In consideration of the services of Shore Points Investors, LLC, operating as Ninja Beach, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "NB"), I hereby acknowledge and agree to release, indemnify, and discharge NB 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 NB facilities, services, equipment, or 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. I assume full, sole responsibility for such risks. NB offers a recreational facility which offers participants the opportunity to participate in a number of recreational activities designed for fun and fitness. Activities include maneuvering one’s body by climbing, jumping, swinging, hanging, balancing, resistance training and other tasks designed to increase the strength, endurance, general fitness and confidence of each participant. The risks include, among other things: falling off equipment and obstacles, sprain or break wrists, ankles and legs, and can suffer more serious injuries as well such as heart attacks, strokes, concussions, other brain injuries, paralysis, and death. While the more catastrophic injuries are much more remote, it is important to be aware of all possibilities. Participants in the training obstacles are inherently dangerous and can cause serious injury and must be done at the participants own risk. Additionally, there may be accidental injuries occurring anywhere in NB dressing rooms, showers, or other facilities. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. Furthermore, NB Employees might be unaware of a participant's health or abilities. Additionally, they may give incomplete warnings or instructions, and the equipment being used might malfunction. Other inherent risks include erratic or careless behavior of the participant or other participants.
2. I expressly agree and promise to accept and assume all the risks existing in the NB activities and training programs. My participation in the NB activities and training programs is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless NB from any and all claims, demands, or causes of action, which are in any way connected with my participation in NB activities or my use of NB's equipment or facilities including any such claims which allege negligent acts or omissions of NB.
4. Should NB 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.
5. 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. I further represent and warrant that (a) NB advised me to receive medical clearance from my private physician prior to starting or participating in any training program provided by NB, (b) I have consulted a physician concerning the training program, (c) I agree to follow all safety rules and instructions and where required safety equipment applicable to the activities, (d) I authorize NB to provide or make decisions for emergency medical care for me such as emergency medical transport, first aid, and CPR.
