GET OVER IT LLC DBA ULTIMATE OBSTACLES — LIABILITY WAIVER, RELEASE, AND MEDIA RELEASE
1. Voluntary Participation & Description of Activity The undersigned participant (or parent/guardian of a minor participant under 18 years of age) requests to participate in physical activities, training, practices, competitions, fitness classes, open gym sessions, and/or special events (such as birthday parties) at Ultimate Obstacles (the "Facility"). I understand that all participation is entirely voluntary.
2. Assumption of Inherent Risks I explicitly acknowledge that participating in obstacle course training, parkour, ninja warrior training, and general fitness activities involves intense physical exertion. These activities carry significant inherent risks of property damage, illness (including exposure to infectious diseases), severe bodily injury, permanent paralysis, or death. I understand that these risks arise from, but are not limited to: falls from heights, collisions with equipment, structural failures, slips, trips, and the behavior of other participants. I explicitly agree and understand that the installed safety mats and floor padding can only partially mitigate, and cannot completely eliminate, the risk of serious injury or death resulting from a fall. I willingly choose to assume full responsibility for all risks associated with my or my child’s participation.
3. Participant Health, Orientation, & Medical Consent I certify that I (or my child) am in good physical health and have no medical conditions or abnormalities that would increase my risk of injury. I acknowledge that while the Facility offers general orientation and training, it is my sole responsibility to seek out, understand, and complete proper instruction before attempting any obstacle or equipment. In the event of a medical emergency, I hereby authorize the staff of Ultimate Obstacles to secure medical treatment, first aid, or emergency transportation at my own expense if they deem it necessary.
4. Complete Release of Liability & Indemnification In consideration for being permitted to utilize the Facility and equipment, I, on behalf of myself, my child, my heirs, executors, and assigns, hereby FOREVER RELEASE, DISCHARGE, AND HOLD HARMLESS Ultimate Obstacles, its officers, directors, employees, volunteers, agents, and affiliates (collectively, the "Releasees") from any and all claims, demands, causes of action, or liability for personal injury, wrongful death, or property damage resulting from the ordinary negligence of the Releasees.
Furthermore, I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any and all financial losses, damages, liabilities, or costs (including court costs and reasonable attorney's fees) arising out of or connecting to my or my child's participation in Facility activities.
5. Governing Law & Severability I agree that this agreement is governed exclusively by the laws of the Commonwealth of Massachusetts. Any legal action or dispute arising out of or relating to this agreement must be filed strictly in a state or federal court located within Massachusetts. If any single portion of this waiver is found invalid or unenforceable by a court, I agree that the remaining portions shall continue in absolute full force and effect.
6. Media & Promotional Release I hereby grant Ultimate Obstacles the irrevocable right and permission to take photographs, video recordings, or digital media of me or my child during our time at the Facility. I agree that the Facility may use, publish, edit, and distribute these materials for any lawful promotional, marketing, or educational purpose without further compensation or notification to me.
BY COMPLETING THE SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM FORFEITING SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE THE FACILITY FOR NEGLIGENCE), AND SIGN IT FREELY AND VOLUNTARILY.
FOR MINOR PARTICIPANTS (Under 18):
If the participant is under 18 years of age, I represent and warrant that I am the parent or legal guardian of the minor named below. I give my permission for the minor to participate and agree to bind myself, the minor, and our family/executors to all terms of this Release and Waiver.
PARTICIPANT / GUARDIAN DETAILS
Participant Name: {name}
Participant Date of Birth: {dob}
Signer Name:
Date Signed: {sign_date}