TeamMonty, LLC dba Humble Ninja Fitness (“Humble Ninja”) is a recreation facility which offers clients 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, and other tasks designed to increase the strength, endurance, general fitness, and confidence of the participant. Humble Ninja activities include running up the warped wall, rock climbing, swinging rope, cargo net, ring slider, double steps, quintuple steps, see a pole, jumping spider, balance beams, inflatables, dodgeball, basketball and many more. In addition to the client participating in Humble Ninja everyday activities, other activities available at Humble Ninja include parties, classes, competitions, camps, and special events.
While there are many benefits associated with these activities, Humble Ninja feels it is important that adult participants and the parent/legal guardian of minor participants (collectively “PARTICIPANT/PARENT”) knows that Humble Ninja activities, like all physical activities, involve some risks of injury that are inherent to the activity. Some of the inherent risks of the Humble Ninja activities include, but are not limited to falls (even on padded surfaces), collisions with other participants or with stationary objects, landing wrong on leaps or jumps, landing on another participant, over-exertion, attempting actions or maneuvers that are beyond a participant’s capacity, landing on a hard surface, slips and falls within the activity area or in other parts of the facility, unexpected failure of the equipment, and shifts in padding. Other inherent risks include erratic or careless behavior of the participant, erratic or careless behavior of other participants, supervisory or judgment error by Humble Ninja staff (e.g., misjudging the capacity of the participant and/or the failure to spot a hazard).
Further, Humble Ninja feels that it is important that the PARTICIPANT/PARENT understands the three types of injuries that can occur at the Humble Ninja facilities. First is the common Minor Injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, blisters, rope burns, and contusions. The second type of injury is the Serious Injury. Examples of serious injuries include, but are not limited to, severe sprains, broken bones, ligament and joint injuries, concussions, and eye injury. These are rare but may occasionally occur. The third type of injury is the Catastrophic Injury. Some examples of catastrophic injury include, but are not limited to, brain injury, paralysis, heart attack, and death.
I, the PARTICIPANT/PARENT, have read the above paragraphs and know that Humble Ninja activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level, and/or that of my minor child, and appreciate the types of injuries that may occur as a result of Humble Ninja activities. I hereby assert that my participation and/or the participation of my minor child, is voluntary and that I knowingly assume all risks of that participation.
In consideration of permission to use the Humble Ninja facilities and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, and assigns (hereafter referred to as “Releasing Parties”) do hereby release, waive, discharge, and covenant not to sue Humble Ninja, its owners, directors, officers, affiliates, employees, volunteers, independent contractors, equipment providers, agents, and facility owners (hereafter referred to as “Protected Parties”) from any and all claims and/or causes of action arising from or in any way related to my participation or the participation of my minor child in activities at the Humble Ninja facilities.
This agreement applies to: (1) any and all claims for personal injury or death arising from or in any way related to participation in Humble Ninja activities and/or use of the Humble Ninja facilities or equipment; and (2) any and all claims resulting from the damage to, loss of, or theft of property.
I, the PARTICIPANT/PARENT, also agree to hold harmless, defend, and indemnify Humble Ninja and Protected Parties (that is, defend and pay any judgments and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims and/or causes of action of Releasing Parties or others acting on my behalf, arising from my participation or the participation of my minor child in activities at Humble Ninja facilities. I further agree to hold harmless, defend, and indemnify Humble Ninja and Protected Parties against any and all claims of co-participants, rescuers, and others arising from my participation or the participation of my minor child in activities at the Humble Ninja facilities.
At either party’s request, any dispute arising under or relating to the PARTICIPANT/PARENT’s use of the Humble Ninja facilities, or presence at the facilities, including but not limited to claims for personal injury or death, will be submitted to a single, mutually-agreeable individual admitted to the State Bar of Texas (the “Arbitrator”). The parties shall appear before the Arbitrator in a mutually-agreeable location in Parker County, Texas. The Arbitrator shall use the rules and guidelines of the American Arbitration Association for prompt resolution, and Texas law shall apply. If Humble Ninja and I cannot agree upon the Arbitrator, the selection of the Arbitrator shall then be made by the senior district judge of Parker County, Texas. Humble Ninja and I agree to be bound by this provision and the results of such arbitration.
Any legal action by or on behalf of PARTICIPANT/PARENT to challenge the validity, applicability, or interpretation of this Agreement must be filed in a District Court of Parker County, Texas. PARTICIPANT/PARENT consents to personal and subject matter jurisdiction and venue in that court, and expressly waives the right to challenge jurisdiction or venue.
In order for Humble Ninja to more effectively provide for the safety, PARTICIPANT/PARENT must:
I, the PARTICIPANT/PARENT, have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this Agreement, and intend my signature to be a complete release of all liability of the Protected Parties, to the greatest extent allowed by law of the State of Illinois.
Additionally, I, the Parent/Guardian of a minor participant, assert that I have explained the risks of Humble Ninja activities and Humble Ninja safety rules to my minor son or daughter and that he or she understands the risks and agrees to follow the rules.
Additionally, I, the Parent/Guardian of a minor participant, assert that I have explained the risks of Humble Ninja activities and Humble Ninja safety rules to my minor son or daughter and that he or she understands the risks and agrees to follow the rules.