Definitions:
• “Activity” refers to any form of participation, observation, or engagement with the premises, gym, indoor and outdoor courses, events, obstacles, related equipment, programs, boot camps, classes, or activities, including course setup and takedown, whether on or off the premises located at 3511 Polk Street, Houston, Texas 77005.
• “Apex Ninja Warriors” refers to Apex Ninja Warriors, LLC, encompassing its facilities and the full spectrum of activities it offers.
• “Participant” includes the individual engaging in the Activity, along with their personal representatives, assigns, heirs, next of kin including spouse, minors, children, guests, unborn children, or relatives.
• “Releasees” refers to Apex Ninja Warriors, LLC, including its affiliates, owners, directors, agents, officers, managers, partners, members, volunteers, employees, other participants, attorneys, and any other individuals or entities acting on its behalf.
• “Risks” encompasses the potential dangers and hazards associated with participating in the Activity, including but not limited to serious bodily injury, permanent disability, paralysis, and death. These Risks may arise from the Participant’s actions or inactions, the actions or inactions of others involved in the Activity, the conditions under which the Activity takes place, or the negligence of the Releasees. The term also includes other risks and social and economic losses that may not be known or are not readily foreseeable at this time.
Agreement:
1. Acknowledgment of Risks: I, the Participant, understand the nature of the Activity and acknowledge the inherent Risks involved. I affirm that I am in good health, with the appropriate physical condition to participate. Should I perceive any danger, I will cease participation immediately.
2. Responsibility for Safety: I recognize that ensuring my safety is primarily my responsibility. I commit to understanding how to safely engage in the Activity, following all safety guidelines, and ceasing participation if it becomes unsafe for me to continue.
3. Assumption of Risk: I knowingly and willingly assume all Risks associated with the Activity, even those arising from the negligence of the Releasees. I accept full responsibility for any personal injury, disability, or death that may result from my participation.
4. Release and Waiver: I hereby release and forever discharge Apex Ninja Warriors, LLC, and the Releasees from any claims, demands, or causes of action that I may have arising from my participation in the Activity, including those caused by the negligence of the Releasees.
5. Indemnification: Should I, or anyone acting on my behalf, bring a claim against the Releasees, I agree to indemnify and hold harmless the Releasees from any associated costs, including legal fees.
6. Personal Property: I acknowledge that Apex Ninja Warriors, LLC is not responsible for any lost, stolen, or damaged personal items brought to the premises.
7. Medical Authorization: In the event of an injury, I authorize Apex Ninja Warriors, LLC to secure medical treatment for me, including transportation to a medical facility if necessary. I agree to bear the costs of such treatment and indemnify Apex Ninja Warriors, LLC against any consequences of such care.
8. Media Release: I grant Apex Ninja Warriors, LLC permission to use images or recordings of me for promotional purposes. I agree to tag Apex Ninja Warriors, LLC in any social media posts that feature images taken at the facility.
Acknowledgment:
I confirm that I am at least 18 years of age and have read and fully understood this Waiver and Release of Liability Agreement. I am aware that by typing my name digitally below/signing this agreement, I am waiving substantial legal rights, including the right to sue. I sign this document voluntarily and with full understanding of its consequences.
Please list any allergies and instructions for participant. If none, please type "NONE".