parent or Guardian's Email Address
Email*
Confirm Email*
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Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
ELECTRONIC SIGNATURE AND FINAL ACKNOWLEDGMENT*
 I ACKNOWLEDGE THAT I AM AGE 18 OR OLDER, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT APPLIES TO MYSELF AND THE MINOR CHILDREN UNDER MY LEGAL GUARDIANSHIP LISTED ON THIS WAIVER. I REPRESENT THAT I HAVE THE PARENTAL OR LEGAL GUARDIAN AUTHORITY TO BIND SUCH MINOR CHILDREN TO THIS AGREEMENT. BY CLICKING "I ACCEPT" OR OTHERWISE ELECTRONICALLY SIGNING THIS AGREEMENT, I AGREE THAT MY ELECTRONIC SIGNATURE IS LEGALLY BINDING AND REPRESENTS MY CONSENT ON BEHALF OF MYSELF AND MY MINOR CHILDREN.


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