PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Hitsqaud Ninja Gym, their agents, owners, officers, volunteers, participants, personnel, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "HNG"), I hereby agree to release, indemnify, and discharge HNG, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in ninja warrior, parkour, mini trampoline and warped wall training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: trips, and falls; falling from equipment; collision with other participants, spectators, or objects; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; muscular soreness, tears, strains, sprains, dislocations, broken bones; cuts, musculoskeletal injuries including head, neck, and back; being struck by other objects dislodged or thrown from above; the use and potential or actual failure of climbing ropes and equipment; the risk of falling off the wall; loose and/or damaged artificial holds; abrasions from the walls, ropes, pads, or the floor; equipment failure; climbing out of control or beyond one’s personal limits; injuries to internal organs; the negligence of other climbers, visitors, participants, or other persons who may be present; transmissible pathogens or diseases; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Trampolines entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Trampolines expose its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants often fall off equipment, sprain or break wrists, ankles and legs, and can suffer more serious injuries as well. In any event, if you or your child is injured, any medical assistance will be at your own expense
Furthermore, HNG personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against HNG on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at HNG. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HNG from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of HNG's equipment or facilities,
including any such claims which allege negligent acts or omissions of HNG.
- Should HNG or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against HNG, I agree to do so solely in the state of Arizona, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.