Motus Ninjas LS Waiver

Motus Ninjas Lee's Summit : Policies

• All participants must be ages 4 and up.
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• All participants must wear clean, closed toed tennis shoes.
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• All participants agree to abide by the Safety Rules and Coach instruction while participating.
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I have carefully read and fully understand all policies listed above, and agree to abide by the policies set forth by Motus Ninjas, LLC.

I. ACKNOWLEDGMENT OF CORONAVIRUS/COVID-19 RISK

 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact, by contact with contaminated surfaces and objects, and through airborne droplets and aerosols. People reportedly can be infected and show no symptoms (asymptomatic) or be infected and show symptoms at a later date (pre-symptomatic), and, therefore, people spread the disease via asymptomatic or pre-symptomatic transmission. All of the exact methods of spread and contraction are currently unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious, debilitating, and potentially permanent injury, potentially life-threatening illness, and death. Motus LLC d/b/a Motus Ninjas, its members, agents, employees, affiliates, or licensees (hereinafter “Motus LLC”) cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Motus LLC’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Motus LLC’s services and/or enter onto Motus LLC’s premises you may be exposing yourself and/or Participant(s) to increasing your and/or Participant(s) risk of contracting or spreading COVID-19. I have read and understood the preceding two (2) paragraphs, and I am indicating my understanding by placing my initials here (Parent/Guardian Initials):

II. ASSUMPTION OF RISK

  I have read and understood the above warning concerning COVID-19. I understand that the ninja apparatus and fitness apparatus usage and training activities sponsored and provided by Motus LLC, in combination with the risk of COVID-19 spread, contraction, and transmission, possess inherent risks, including: RISKS ASSOCIATED WITH UNKNOWN ASYMPTOMATIC TRANSMISSION AND PRE-SYMPTOMATIC TRANSMISSION OF COVID-19; SERIOUS AND POTENTIALLY LIFE THREATENING ILLNESS AND BODILY INJURY FROM THE CONTRACTION OF COVID-19; PERMANENT DISABILITY, INJURY AND ILLNESS FROM THE CONTRACTION OF COVID-19; AND, DEATH. I ACKNOWLEDGE AND ASSUME THESE RISKS, AND I HEREBY CHOOSE TO ACCEPT THE RISK OF CONTRACTING COVID-19 FOR MYSELF AND THE PARTICIPANT(S) IN ORDER TO UTILIZE MOTUS LLC’S SERVICES AND ENTER MOTUS LLC’S PREMISES. THESE SERVICES ARE OF SUCH VALUE TO ME AND/OR TO THE PARTICIPANT(S), THAT I ACCEPT THE RISK OF BEING EXPOSED TO, CONTRACTING, AND/OR SPREADING COVID-19 IN ORDER TO UTILIZE MOTUS LLC’S SERVICES AND PREMISES IN PERSON. I have no knowledge that I or Participant(s) have tested positive or contracted COVID-19, and I agree to inform MOTUS LLC immediately if I learn at any time in the future that I or Participant(s) test positive for COVID-19. I have read and understood the preceding paragraph, and I am indicating my understanding and assumption of the risk by placing my initials here (Parent/Guardian Initials):

III. RELEASE & WAIVER OF LIABILITY

In consideration of Participant(s) being allowed to continue to participate in the activities sponsored or provided by Motus LLC and the execution of this Agreement, I HEREBY FOREVER RELEASE AND WAIVE MY RIGHT TO BRING SUIT AGAINST MOTUS LLC d/b/a MOTUS NINJAS, AND ITS MEMBERS, OWNERS, OFFICERS, DIRECTORS, MANAGERS, OFFICIALS, TRUSTEES, AGENTS, EMPLOYEES, OR OTHER REPRESENTATIVES IN CONNECTION WITH EXPOSURE, INFECTION, TRANSMISSION, AND/OR SPREAD OF COVID-19 RELATED TO UTILIZING MOTUS LLC’S SERVICES AND PREMISES. I ALSO SPECIFICALLY AGREE THAT MOTUS LLC SHALL NOT BE RESPONSIBLE FOR SUCH COVID-19 RELATED PERSONAL INJURIES, DAMAGES, OR LOSS IN THE EVENT OF NEGLIGENCE BY MOTUS LLC, WHETHER SUCH NEGLIGENCE IS PRESENT AT THE TIME OF THE SIGNING OF THIS AGREEMENT OR TAKES PLACE IN THE FUTURE. THIS RELEASE AND WAIVER DOES NOT APPLY TO GROSS NEGLIGENCE, INTENTIONAL TORTS, OR ACTIVITIES AGAINST THE PUBLIC INTEREST BY MOTUS LLC. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I have read and understood the preceding paragraph, and I am indicating my understanding of this release and waiver of liability by placing my initials here (Parent/Guardian Initials):

IV. PARENTAL INDEMNITY

 If I, Participant(s), or anyone on Participant(s) behalf, make a claim based in negligence, including future negligence, against Motus LLC, I agree to indemnify and hold harmless Motus LLC from any loss, liability, or costs, including legal fees and costs and expenses, arising from such claim. PARENT/GUARDIAN INITIALS:

V. CHOICE OF LAW

I understand and agree that the law of the State of Missouri will apply to this agreement. 

VI. REMEDIES CUMULATIVE

 I understand and agree that the rights and remedies of Motus LLC in this release are cumulative and not alternative. In addition, and without limitation, I agree Motus LLC may avail itself to all other applicable rights, remedies, and liability protection existing at law or in equity, whether existing now or in the future, including, and not limited to, any specific COVID-19, coronavirus, or pandemic liability protection statute, law, regulation, or order that may go into force after the date of this agreement.

VII. SEVERABILITY

 I understand and agree that in case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof or thereof, but each shall be construed as if such invalid, illegal or unenforceable provision had never been included. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS AGREE MENT, AND I FREELY AND KNOWINGLY CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ASSUMING THE RISK AND WAIVING MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: