In consideration of being permitted to enter the premises, gym either indoor or the backyard ninja gym and its related equipment and/or to observe or to participate in any way with Crescent City Ninja Academy (“Crescent City Ninja Academy L.L.C.) programs, events, boot camp, classes or activities including course setup and takedown whether on or off the premises. I, for myself, my personal representatives, assigns, heirs, and next of kin including spouse, minors, children, guests, unborn children or relatives:
1. I ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. I AGREE that my safety is primarily my own responsibility. I agree to make sure that I know how to safely participate in the activities, and I agree to observe any rules and procedures that may be instructed to minimize the risk of injury. I agree to stop and seek assistance if I do not believe I can safely continue and to refrain from any and all actions that would pose a hazard to myself or others.
3. I FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY, PARALYSIS, AND DEATH (“Risks”) and while particular rules, equipment, and personal discipline may reduce these Risks, these Risks of serious injury do exist; (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE RELEASEES; (c) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the minor, in the Activity.
5. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Crescent City Ninja Academy L.L.C., its affiliates, owners, directors, agents, officers, managers, partners, members, volunteers, employees, other participants, and its attorneys ("Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT If I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
I understand that Crescent City Ninja Academy Is not liable for any lost, stolen or damaged equipment or personal items brought to Crescent City Ninja Academy’s site or representative off-sites including competitions or backyard courses.
In the event of an accident, I authorize Crescent City Ninja Academy and its staff, to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor participant if, in the opinion of Crescent City Ninja Academy’s, medical care is needed and if I am not present or am unable to make such decisions for myself or minor. I agree to pay all costs associated with such actions on the part of Crescent City Ninja Academy, and to indemnify and hold Crescent City Ninja Academy harmless from any consequences resulting from such care.
I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor participant's, participation in all of Crescent City Ninja Academy’s Activities including use of its facilities, equipment and parking areas.
7. I GIVE PERMISSION to Crescent City Ninja Academy to use photographs, film footage, or video recordings which may include my image or voice, or that of the minor, while participating in the Activity, for purposes of promoting Crescent City Ninja Academy.
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 ALL 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.
Date Signed: September 21, 2023