Assumption of Risk, Waiver of Liability, and Indemnity Agreement
The activities at Faith for Hayden, Inc. events (hereinafter “FFH”) include, but are not limited to, dancing, swinging, jumping, running, and hanging. These events provide an opportunity for fun; wholesome recreation; and other benefits. Participating in any event, including FFH events, may involve certain risks. The activity and exertion level can range from moderate to very vigorous depending upon your desire. Activities are suitable for those with experience as well as those with absolutely no experience who use sufficient caution. Physical activities are at the core of FFH events, and as such can range from basic to challenging maneuvers and from moderate exercise to very vigorous and challenging exercise.
FFH regards your safety and the safety of others as a top priority. Regardless of best efforts taken to avoid injuries or responding to health or medical issues, some risks are inherent in the activity 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, landing incorrectly, weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes on other equipment, tripping or slipping while participating in activities, or while in or around event facilities. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by a FFH representative or volunteer; and injuries caused by negligence on the part of FFH, its representatives, volunteers, you or CO-PARTICIPANTS.
Assumption of Inherent Risks
I understand that the inherent risks of FFH activities are serious and that some of these activities involve risks regardless of the care taken by FFH. I realize that FFH activities require some degree of skill, coordination, and physical fitness. I hereby assert that my participation at FFH is voluntary and that I knowingly assume all inherent risks of the activity on behalf of myself and, if applicable, my child or ward.
Waiver of Liability for Ordinary
Negligence of FFH In consideration of permission to use the property, facilities, equipment, and services of FFH, today and on all future dates, I on behalf of myself do hereby waive, release, discharge and covenant not to sue FFH, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers — referred to hereafter as “PROTECTED PARTIES”) from liability from any and all claims, lawsuits, or causes of action, arising from the use of the FFH 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 law, 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 1. Personal injury (up to and including death) from incidents or illnesses arising from participation in Ninja Nation activities (including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; 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, your inability to work, resulting from any injury or loss.
Indemnification
I agree to hold harmless, defend, and indemnify FFH (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) from any and all claims brought by the RELEASING PARTIES arising from my death, injury, or loss due to involvement in FFH activities (including those arising from the inherent risks of the activity and/or the ordinary negligence of PROTECTED PARTIES.) I further agree to hold harmless, defend, and indemnify FFH and PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) against any and all claims of COPARTICIPANTS, rescuers, and others arising from my conduct in FFH events and facilities.