WAIVER AND RELEASE OF LIABILITY
Fitset, Inc. (hereinafter called Fitset Ninja) located at: 11511 120th street NW, Edmonton, AB and 3691 19 St NE, Calgary, AB
*Express assumption of risk: I, the undersigned, ("I", "Me" or "Participant") am aware that there are significant risks involved in all aspects of physical training and obstacle course use. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I assume full responsibility, on behalf of myself and any minor for which I am responsible (the "Minor"), for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity, class or open gym session while at Fitset Ninja.
I, acknowledge that I have no physical impairments or illnesses that will endanger myself or others.
*RELEASE: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am, or Minor is, willingly and voluntarily participating in the activities available at Fitset Ninja or Fitset Ninja's mobile obstacle course, I, the undersigned hereby waives, releases and irrevocably discharges Fitset Ninja, their principals, officers, directors, agents, suppliers, landlords, employees, volunteers and any other representatives (collectively, the "Released Parties") from any and all liability, claims, demands, actions or rights of action, or losses, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the Released Parties.
*This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
*If I am signing on behalf of a minor child, I also give full permission for any person connected with Fitset Ninja to administer first aid deemed necessary for myself and/or the child, and in case of serious illness or injury, I give permission to call for medial and or surgical care for myself and/or the child and to transport myself and/or the child to a medical facility deemed necessary for the well-being of myself or the child. I represent and warrant that I have the authority to give such permission in respect of the Minor.
*I hereby grant Fitset Ninja, its assigns, licensees and legal representatives the irrevocable right to use my name or the Minor's name/photograph/image/audio recording/video recording/ and likeness ("My Image") in all forms and manner including but not limited to publication on Internet Web Sites, broadcasts and any other publications as released to or by Fitset Ninja. I understand that Fitset Ninja cannot control unauthorized use of My or Minor's Image by persons not associated with Fitset Ninja once My or Minor's Image has been published. I hereby forever waive any right to inspect or approve any publication of My or Minor's Image by Fitset Ninja. I also agree to receiving notifications, newsletters and other promotional information from Fitset Ninja and it's event sponsors, and understand that I can opt out at any time in the future.
*I have carefully reviewed and understand the above provisions and agree to be bound by them. I voluntarily and irrevocably give my consent and agree to this Waiver & Release.
INDEMNIFICATION: The Participant recognizes that there is risk involved in the types of activities offered by Fitset Ninja. Therefore, the Participant accepts financial responsibility for any injury that the Participant or the Minor may cause either to him/herself or to any other participant and/or Minor due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Fitset Ninja, the Released Parties from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional acts or omission while participating in activities offered by Fitset Ninja.
I have read and understand the foregoing assumption of risk, and release of liability and I understand that by signing this form I am waiving valuable legal rights.