In consideration of the services of The Edge Training Center, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TETC"), I hereby agree to release, indemnify, and discharge TETC, 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 ninja warrior 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, among other things: slips, trips, and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; muscular soreness, tears, strains, sprains, dislocations, fractures and broken bones; cuts, bruises, and muscle soreness; foot, ankle, leg, wrist, arm and shoulder injuries; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shows, meets and exhibitions raises the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense.
I understand and give permission for photographs of my child to be used in print (without name) as deemed appropriate for the promotion The Edge Training Center LLC. The Edge Fitness Center LLC reserves the right to modify the terms of this agreement with written notice.
Furthermore, TETC employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other 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 participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TETC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of TETC's equipment or facilities, including any such claims which allege negligent acts or omissions of TETC.
4. Should TETC 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 suffer while participating, or else I agree to bear the costs 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. In the event that I file a lawsuit against TETC, I agree to do so solely in the state of Michigan, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that 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 signing 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 TETC on the basis of any claim from which I have released them herein.
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.
I understand if my child is enrolled in a program that has reoccurring monthly tuition I am continuously enrolled in the program and I will incur reoccurring monthly tuition charges on my account until I submit a Stop Class Request email to email@example.com. If I am stopping a class (with reoccurring monthly tuition) it must be done on or before the last day of the month. If I stop a class after the month begins I will not receive credits and/or refunds for the remaining classes in the current month. I understand that The Edge Training Center LLC does not guarantee make-up classes, credit and/or refunds for, but not limited to programs, class(es), clinics, camps, private lessons, birthday parties, birthday party guests, bring a friend, camps, open gym, and field trips, missed and/or cancelled due to holiday, vacation, illness, weather or any other reason. The Edge Training Center LLC does not issue refunds. All sales are final for any product and/or service purchased and/or provided by The Edge Training Center LLC.
If I should receive five classes during the month instead of four there will be no extra charge although it will be considered a makeup for classes missed while we are closed for holidays. During the course of a year this averages out nicely and is a far less confusing payment arrangement for everyone concerned. I am responsible to make timely payments of my balances due on my The Edge Training Center LLC account. From the date of registration forward my entire account balance shall be due the 1st of each month. I understand this only applies to programs that have reoccurring monthly tuition. Fees for other products and/or services shall be paid for at the time of purchase and/or registration. If my payment is not received on or before the due date, The Edge Training Center LLC will initiate electronic payments for any balances due on my account. Payments will be processed with the payment method/information that is kept on-file with The Edge Training Center LLC. If provided, an e-mail notification will be sent any time a payment is processed. I acknowledge that this authorization will remain in effect until I notify The Edge Training Center LLC business office in writing that the authorization should be terminated. If for whatever reason, payments cannot be processed and my account balance remains overdue, understand that my enrollment in classes will be cancelled. I will be responsible for all costs incurred for collection of any delinquent payments, including but not limited to collection/ attorney fees/ court costs. I understand that monthly payment amounts may vary as classes are added or dropped and as other charges/payments are applied to my account. All currently enrolled students will be charged an annual registration fee of $35 (one child) or $50 (family) that will be posted to my account on the 1st of the month of my registration anniversary date with The Edge Training Center LLC.