In consideration of the services of BAMF Inc, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BAMF"), I hereby agree to release, indemnify, and discharge BAMF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
(1) I acknowledge that my participation in parkour, ninja warrior and fitness training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
**The Risks Include but are not limited to slips, trips, falls, falling from equipment, collision with other participants, collision with spectators or coaches, collision with objects, obstacles, the ground; twists, jolts, rope burn, pinches, scrapes, bruises, muscle soreness, musculoskeletal injuries, sprains, lacerations, dislocations, fractures, broken bones, concussions, and severe life-threatening hazards. Participants are at risk of foot, ankle, leg, hip, back, abdominal, chest, arm, wrist, hand, neck, head and eye injuries. Participants are at risk of objects being dislodged, dropped, thrown or displaced from above; the use and potential or actual failure of climbing ropes, equipment and/or other objects, the risk of falling off of a wall or supporting structure, the risk of loose or damaged hand/foot holds, abrasions from the walls, ropes, pads, equipment, or floor; climbing out of control or beyond the prescribed reasonable limitations; injuries to ones' internal organs; the negligence of other visitors, participants, or any other persons who may be present; transmissible pathogen or disease; my own current or past physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity.
Furthermore, BAMF personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness abilities and/or intentions. They might misjudge the weather or environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
(2) I expressly agree and promise to accept and assume all of the risks existing in this activity. My/My Child's participation in this activity is purely voluntary and I/he/she/they elect to participate in spite of the risks.
(3) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BAMF from any and all claims, demands, or causes of action, which are in any 3way connected with my participation in this activity or my use of BAMF's equipment or facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF BAMF.
(4) Should BAMF or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
(5) I certify that i have adequate insurance to cover any injury or damage I may cause or duffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
(6) I do herby give BAMF Inc, Build A Machine Fitness (DBA), their assigns, licensees, and legal representatives the ireevocable right to use my name, picture, photograph, portraits, visual likeness, or voice in all forms and media in all manners, including photo, film, audio, video representations, for non-profit, public purposes, and I hereby waive any right to inspect or approve the finished product that may be created in connection therewith. I have read this release in its entirety and am fully aware and understand its contents.
(7) In the event that I file a lawsuit against BAMF/Build A Machine Fitness DBA, I agree to do so solely in the state of New York, and I further agree that the substantiative law of New York state shall apply in that action without regard to the conflict of law rules of New York state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
BY AGREEING TO THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST BAMF/BUILD A MACHINE FITNESS DBA ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I ALSO AGREE THAT THIS DOCUMENT IS VALID FOR SUBSEQUENT VISITS AND PARTICIPATION AT BAMF. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT AND I AGREE TO BE BOUND BY ITS TERMS.
In consideration of a minor(s) being permitted by both BAMF and myself, my spouse, authorized/legal guardian of the minor(s) to participate in BAMF's activities and to use BAMF's equipment and facilities, I further agree to indemnify and hold harmless BAMF/Build A Machine Fitness DBA from any and all claims which are brought by, or on behalf of the Minor(s), and which are in any way connected with such use or participation by said Minor(s).