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PARTICIPATION AGREEMENT

RELEASE, WAIVER OF LIABILITY & INDEMNIFCATION

I, on behalf of myself, and if applicable, any child over whom I am a legal guardian, desire to voluntarily participate in the activities and services provided by Big Time Ninja LLC and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members (collectively referred to as "BTN").


In consideration of my decision to participate, Participant represents and agrees that:

  1. Participant is physically fit to participate in the strenuous physical activity associated with health and fitness training, obstacle performance training and recreational use of the ninja obstacles (the "Activity") and that I may elect to immediately discontinue participation should I determine that I am no longer physically fit to participate in the Activity.
  2. Participant understands that the Activity is a potentially hazardous activity involving known and unanticipated inherent risks which could include, but is not limited to, physical injury (musculoskeletal injuries, broken bones, concussions, overuse injuries, cuts and bruises), drowning, paralysis, permanent disability, death and property damage in addition to risks associated with most physical activities including fainting, shortness of breath, chest pain, strokes, heart attack. Participant expressly accepts all risks associated with Participants participation in the Activity.
  3. Participant voluntarily releases, discharges, and agrees to indemnify and hold harmless BTN from any and all claims, demands or causes of action connected with Participants participation in this Activity, use of the equipment, obstacles and facility which may arise from the acts or omission, other than any acts greater than ordinary negligence, of BTN. In the event that Big Time Ninja incurs attorney's fees to enforce this agreement, Participant agrees to indemnify BTN and to hold BTN harmless for any such fees and associated costs.
  4. Participant has adequate health insurance and/or financial resources to cover the cost of any injuries or damages which Participant may suffer due to Participant's participation in the Activity. Further, Participant grants consent to BTN to seek medical attention in the event of an injury and that Participant will be responsible, not BTN, for paying for any such care.
  5. Participant grants BTN the right to photograph, videotape, and/or record Participant and to forever use Participant's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation and without compensation to Participant. All property rights to any photographs or video material produced or prepared by BTN shall vest in and remain with BTN.
  6. Participant agrees that in the event of litigation, that the laws of the state of Minnesota shall apply and the action shall take place in the state of Minnesota.
  7. Participant agrees that if a court finds any portion of this agreement void or unenforceable, the remaining portions shall remain in full force and effect.
  8. Participant understands the novel corona-virus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. BTN has put in place preventative measures and protocols to reduce the spread of COVID-19; however, we cannot guarantee that Participant or Legal Guardian will not become infected with COVID-19. Further, attending any in-person BTN offering, could increase Participant's or Legal Guardian's risk of contracting COVID-19. By acknowledging this agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Participant and Legal Guardian may be exposed to or infected by COVID-19 by attending BTN, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at BTN may result from the actions, omissions, or negligence of myself and others, including, but not limited to, BTN employees, program participants, and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to Participant of Legal Guardian (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Participant or Legal Guardian may experience or incur in connection with Participant’s attendance at BTN. Participant hereby releases, covenants not to sue, discharges, and hold harmless BTN, its employees, representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of BTN, its employees, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any BTN program.


PARTICIPANT HAS CAREFULLY READ THIS PARTICIPATION AGREEMENT RELEASE, WAIVER OF LIABILITY & INDEMNIFICATION IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. PARTICIPANT MAY CONSULT WITH LEGAL COUNSEL PRIOR TO SIGNING IF PARTICIPANT CHOOSES TO DO SO. PARTICIPANT IS AWARE THAT THIS IS A LEGAL CONTRACT BETWEEN PARTICIPANT AND BTN AND THAT IT AFFECTS PARTICIPANT'S LEGAL RIGHTS. PARTICIPANT IS ACKNOWLEDGING THIS DOCUMENT AT PARTICIPANT'S ELECTION. PARTICIPANT AGREES TO BE BOUND BY THIS AGREEMENT. A COPY OF THIS AGREEMENT IS AUTHENTIC AND AS EFFECTIVE AS THE ORIGINAL.

As legal guardian of my designated student(s), I hereby consent to all student(s) participating in this facility's program(s). I recognize that potentially severe injuries can occur in any activity involving height or motion, including ninja warrior and related activities including, tumble tramp, trampoline, stunting, gymnastics and physical activity in general. I understand that it is the express intent of all staff and personnel to provide for the safety and protection of my student(s) and, in consideration for allowing my student(s) to use these facilities, I hereby COVENANT NOT TO SUE and FOREVER RELEASE this facility, affiliated and partner companies and organizations, property owners and lessors, staff, contractors, subcontractors, teachers, coaches, owners, directors and other members involved in this facility's program(s), from all liability and for any and all damages and injuries suffered by my student(s) during instruction, supervision, and/or control during any and all classes or extra activities.


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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