Open Gym - One Hour Pass

                                            WAIVER AND RELEASE OF LIABILITY

I, __{contact_name}__, am completing this waiver as the Parent or Legal Guardian of the Minor(s) / Ward(s) of __{name}__. In addition, I certify that I am 18 years of age or older and of sound mind and judgment.

1. I request to allow my minor/ ward to participate in all classes, parties, events, camps, open gyms and/or all Flying Tiger Ninja Warrior activities, which may include, but not be limited to, participation in running, climbing, jumping, lifting heavy objects, and other activities of which the obstacle course and all other areas used for activities above including outdoor areas.
2. I recognize and agree that there are inherent risks in participating in the activities mentioned in section one, including but not limited to the risk of tripping, falling, having objects dropped on my minor/ward, and other similar risks associated with physical activity and exercise. I also understand that my minor/ward may incur exercise-induced injuries, which may include strains, sprains, muscular and soft tissue injuries, and fractures.
3. I acknowledge that the Flying Tiger Ninja Warrior, LLC strongly recommends that I not permit my minor/ward to participate in any activity unless I have medical insurance sufficient to cover both minor and serious bodily injuries.
4. Assumption of Risk. I knowingly and freely assume all risks, both known and unknown, associated with my minor/ ward’s participation in any activity, including all activities mentioned in section one, EVEN IF ARISING FROM THE NEGLIGENCE of Flying Tiger Ninja Warrior, LLC, CrossFit Harrisburg, or its employees and/or agents (collectively, the “Releasees”) or others, and I further assume full responsibility for any actions in which my minor/ward may engage while participating in the Activity.
5. Medical Authorization and Release. I understand that Flying Tiger Ninja Warrior, LLC and CrossFit Harrisburg in no way insures, guarantees, or otherwise maintains responsibility for any medical treatment my minor/ward may require as a result of participation in the Program and activities mentioned in section one.
6. Release and Covenant Not to Sue. I hereby release, waive, and discharge the Releasees, and each of them, from, and in addition covenant not to sue the Releasees, or any of them, for, any loss or injury to my minor/ward’s person or property, including death, in any way arising in connection with participation in any and all activities, whether or not such loss or injury is caused by the negligence of the Releasees or any of them.
7. Indemnification. I hereby agree to indemnify, defend, and save and hold harmless the Releasees, and each of them, from any loss, liability, damage or cost that might be sustained by my minor/ward or any third party or parties, or the property of any third party or parties, in connection with my minor/ward’s participation in the Activity, whether or not such loss or injury is caused by the negligence of the Releasees or any of them.
8. Scope of Release and Indemnity. I expressly agree that the indemnification provided to Releasees in this Waiver and Release of Liability is intended to be as broad and as inclusive as permitted by the laws of the State of North Carolina.
9. Choice of Law; Jurisdiction and Venue. This Waiver and Release of Liability shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. I hereby agree to submit to personal jurisdiction within the State of North Carolina and further agree that the exclusive venue for resolving disputes arising in connection with this Waiver and Release of Liability shall be in state or federal court in the State of North Carolina.
10. Modification of Waiver and Release of Liability. Any modification of this Waiver and Release of Liability or additional obligation assumed by me or the Releasees, or any of them, in connection with this Waiver and Release of Liability shall be binding only if evidenced in a writing signed by each party or his, her or its authorized representative.
11. Severability. The invalidity of any portion of this Waiver and Release of Liability shall not be deemed to affect the validity of any other provision hereof. In the event that any provision of this Waiver and Release of Liability is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the invalid provision being expunged.
12. Costs and Attorney’s Fees. In the event that any costs are incurred to enforce any covenant contained in this Waiver and Release of Liability, including costs incurred in connection with any action at law or in equity to enforce this Waiver and Release of Liability, I agree to pay such costs, including, but not limited to, reasonable attorney’s fees.

 This is to certify that I, as parent/guardian with legal responsibility for the participant identified below, do consent and agree to his/her release as provided above of all the Releasees, and each of them, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees, and any of them, from any and all liabilities incident to my minor child’s involvement or participation in the Program or otherwise arising in connection with my minor child’s presence on the Premises, as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, OR ANY OF THEM.