WAIVER

ninja gym cedar falls

NINJA\U PARTICIPANT WAIVER

I, the undersigned on behalf of myself, and if applicable, any child over whom I am a legal guardian that I have also named below (collectively referred to as Participant), desire to voluntarily participate in the activities and services provided by Ninja U, LLC doing business as Ninja U at 5911 University Ave, Cedar Falls, IA and its affiliates, instructors, managers, officers, agents, employees, designers, licensors, and members.

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 Participant may elect to immediately stop participation should Participant determine that Participant is 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 are 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, and heart attack. Participant expressly accepts all risks associated with Participant’s participation in the Activity.
  3. Participant voluntarily releases, discharges, and agrees to indemnify and hold harmless NINJA U, its affiliates, instructors, managers, officers, agents, employees, designers, licensors, and members from any and all claims, demands or causes of action connected with Participant’s participation in this Activity and/or use of the equipment, obstacles, and facility which may arise from the acts or omission, other than any acts greater than ordinary negligence, of NINJA U. In the event that NINJA U incurs attorneys fees to enforce this agreement, Participant agrees to indemnify NINJA U and to hold NINJA U harmless for any such fees and associates 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 NINJA U to seek medical attention in the event of an injury and that Participant will be responsible, not NINJA U, for paying for any such care.
  5. Participant grants NINJA U 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 NINJA U shall vest in and remain with NINJA U.
  6. Participant agrees that in the event of litigation, the laws of the State of Iowa shall apply and consents to the jurisdiction of the Iowa District Court for Black Hawk County.
  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.

PARTICIPANT HAS CAREFULLY READ THIS PARTICIPATION AGREEMENT RELEASE, WAIVER OF LIABILITY & INDEMNIFICATION IN ITS ENTIRETY AND FULLY UNDERSTANDS 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 NINJA U AND THAT IT AFFECTS PARTICIPANT’S LEGAL RIGHTS. PARTICIPANT IS SIGNING 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.