Assumption of Risk, Waiver of Liability, & Indemnity Agreement
Nine Limbs Strikers, LLC is a martial arts and fitness training center. In addition to its NinjaZone area, Nine Limbs Strikers includes a large number of athletics and exciting novelty events. These include, but are not limited to, a ninja course, foam pits, airbag pits, trapeze swing over foam pits, swing-to-jump into foam pits, Olympic trampolines, trampoline dodgeball, an air track, an area for children under age six, an arcade, and a café/snack bar. There is a seating area for parents to observe.
The objective of Nine Limbs Strikers is to provide fun, excitement, challenge, and physical activity ranging from moderate to vigorous – depending upon the desire of the participant. While Nine Limbs Strikers provides many benefits for the participant, Nine Limbs Strikers activities, like all physical activities, involve some inherent risks (risks than cannot be eliminated without changing the nature of the activity). Nine Limbs Strikers feels it is important that the Adult Participant (or Minor Participant and Parent(s) or Guardian(s)) [hereafter referred to as Participant/Parent] understand the inherent risks of Nine Limbs Strikers activities.
There are several categories of inherent risks. General activity risks include, but are not limited to, landing incorrectly on airbag or foam, inadvertent falls from trapeze or swings, trip and fall over obstacles, slip on stairs or ladders, fall down stairs or ladders, collision with stationary objects, collision with other participants, and loss of balance causing one to strike equipment. Trampoline-related risks include, but are not limited to, striking an uncovered metal or other solid part of trampolines; landing incorrectly; trying prohibited actions such as double-bouncing; colliding with other participants; and landing on neighboring hard or mat-covered surfaces. Equipment related risks include, but are not limited to, equipment failure such as airbag deflation; malfunction of trapeze, swings, or other equipment; or any other known or unknown equipment or facility hazards. Spectator risks include, but are not limited to, slips/trips and falls; collisions with objects or other persons; seating collapse; injury from entering forbidden area or getting too close to the participants/equipment; burns from hot food or drink, and food borne illness. Participant- and co-participant-related risks include, but are not limited to, failure to follow Nine Limbs Strikers rules or directions; erratic, unexpected, and negligent actions of participant or co-participant; participant or co-participant misbehavior; entering forbidden area; and misuse of equipment. Staff-related risks include, but are not limited to, momentary distractions; inattention due to having to help another participant or other reasons; failure to recognize a danger in time; failure to make an instruction clear; misjudgment of participant ability or readiness; judgment mistake in emergency care; misjudgment in hiring a staff member; and failing to realize that staff training or emergency training was inadequate.
Nine Limbs Strikers feels that it is important that that the Participant/Parent understands the three types of injuries that can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, bruises, sprains, abrasions, and lacerations. Serious injuries are less common, but do occur occasionally. They include, but are not limited to, sprains and other injuries to ankle, knee, shoulder, neck, back, or other joints, broken bones, and a chipped or broken tooth. Catastrophic injuries are very rare; however, Nine Limbs Strikers feels that participants should be aware of this remote possibility. These injuries include permanent disabilities, spinal injuries, paralysis, and even death.
Assumption of Inherent Risks: I, the Participant/Parent, understand that the inherent risks of Nine Limbs Strikers activities are serious and that these activities involve risks regardless of the care taken by Nine Limbs Strikers. I realize that Nine Limbs Strikers activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and 1) I know the nature of the Nine Limbs Strikers activities; 2) I understand the demands of those activities relative to my physical condition and skill level; and 3) I appreciate the types of injuries that may occur as a result of such activities. I hereby assert that my participation at Nine Limbs Strikers is voluntary and that I knowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of Nine Limbs Strikers: In consideration of permission to use the property, facilities, equipment, and services of Nine Limbs Strikers, today and on all future dates, I, the Participant/Parent, (on behalf of myself, my spouse, children, parents, family members, heirs, personal representatives, assigns, and estate – referred to hereafter as Releasing Parties) do hereby waive, release, discharge and covenant not to sue Nine Limbs Strikers, LLC (dba Nine Limbs Strikers), including owners, directors, officers, employees, volunteers, independent contractors, agents, landlord, affiliates, equipment suppliers, and insurers (referred to hereafter as Protected Parties) from liability from any and all claims arising from the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Nine Limbs Strikers activities (including, but not limited to: recreational, practice, or competitive activity; events; instruction; facility design; individual use of facilities, equipment, toilets/shower/locker room areas, and all premises including the café, food service, stairs, associated sidewalks and parking lots) or presence on the premises and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification: I, the, also agree to hold harmless, defend, and indemnify Nine Limbs Strikers and other Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, expert witnesses, and related expenses) from any and all claims of Releasing Parties or others acting on behalf of Participant/Parent, arising from participation in Nine Limbs Strikers Activities or presence on the premises, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I further agree to hold harmless, defend, and indemnify Nine Limbs Strikers and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the Participant/Parent while on the premises utilized for Nine Limbs Strikers Activities.
Clarifying Clauses: I, the Participant/Parent, confirm and agree to the following:
1) Integration Clause. This is the entire agreement between Nine Limbs Strikers and me and cannot be modified or changed in any way by representations or statements by any agent or employee of Nine Limbs Strikers.
2) Severability Clause. This Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3) Venue, Jurisdiction, & Choice of Law. If legal action is brought arising from Nine Limbs Strikers activities, the appropriate venue for any legal action shall be in a court of competent jurisdiction located in Craven County, North Carolina, and that the substantive laws of the State of North Carolina shall apply.
Waiver of Jury Trial
This is a waiver of my constitutional right to a trial by jury for any and all causes of action arising from the Nine Limbs Strikers activities or my presence on the premises. I, the Participant/Parent, knowingly and voluntarily agree that any such dispute will be resolved by a bench trial (i.e., trial by judge).
Acknowledgements to Promote Participant Safety: These assertions aid Nine Limbs Strikers in providing for participant safety.
Health Status – I, the Participant/Parent, assert that:
Participant possesses sufficient physical fitness and coordination to enable safe participation in Nine Limbs Strikers activities.
Participant assumes the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, heart disease or high blood pressure).
Nine Limbs Strikers encourages each participant to get medical clearance prior to participation.
Participant will cease activity if there is discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
Emergency Care – I, the Participant/Parent, assert that:
Nine Limbs Strikers can administer emergency first aid, CPR, and AED if deemed necessary.
Nine Limbs Strikers can secure emergency medical care or transportation (i.e., EMS) if deemed necessary.
Participant assumes all costs of emergency medical care and transportation.
Rules & Safety – I, the Participant/Parent:
Confirm having viewed the safety video, understand the safety rules, and agree to abide by all safety rules.
Agrees to attempt only activities that participant feels capable of performing safely.
Agrees to inform Nine Limbs Strikers immediately if participant sees conduct or a facility condition that endangers participants.
Understands that Nine Limbs Strikers can terminate participation or require me to view the safety video again in cases of rules violation.
Release of Image – I, the Participant/Parent, agree that Nine Limbs Strikers can use my photo or video images for promotion (e.g., advertising, website).
Adult Participant
Acknowledgement of Understanding: I, the Adult Participant have read this Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to the Inherent Risks of Nine Limbs Strikers Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of North Carolina.
Nine Limbs Strikers
