RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK; AND INDEMNITY
AGREEMENT ("AGREEMENT") I represent that I understand the nature of this
activity and that I am qualified, in good health and in proper physical
condition to participate in such activity. I acknowledge that if I
believe event conditions are unsafe or I am unable to safely perform any
activity, I will immediately discontinue participation in the activity.
I fully acknowledge, understand, appreciate and agree, that this
activity involves risks of serious bodily injury, including permanent
disability, paralysis and death, which may be caused by my own actions,
or inactions, those of others participating in the event, the conditions
in which the event takes place, or the negligence of USA Ninja
Challenge Durham; and that there may be other risks either not known to
me or not readily foreseeable at this time; and I fully accept and
assume all such risks and all responsibility for losses, cost, and
damages I incur as a result of my participation in the activity.
I
further acknowledge, understand, appreciate and agree that my
participation may result in possible exposure to and illness from
infectious diseases, including, but not limited to, MRSA, Influenza, and
COVID-19. While particular rules and personal discipline may reduce
this risk, the risk of serious illness and death does exist. I knowingly
and freely assume all such risks, both known and unknown, even if
arising from the negligence of USA Ninja Challenge Durham or others, and
assume full responsibility for my participation and exposure. I hereby
release, discharge, and covenant not to sue your business, it's
administrators, directors, agents, officers, volunteers, employees,
contractors, other participants, any sponsors, advertisers, and, if
applicable, owners and lessors of the premises on which the activity
takes place, (each considered one of the "RELEASEES" herein) from all
liability, claims, demands, losses, damages, on my account caused or
alleged to be caused in whole or in party by the negligence of the
RELEASEES or otherwise, including negligent rescue operations and
further agree that if, despite this release, waiver of liability, and
assumption of risk, I or anyone on my behalf, makes a claim against any
of the RELEASEES, I will indemnify, defend, and hold harmless each of
the RELEASEES from any loss, liability, damage, or cost, which any may
incur as the result of such a claim.
I have read the RELEASE AND WAIVER
OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, and I
understand that I have given up substantial rights by signing it and
have signed it freely and without any inducement or assurance of any
nature and intend it to be a complete and unconditional release of all
liability to the greatest extent allowed by law. I agree that if any
portion of this Agreement is held to be invalid, the balance,
notwithstanding, shall continue in full force and effect.