Soflo Ninfa Waiver Form

I accept full responsibility for any damage to Solflo Ninja Athletics LLC premises, facilities, and/or equipment caused by me, including and not limited to LIGHT FIXTURES, SPRINKLER SYSTEM, FIRE EXTINGUISHERS, RENTAL GEAR etc.

 

No cancellations allowed, no refunds, all sales and services are final, the full amount is due for no-show and cancellation.

Solflo Ninja Athletics will not provide any refund.

Assumption of Risk, Waiver of Liability, and Indemnity Agreement 

The activities at Solflo Ninja Athletics LLC include, but are not limited to, climbing, swinging, crawling, jumping, running, and hanging. These activities provide an opportunity for fun; improved physical fitness; vigorous, healthful exercise; exciting group competition; improved agility and balance; wholesome recreation; and other benefits. Participating in Solflo Ninja Athletics is an activity which involves certain risks. The activity and exertion level can range from moderate to very vigorous depending upon your desire. The activity is suitable for those with experience with obstacle courses as well as those with absolutely no experience who use sufficient caution. Physical activities are at the core of Solflo Ninja Athletics, and such can range from basic to challenging maneuvers and from moderate exercise to very vigorous and challenging exercise. Risks are inherent in the activity and cannot be totally eliminated. These inherent risks include, but are not limited to, falls, collisions with other participants (hereafter referred to as “CO-PARTICIPANTS”), contacting a hard surface (e.g., an uncovered beam, frame, or rail; exposed springs or hooks), landing incorrectly, weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes on other equipment, tripping or slipping while participating in activities, or while in or around the facility. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by a Solflo Ninja Athletics employee; and injuries caused by negligence on the part of Solflo NinjaAthletics, its employees, you or CO-PARTICIPANTS 

Assumption of Inherent Risks 

I understand that the inherent risks of Solflo Ninja Athletics activities are serious and that some of these activities may involve risks regardless of the care taken by Solflo Ninja Athletics. I realize that Solflo Ninja Athletics activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and: 

1. I fully know and appreciate the nature of the Solflo NinjaAthletics activities; 

2. I understand the demands of those activities relative to my physical condition, abilities, limitations and skill level; and 

3. I fully appreciate the types of injuries that may occur as a result of such activities. 

I hereby assert that my, and, if applicable, my child’s or ward’s, participation at Solflo NinjaAthletics is voluntary and that I knowingly assume all inherent risks of the activity on behalf of myself and, if applicable, my child or ward. 

Waiver of Liability for Ordinary Negligence of Solflo Ninja Athletics 

In consideration of permission to use the property, facilities, equipment, and services of Solflo Ninja Athletics, today and on all future dates, I (on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns referred to hereafter as “RELEASING PARTIES”) do hereby waive, release, discharge and covenant not to sue Solflo Ninja Athletics, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers — referred to hereafter as “PROTECTED PARTIES”) from liability from any and all claims, lawsuits, or causes of action, arising from 

the use of the Soflo Ninja Athletics facilities including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the law, and encompasses any claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the activities or otherwise). 

This agreement applies to 

1. Personal injury (up to and including death) from incidents or illnesses arising from participation in Solflo Ninja Athletics activities (including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; individual use of facilities, equipment, shower/locker room areas, and all premises including the cafe, stairs, associated sidewalks and parking lots); 

2. Any and all claims resulting from the damage to, loss of, or theft of property; and 

3. Consequential and other damages, such as but not limited to, your inability to work, resulting from any injury or loss. 

Indemnification 

I, on behalf of myself and, if applicable, my child or ward, also agree to hold harmless, defend, and indemnify Solflo Ninja Athletics (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) from any and all claims brought by the RELEASING PARTIES arising from my and, if applicable, my child’s or ward’s, death, injury, or loss due to involvement in Solflo Ninja Athletics activities (including those arising from the inherent risks of the activity and/or the ordinary negligence of PROTECTED PARTIES.) 

I, on behalf of myself and, if applicable, my child or ward, further agree to hold harmless, defend, and indemnify Solflo Ninja Athletics and PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) against any and all claims of COPARTICIPANTS, rescuers, and others arising from my and, if applicable, my child’s or ward’s, conduct in the course of using the Solflo Ninja Athletics facilities. 

Clarifying Clauses 

  1. I, on behalf of myself and, if applicable, my child or ward, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and, if applicable, my child or ward, and Soflo Ninja Athletics and cannot be modified or changed in any way by representations or statements by any agent or employee of Solflo NinjaAthletics. 
  2. I, on behalf of myself and, if applicable, my child or ward, further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
  3. I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this Agreement or from my or my child’s or ward’s use of the Solflo Ninja Athletics facilities, I and, if applicable, my child or ward, shall first engage in good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes, controversies, or claims arising out of this Agreement or use of the Solflo NinjaAthletics facilities shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have no power to make any errors of law or of legal reasoning.
  4. I, on behalf of myself and, if applicable, my child or ward, also understand that if legal action is brought, the appropriate trial court for the State of New York has the sole and exclusive jurisdiction and that only the substantive laws of the State of New York shall apply.
  5. I acknowledge that PROTECTED PARTIES are providing recreational services, and not selling or leasing a product. By payment of any fee to such parties, I, and/or the minor(s) listed below, obtain a non-exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable under any products/strict liability claim.

Acknowledgements to Promote Safety at Soflo Ninja Athletics 

These acknowledgements aid Solflo Ninja Athletics in providing for your safety. 

Health Status I, on behalf of myself and, if applicable, my child or ward, assert that: 

  • I and, if applicable, my child or ward, possess sufficient physical fitness and coordination to enable safe participation in Solflo Ninja Athletics activities. 
  • I and, if applicable, my child or ward, assume the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, epilepsy, heart disease or high blood pressure). 
  • Solflo Ninja Athletics encourages me and, if applicable, my child or ward, to get medical clearance prior to participation. 
  • I and, if applicable, my child or ward, will cease activity if there is discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains). 
  • I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 or other communicable diseases by attending Solflo Ninja Athletics and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases at Solflo Ninja Athletics may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Solflo Ninja Athletics employees, participants and their families. 

Emergency Care I, on behalf of myself and, if applicable, my child or ward, assert that: 

  • Solflo Ninja Athletics can administer emergency first aid, CPR, and use an AED if available and deemed necessary.
  • Solflo Ninja Athletics can secure emergency medical care or transportation (i.e., EMS) if deemed necessary.
  • I assume all costs of emergency medical care and transportation. 

Rules and Safety I, on behalf of myself and, if applicable, my child or ward, agree: 

  • To Read and obey all posted signs, including all safety-related rules while participating. 
  • To Listen to and obey all oral instructions, including those from employees and/or the safety video.
  • To attempt only activities that I and, if applicable, my child or ward, feel capable of performing safely.
  • To inform Solflo Ninja Athletics immediately if I and, if applicable, my child or ward, see conduct or a facility condition that poses a risk to others.
  • That I and, if applicable, my child or ward, understand the importance of safety rules and safety equipment.
  • That Solflo NinjaAthletics has the authority to terminate participation if it is deemed a potential risk to you or others.

Likeness Release 

I grant Solflo Ninja Athletics permission to use my, and the Minor Child’s, likeness in its publications, websites, marketing and other materials without payment, and without any prior approval of any and all publications, websites, marketing and other materials that contain my and/or the Minor Child’s likeness. 

Acknowledgment of Understanding 

I understand that I am giving up substantial legal rights, including my rights, the rights of my child or ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to inherent risks of the activity or ordinary negligence by the PROTECTED PARTIES, to the greatest extent allowed by law of the State of New York. If I sign this document electronically, I confirm that my electronic signature will be deemed the same as my written signature. 

I confirm that I have read this Agreement and fully understand its terms. If applicable, I assert that I have explained the risks of the activity to my child or ward and that he or she understands the agreement. 

In consideration of being permitted to participate in any classes, training, events and/or activities being offered by Solflo Ninja Athletics LLC, a New York limited liability company located at 72 Noble St, Brooklyn NY 11222, I, hereby recognize appreciate and acknowledge that: (i) ninja warrior training, parkour, calisthenics, tricking, strength training, rock climbing, competitions, events and other activities related to the foregoing involves activities that are physically, mentally and emotionally demanding, and may be violent; (ii) my participation in such activities may result in serious bodily injury, including permanent disability, paralysis or death; (iii) such injuries may not be due to my own actions, but may arise from the action, inaction or negligence of others, the rules governing participation, the conditions of the premises or the equipment used; (iv) in addition to bodily injuries or death, participation in the activities offered by Solflo Ninja Athletics, there is a risk of economic and/or social damages arising from such bodily injuries; and (v) that there may be other risks that are not known to me or to others that are not reasonably foreseeable at this time.

Now, therefore, in consideration of the above, I, for myself and my successors, heirs and assigns, hereby: 

Voluntarily and knowingly assume all of the risks of participating in the classes, training, events and activities offered by Solflo Ninja Athletics 

Signee Information

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.