You agree that you are desiring to use Surge Ninja to participate in physical activities including a class, open gym, special event, summer program and/or competition occurring at the Facility and/or sponsored, organized, managed, operated or run by Surge Ninja Inc. The Activities include but are not limited to the use of climbing walls, cargo nets, zip lines, gymnastics equipment, matting placed at various heights, and/or any other activities. You acknowledge that using the Facility and participating in the Activities involves certain inherent risks, including the risk of death or serious personal injury and damage to and loss of property as a result of accidents, equipment failures or other causes. You hereby assume all such risk as a result of participating in any activity at the Facility. You hereby assume all such risks, as well as any other risks involved in using the Facility at any time. You hereby release, discharge and covenant not to the sue Surge Ninja Inc. and any of its affiliates or franchises and its or their owners, officers, directors, shareholders, members, volunteers, contractors, agents, representatives, landlords, insurers, and their respective successors and assigns, as well as any and all other persons or entities that might have any liability whatsoever to me (collectively the “Released Parties”) from and against any and all damages, actions, claims, causes of action and liabilities, whether known or unknown, suspected, anticipated or unanticipated, relating to or arising from any activity, occurrence or event involving the Facility, Activities and/or Surge Ninja Inc. This Release is intended to release and discharge the Released Parties from all damages, actions, claims, causes of action and liabilities of any nature, specifically including, but not limited to, damages actions, claims, causes of action and liabilities arising from or related to the negligence of the Released Parties, to the extent permitted by applicable law. This Release shall cover and include all areas, activities, equipment and personal property and facilities in or about the Facilities and/or related to the use of the Facility. You agree to indemnify, defend and hold harmless each of the other Released Parties from and against any claim, clause of action, loss, damage, judgment, fine, penalty, interest, liability and expense, including costs and attorneys’ fees, incurred by the Facility or any of the other Released Parties resulting from, arising out of, or in connection with my presence in and/or use of the Facility or any Activities. You agree that you are over the age of 18 years old. You understand that this Release applies to and binds your personal representatives, executors, heirs, and family. You agree that if you are signing on behalf of a minor, and that you agree to let the minor participate in the Activities at the Facility, that you do so only because you hereby agree to assume full responsibility for the safety of that minor child and that you fully release and hold harmless the Facility and the Released Parties in accordance with this You agree that you have carefully read this agreement and fully understand its contents. You are aware that this is a release of liability, that the release is a contract and that you sign it of your free will, and agree to be bound by its terms. We at Surge Ninja will make no evaluation or recommendation whether a participant is physically fit for any exercise activity. If the registered participant has any physical condition that may impair their ability to engage in these activities, it is their responsibility to obtain a physician's statement describing any limitations to participate in this program. It is always advisable to consult your physician prior to undertaking any physical exercise program.
I Agree August 9, 2025 |