Adventure Fitness Liability Waiver (5440)
Adventure Fitness Waiver
I am completing this Agreement as an Adult Participant or as the Parent or Legal Guardian of the participant listed below,
ASSUMPTION OF RISK, WAIVER/RELEASE OF LIABILITY, INDEMNITY,
ARBITRATION, and LIKENESS AGREEMENT
The activities at Adventure Fitness Nashville LLC (hereinafter "AFH") include, but are not limited to, climbing, swinging, crawling, jumping, running, and hanging. These activities provide an opportunity for fun; improved physical fitness; vigorous healthful exercise; exciting group competition; improved agility and balance; wholesome recreation; and other benefits. Participating at AFH involves activities which contain certain risks. The particular activity and exertion level can range from moderate to very vigorous depending upon the activity involved. The offerings at AFH are suitable for those with experience with obstacle courses, as well as those with absolutely no experience. Physical activities are at the core of AFH, and such can range from basic to challenging maneuvers and from moderate to very vigorous and challenging exercise. Only you know your (and, if applicable, the minor) abilities, limitations, and prior medical history, and hence, you should evaluate whether or not you and, if applicable, the minor listed below should participate. You should be in good physical condition, and free from any current or recent illness, prior neck or back issues/complaints/medical treatment, and pregnant women should only participate with the consent of their medical doctor.
AFH considers your safety and the safety of others a top priority. We endeavor to reduce the traditional risks associated with obstacle courses by having padded rails, padded hard-surface areas, padded flooring, and padded landing areas, and available instruction, trained supervisors, trained spotters, personnel certified in emergency care, and/or other safety features. However, regardless of the foregoing, some risks are inherent in the activities and cannot be totally eliminated. These inherent risks include, but are not limited to, falls, collisions with other participants (hereafter referred to as "CO-PARTICIPANTS"), contacting a hard surface (e.g., an uncovered beam, frame, or rail; exposed springs or hooks), landing incorrectly, weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes on other equipment, losing your balance and/or grip, tripping or slipping while participating in activities, or while in or around the facility. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by a AFH employee; and injuries caused by negligence on the part of AFH , its employees, you or CO-PARTICIPANTS.
ACCEPTANCE OF RISKS
I, on behalf of myself, and if applicable, on behalf of the minor listed, understand that the inherent risks of AFH activities as noted above, are serious. I further acknowledge that AFH activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and:
I fully know and appreciate the nature of the AFH activities;
I understand the demands of those activities relative to my physical condition, abilities, limitations and skill level; and
I fully appreciate the types of injuries that may occur as a result of such activities.
I hereby agree that my, and, if applicable, the minor’s (as listed) participation at AFH is voluntary and that I, on behalf of myself and, if applicable, the minor listed below, knowingly assume all inherent risks of the activities noted above.
I acknowledge and accept the Acceptance of Risks content above.
WAIVER AND RELEASE OF LIABILITY FOR ORDINARY NEGLIGENCE
In consideration of permission for me and/or the minor listed below, to use the property, facilities, equipment, and services of AFH, today and on all future dates, I (on behalf of myself and/or the minor listed below, my child, my spouse, heirs, personal representatives, my estate, my parents and assigns referred to hereafter as "RELEASING PARTIES") agree not to sue, waive, release, and discharge AFH, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers, and owners of the subject building (referred to hereafter as "PROTECTED PARTIES") from any and all liability arising from or related to all claims, lawsuits, or causes of action, arising from the presence on, and/or use of the AFH facilities, including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the laws of Tennessee, and encompasses any claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the activities or otherwise).
This agreement applies to, but is not limited to:
1. Personal injury (up to and including death) from incidents or illnesses arising from participation in AFH activities (including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and/or instruction; presence on the facilities; individual use of facilities, equipment, shower/locker room areas, and all premises including the cafe, elevator, stairs, associated sidewalks and parking lots);
2. Any and all claims resulting from the damage to, loss of, or theft of property; and
3. Consequential and other damages, such as but not limited to, inability to work, resulting from any injury or loss.
I acknowledge and accept the Waiver and Release of Liability for Ordinary Negligence content above.
I, on behalf of myself and, if applicable, the minor listed below, also agree to hold harmless, defend, and indemnify PROTECTED PARTIES (including, but not limited to defending any lawsuit or arbitration, and paying any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) from any and all claims, lawsuits or arbitrations brought by the RELEASING PARTIES arising from my and, if applicable, the minor listed below, death, injury, or loss due to involvement in AFH activities (including those arising from the inherent risks of the activity and/or the ordinary negligence of PROTECTED PARTIES.)
I, on behalf of myself and, if applicable, the minor listed below, further agree to hold harmless, defend, and indemnify PROTECTED PARTIES(including, but not limited to defending any lawsuit or arbitration, and paying any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) against any and all claims, lawsuits or arbitration proceedings, of CO-PARTICIPANTS, rescuers, and others arising from my and/or, if applicable, the minor’s conduct, including, but not limited to negligent conduct, in the course of using the AFH facilities.
I acknowledge and accept the Indemnification content above.
AGREEMENT TO ARBITRATE AND WAIVER OF JURY TRIAL
I, on behalf of myself and, if applicable, the minor listed below, agree that if any dispute shall arise from this Agreement, and/or any personal injury or wrongful death claim is pursued, the dispute shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. I, ON BEHALF OF MYSELF AND THE MINOR LISTED BELOW, ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT, AND PARTICULARLY THIS PROVISION, I AND, IF APPLICABLE THE MINOR LISTED BELOW, ARE GIVING UP THE RIGHT TO A TRIAL BY JURY, AS IT RELATES TO THE ADJUDICATION OF ANY CLAIM FOR PERSONAL INJURY OR DEATH.
1. I, on behalf of myself and, if applicable, the minor listed below, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and, if applicable, the minor listed below, and PROTECTED PARTIES, and cannot be modified or changed in any way by representations or statements by any agent or employee of PROTECTED PARTIES.
2. I, on behalf of myself and, if applicable, the minor listed below, agree that if any portion of this Agreement is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
3. I acknowledge, on behalf of myself and, if applicable, the minor listed below, that PROTECTED PARTIES are providing recreational services, and are not selling or leasing a product. By payment of any fee to such parties, I, and/or the minor listed below, obtain a non-exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable under any products/strict liability claim.
I acknowledge and accept the Agreement to Arbitrate and Waiver of Jury Trial content above.
Acknowledgements to Promote Safety at AFH
I, on behalf of myself and, if applicable, the minor listed below, agree as follows:
To read and obey all posted signs, including all safety-related rules while participating.
Listen to and obey all oral instructions, including those from employees and/or the safety video.
To attempt only activities that I and/or the minor listed below, feel capable of performing safely.To inform AFH immediately if I and/or the minor listed below, see conduct or a facility condition that poses a risk to others.
That I and/or the minor listed below, understand the importance of safety rules and safety equipment.
That AFH has the authority to terminate participation if there is deemed a potential risk to you or others.
I acknowledge and accept the Safety guidelines above.
I understand that this Agreement shall take effect on the date of execution, and shall remain in effect any other date that I and/or the minor listed below, participate in the activities at AFH in the future. I understand that this Agreement's effect is not limited to the date on which it is executed.
I grant AFH permission to use my likeness, and/or the likeness of the minor listed below, in its publications, websites, marketing and other materials without payment, and without any prior approval of any and all publications, websites, marketing and other materials that contain my likeness, and/or the likeness of the minor listed below.
I acknowledge and accept the Likeness Release content above.
Acknowledgment of Understanding
I understand that I am giving up substantial legal rights, including my rights and, if applicable, the rights of the minor listed below, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, the minor listed below, am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to inherent risks of the activity or ordinary negligence by the PROTECTED PARTIES, to the greatest extent allowed by law of the State of Tennessee. If I sign this document electronically, I confirm that my electronic signature will be deemed the same as my written signature.
I further confirm that I have read this Agreement and fully understand its terms. If applicable, I assert that I have explained the risks of the activities to the minor listed below, and that he or she understands the same.
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