This Waiver of Liability and Indemnification Obligation (Agreement) is entered into by Adult Participant on his/her behalf and as the parent or legal guardian of Child Participant(s) in favor of Mission Ninja LLC. Collectively and severally, Adult Participant and Child Participant, their heirs, successors, and assigns are referred to as Participant. In consideration of Mission Ninja LLC allowing Participant to enter the Premises and participate in the Activities at 519 Broadway, Wisconsin Dells, WI 53965 (Premises), Participant agrees as follows:
1. Nature of the Activities. Mission Ninja LLC operates an adventure park that offers Participants the ability to participate actively or passively, in adventure park related activities, including, but not limited to, tumbling, ball pits, fitness classes, warrior course, soft play, climbing wall, and other related activities (collectively, Activities).
2. Types of Risks.
2.1 Risks Associated with Activities. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing admission.
2.2 Exposure to Bacteria, Fungus, Virus and Unknown Contagious diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases and COVID-19, which notwithstanding governmental recommendations and the practices of Mission Ninja LLC, cannot be eliminated. CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY MISSION NINJA LLC FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES. FURTHER, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE CHILD PARTICIPANT(S) CONSENTS TO HAVING THEIR TEMPERATURE TAKEN BY MISSION NINJA LLC AND ACKNOWLEDGES THEY MAY BE DENIED ACCESS TO OR FORCED TO VACATE THE PREMISES IF THEY EVIDENCE SYMPTOMS OF EXPOSURE TO BACTERIA, FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION.
3. Assumption of Risk. Notwithstanding the risks and the safety measures implemented by Mission Ninja LLC, Participant acknowledges it is impossible to eliminate all risk of injury. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES.
4. Release. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON HIS/HER BEHALF AND THAT OF CHILD PARTICIPANT RELEASES MISSION NINJA LLC, THE PREMISES OWNER, INSTALLERS, MANUFACTURERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND INSURERS (COLLECTIVELY, PROTECTED PARTIES) FROM ALL CLAIMS. “CLAIM” MEANS ALL INJURIES, LIABILITIES, DAMAGES, DEMANDS, CAUSES OF ACTION, AND MEDICAL EXPENSES (INCLUDING ATTORNEY’S FEES AND COURT COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT DUE TO PARTICIPANT’S (A) USE OF THE PREMISES, OR (B) ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES. THIS RELEASE SHALL NOT APPLY IF THE CLAIM IS CAUSED BY THE WILLFUL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF MISSION NINJA LLC.
5. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT SHALL INDEMNIFY AND DEFEND THE PROTECTED PARTIES FROM ANY CLAIMS, ANY SUM PAID TO OR ON BEHALF OF ANY PARTICIPANT IN SETTLEMENT OF A CLAIM, AND ALL CLAIMS RELATED TO THE INSUFFICIENCY OF PARTICIPANT’S CAPACITY TO EXECUTE THIS AGREEMENT.
6. Representations by Participant. Participant represents to the following to the Protected Parties:
A. Participant shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior.
B. Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
C. Participant shall only attempt Activities that Participant can perform safely.
D. Participant is not aware of any health problems that would prevent him/her from participating in the Activities.
E. Mission Ninja LLC may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use a defibrillator, secure emergency medical care or transportation, and Participant shall assume all costs of emergency medical care and transportation.
F. Participant shall discontinue participation in the Activities if Participant feels any faintness, shortness of breath, high anxiety, or chest pains.
7. License. Participant grants the Protected Parties in perpetuity the right to use all or a portion of an image/video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or commercial purpose. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES/VIDEOS OR THE WRITTEN COPY USED IN CONNECTION THEREWITH. PARTICIPANT RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES.
8. Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, Child Participant, family member, friend, or other person, Adult Participant warrants to Mission Ninja that he/she has the actual and implied authority to do so.
9. Acknowledgments. Participant represents to Mission Ninja LLC that he/she is voluntarily entering into this Agreement and there are no oral agreements or representations that are not set forth herein. This Agreement may only be modified in writing. Participant agrees that this Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held invalid, the balance shall continue in full force and effect. By signing below, Adult Participant authorizes Mission Ninja LLC to communicate with him/her via email with updates, news, advertisements, and offers.
