California Ninja – Assumption of Risk, Waiver of Liability, and Indemnity Agreement
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
This Agreement applies to participation in any activities at California Ninja, LLC (“California Ninja”), including its physical facilities and mobile/temporary obstacle course equipment or events.
1. Assumption of Inherent Risks
I acknowledge that participation in activities at California Ninja involves physical activities including, but not limited to: climbing, swinging, running, jumping, crawling, balancing, and use of obstacle-course-based equipment, whether fixed or mobile.
I understand these activities carry inherent risks which cannot be completely eliminated despite safety precautions. Risks include, but are not limited to: slips, falls, and collisions with structures or other participants; injuries from improper landings or contact with exposed equipment; equipment malfunction or misjudgment by staff or participants; aggravation of pre-existing conditions.
I certify that I (or my child/ward) am voluntarily participating and knowingly assume all inherent risks associated with these activities.
2. Waiver and Release of Liability
In consideration for being permitted to use California Ninja’s facilities, mobile equipment, and participate in its programs, I, on behalf of myself, my child/ward, heirs, executors, and assigns (“Releasing Parties”), waive, release, and discharge California Ninja, its officers, owners, employees, agents, volunteers, contractors, landlords, and affiliates (“Released Parties”) from any and all claims arising from:
- Ordinary negligence of the Released Parties
- Personal injury (including death), illness, or property damage
- Participation in any activities, classes, competitions, events, or use of equipment/facilities, including mobile/temporary setups
This waiver does NOT apply to gross negligence, reckless misconduct, or intentional wrongdoing.
3. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims brought by me, my child/ward, or any third party, arising from:
- My or my child/ward’s conduct at or around California Ninja
- Injuries, damages, or losses caused by me or my child/ward
- Any breach of this Agreement
This includes attorneys’ fees and all legal costs incurred.
4. Health Certification
I certify that I and/or my child/ward:
- Are physically and mentally able to safely participate
- Have no medical condition that would make participation unsafe
- Will cease activity if experiencing discomfort or injury
- Have been advised to consult a physician before engaging in strenuous physical activity
5. Use of Likeness
I grant California Ninja the right to use photos/videos taken during participation for marketing, media, or promotional purposes, unless I notify them in writing otherwise.
6. Dispute Resolution and Governing Law
Any dispute or claim arising under this Agreement shall first be resolved through good-faith mediation. If unresolved, the dispute shall be submitted to binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association.
This Agreement shall be governed by the laws of the State of California.
7. Additional Terms
This Agreement represents the entire agreement and supersedes all prior representations. If any provision is found invalid, the remainder shall remain enforceable. This Agreement may not be modified orally.
8. Communicable Disease Acknowledgment
I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I and/or my child/ward may be exposed to or infected by such diseases by attending California Ninja. I understand that such exposure may result from the actions, omissions, or negligence of myself or others, including but not limited to staff, other participants, and their families, and I voluntarily assume all such risks.
9. Emergency Medical Care Authorization
I authorize California Ninja staff to administer emergency first aid, CPR, and AED if necessary. I further authorize California Ninja to secure emergency medical care or transportation (e.g., EMS) as deemed necessary. I agree to be financially responsible for any resulting medical treatment or transportation services.
10. Rules and Safety Compliance
I agree (on behalf of myself and/or my child/ward) to obey all posted rules, safety instructions, and verbal commands from California Ninja staff. I will only attempt activities I believe I (or my child/ward) can safely perform and will notify staff of any unsafe conditions or behavior. I understand that California Ninja may revoke participation privileges at any time for safety concerns.
11. Likeness Release
I grant California Ninja the unrestricted right to use my and/or my child’s/ward’s image, likeness, voice, and name in photos, videos, and other media for marketing, advertising, or promotional purposes without compensation or prior approval.
12. Electronic Signature Validity
If this waiver is signed electronically, I agree that my electronic signature is the legal equivalent of my handwritten signature.
13. Minor Participant Coverage
I certify that I am the parent or legal guardian of the minor(s) listed below. I understand that minors under age 5 must be accompanied on the obstacle course by a parent or legal guardian at all times. I assert that I have explained the nature of the activities and the risks involved to the minor(s) and that they understand and accept them.
14. Acknowledgment and Consent
By signing below, I acknowledge that I have read, understood, and voluntarily agree to this Assumption of Risk, Waiver of Liability, and Indemnity Agreement.
I am aware that by signing this document, I am giving up legal rights, including the right to sue for ordinary negligence.
