PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

 

I understand and acknowledge that by signing below, I am legally agreeing to all of the following statements in exchange for being permitted to participate in a Team Ninja Event (“Team Ninja Event”), which includes all or part of the following: (a) participation in a Team Ninja Event (“Team Ninja Event”), and (b) Team Ninja Event personnel and/or Team Ninja Event participant-led social activities pre- and post- the Team Ninja Event.

1.         I understand that participating in a Team Ninja Event is an extremely hazardous activity. I acknowledge that a Team Ninja Event is an extreme and unreasonable test of my physical and mental limits that carries with it inherent risks of physical injury that cannot be eliminated completely, including but not limited to an above-average risk of death and/or serious injury. Performing exercises during a Team Ninja Event wearing a rucksack filled with bricks or carrying anything of weight whatsoever, including but not limited to logs and/or other Team Ninja Event participants, is especially hazardous and brings with it unique dangers that may not be known prior to their occurrence.

2.         I expressly, knowingly and voluntarily assume all of the risks of participating in a Team Ninja Event. I understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with spectators, personnel, and other pedestrians; contact or collision with motor vehicles or machinery; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and man-made fixed objects; natural and man-made water, road and surface hazards; close proximity and/or contact with thick smoke and/or open flames; inadequate competition equipment and/or equipment failure; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect course conditions; and inadequate safety measures.

I understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss.

I understand that the risks of participating in a Team Ninja Event may be caused in whole or in part by: my own actions or inactions; the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Parties (as defined below). I agree that prior to participating in a Team Ninja Event I will inspect the facilities, equipment and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel and take actions to protect myself and others. I accept full and sole responsibility for the condition and adequacy of my equipment and my assessment of all apparent aspects of the facilities and areas to be used, even those to which I was granted no prior knowledge. I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in a Team Ninja Event.

3.         I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate in a Team Ninja Event. I hereby represent that I am, and on the dates of the Team Ninja Event will be, in good health and in proper physical condition to safely participate in the Team Ninja Event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the Team Ninja Event, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by a medical practitioner.

I understand that the Team Ninja Event is such an extreme test of human physical and mental limits that I may not be able to safely complete it, even if I am sufficiently fit, healthy, skilled and physically trained to safely participate. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Team Ninja Event. I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others. I acknowledge and agree that I will not be reimbursed any portion of any fees paid for participation in the Team Ninja Event if I withdraw before completing the Team Ninja Event, as I understand that all fees are paid only in exchange for the opportunity to participate to the best of my ability as described in this document, and in no way reflect an entitlement to complete the Team Ninja Event.

I understand that I am strongly advised to consult a medical practitioner before participating, especially if I am pregnant, disabled, or have recently suffered any illness, injury, or impairment. I attest that I am covered by medical insurance, individually or as part of an organization. I will not participate in any aspect of the Team Ninja Event if I am not covered by medical insurance at such time.

4.         I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any point during the Team Ninja Event. I understand the dangers associated with the use or consumption of alcohol and/or drugs and I recognize that such use or consumption might impair my judgment and motor skills. I certify that I am not, and on the dates of the Team Ninja Event will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in the Team Ninja Event or any aspect of it. I assume full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or consumption of alcohol and/or drugs at any point during the Team Ninja Event.

I further understand that the risks and dangers described in the paragraph above include but are not limited to all risks and dangers associated with the consumption of alcohol before, after, or during participation in the Team Ninja Event. I understand that the Team Ninja Event is an extreme test of mental and physical fitness and that the risks and dangers of consuming alcohol before, after, or during such a test may be magnified. I take full responsibility for any decision to consume alcohol before, after, or during the Team Ninja Event and I understand that it is my responsibility to know my own limits. I also understand that the responsibility for injury, loss or damage that I assumed in the paragraph above includes but is not limited to full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with any such decision to consume alcohol. I hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section.

5.         I agree to abide by the rules of the Team Ninja Event and to comply with the directions and instructions of Team Ninja Event personnel. I agree to become familiar with and abide by all written and/or posted rules of the Team Ninja Event, as well as all written and/or posted rules of any venue site, facility, or location at which Team Ninja Event activities are being held. I further agree to comply with all directions, instructions and decisions of Team Ninja Event personnel, including but not limited to instructions or directions relating to the manner of my safe participation in the Team Ninja Event or continued participation in the Team Ninja Event at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of the Team Ninja Event.  I also understand that my participation in any of the challenging activities that happen during the Team Ninja Event are optional at my sole discretion, and that Team Ninja Event personnel do not force me to do any of the team or individual based activities. I understand that I am free to quit the Team Ninja Event at any time at my sole discretion.

 

AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK AND ASSUMPTION OF RISK

In addition to the above, I specifically acknowledge and agree to abide by the following rules during the Team Ninja Event: no urination or defecation is permitted outside of designated areas; no wheeled conveyances or pets are allowed in the Team Ninja Event at any time; and no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted. I also specifically agree to obey all civil and criminal laws, including traffic laws and regulations.

I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude. I understand that the Team Ninja Event personnel may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind.

6.         I consent to receive medical care and treatment as determined by Team Ninja Event personnel. In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of Team Ninja Event personnel and/or appropriate medical professionals. If necessary, I authorize Team Ninja Event personnel to consent to such medical care and treatment on my behalf.

I agree to assume liability for any and all medical costs incurred as a result of my participation in the Team Ninja Event that are not covered by my insurance, including but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs.

7.         I grant permission to Team Ninja, and any of their affiliated entities to use my photograph and/or any other record of my participation in the Team Ninja Event for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during the Team Ninja Event by Team Ninja (“Team Ninja”), or by either of their affiliated entities or contractors and/or the media become the sole property of Team Ninja. I grant the right, permission and authority to Team Ninja and any of its affiliated entities to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Team Ninja and any of its affiliated entities or contractors, have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.

8.         I acknowledge that Team Ninja reserves the right to cancel or reschedule any or all aspects of the Team Ninja Event in the event of emergency or other disaster. I acknowledge that Team Ninja in its their sole discretion may delay, modify or cancel any or all aspects of the Team Ninja Event if natural or man-made emergencies make administering any aspect of the Team Ninja Event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of Team Ninja, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. I further acknowledge that Team Ninja in its sole discretion may also delay, modify or cancel any or all aspects of the Team Ninja Event if conditions during any anticipated part of the Team Ninja Event, in the sole judgment of Team Ninja, are in any way unsafe. In the event of a delay, modification, or cancellation of any or all aspects of the Team Ninja Event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the Team Ninja Event.

9.         I hereby waive, release and forever discharge Team Ninja and the other Released Parties from any and all claims I may have arising out of my participation in the Team Ninja Event. I covenant and agree not to sue Team Ninja or any of the other Released Parties for any such claims. In consideration of being permitted to participate in the Team Ninja Event, I hereby waive, release and forever discharge the following parties (the “Released Parties”) from any and all Claims (as defined below): Team Ninja and its directors, officers, employees, agents, contractors, insurers and volunteers; Team Ninja and its directors, officers, employees, agents, contractors, insurers and volunteers; all Team Ninja Event sponsors, advertisers, expo participants, organizers, promoters, directors, officials, property owners or lessees and all their directors, officers, employees, agents, contractors, insurers and volunteers; all other persons or entities involved with the Team Ninja Event including Team Ninja Event participants; all national, state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with the Team Ninja Event itself; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing.

In consideration of being permitted to participate in the Team Ninja Event, I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non- economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the Team Ninja Event or my travel to or from the Team Ninja Event. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the sites of the Team Ninja Event or elsewhere); and claims for medical or hospital expenses. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties.

I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.

10.       I hereby agree to indemnify, defend and hold harmless Team Ninja and the other Released Parties from any and all expenses incurred and claims made that relate to my breach of this Agreement. I hereby agree to indemnify, defend and hold harmless Team Ninja and the other Released Parties from any and all expenses incurred and all claims made by myself or others (including but not limited to court costs, attorneys’ fees and litigation expenses) that arise out of or result directly or indirectly from my breach or failure to abide by any part of this Agreement, my failure to follow any rules or directions as defined in Section 5 above, and/or any of my actions or inactions which cause injury or damage to any other person or property.

I understand that this agreement to indemnify, defend and hold harmless operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.

I understand and acknowledge that by checking the box below or signing below, I agree that the statutes and laws of the State of Indiana will apply to all matters relating to this Agreement, including participation in the Team Ninja Event, regardless of the actual location of the Team Ninja Event or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with Team Ninja resides in the courts of the State of Indiana and expressly consent to the exercise of personal jurisdiction in the State of Indiana in connection with any dispute. I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the State of Indiana, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.