Waiver

Assumption of Risk, Waiver of Liability, and Indemnification Agreement

Service Provider: Gymstars Cheerleading t/as Ninja Kids

Nature of the Activity 

1. Ninja Kids supplies services and facilities to its customers (Participant) in a number of recreational activities including, but not limited to: manoeuvring one’s body by climbing, jumping, swinging, hanging and balancing; exercises designed to increase the strength, endurance, general fitness, and confidence of the Participant; running up the warped wall; swinging from ropes, rings and cannon balls; jumping and tumbling on the trampoline; gymnastics style tumbling; using the ring slider, quintuple steps, balance beams, and various other obstacles.
2. Additional activities available at Ninja Kids include, but are not limited to, ninja style parties, ninja �classes, private tuition, competitions, school holiday programs and special events. (Together, the Activities).
3. When referring to Participant in this document, Ninja Kids is referring to anyone that participates in the Activities, and includes the parents or guardians if the Participant is a minor.

Risk warning

4. Like all physical activities, those at Ninja Kids involve some risks of injury that are inherent to the Activities.
5. The Activities provided at Ninja Kids can be described as dangerous recreational activities pursuant to the Civil Liability Act 2002.
6. Some of the inherent risks of the Activities include, but are not limited to:
   1. falls (even on padded surfaces and sprung floors);
   2. collisions with other Participants or with stationary objects;
   3. landing badly or falling in tumbling, jumping, swinging, climbing, trampolining and leaping;
   4. landing on another Participant;
   5. over-exertion;
   6. attempting actions or manoeuvres that are beyond a Participant’s ability;
   7. landing on a hard surface;
   8. falls within the activity area or in any other part of the facility;
   9. unexpected failure of any equipment being utilised;
   10. shifts in padding; 
   11. erratic or careless behaviour of the Participant;
   12. erratic or careless behaviour of other participants; and
   13. supervisory or judgment error by Ninja Kids’ staff (for example, a supervisor misjudging the capacity of the Participant to perform a task or failure to spot a hazard during facility inspection).

Assumption of inherent risks

7. By signing or electronically submitting this document, the Participant agrees that they are aware of, and properly understand, that the Activities contain inherent risks, some of which have been described above.
8. The Participant acknowledges, agrees and understands that by participating in the Activities, they are doing so voluntarily and are assuming and accepting any and all such inherent risks of the Activities.

Release and indemnity

9. By signing or electronically submitting this document, the Participant acknowledges and understands that to the extent permitted by law, Ninja Kids, its directors, owners, operators, staff, coaches, contractors, servants or agents (Protected Parties) shall not be liable for any personal injury, death, loss or property damage suffered or incurred by the Participant arising from, or in connection with, the Activities, regardless of whether such personal injury, death, loss or property damage was caused directly or indirectly by any act or omission (including any negligence) of the Protected Parties.
10. By signing or electronically submitting this document, the Participant releases, indemnifies and holds harmless the Protected Parties from any and all claims, demands, losses, costs and liabilities (including claims made by, or on behalf of, another person) for any personal injury, death, loss or property damage arising from, or in connection with, the Activities.

Medical information

11. The Participant acknowledges and agrees that they are in good health and free from any adverse medical conditions.
12. The Participant agrees to disclose any pre-existing medical, health or other condition that may cause or contribute to the Participant suffering injury or aggravating a pre-existing medical condition.
13. The Participant acknowledges that Ninja Kids, its staff, coaches, contractors, servants or agents, rely on the information provided by the Participant in allowing them to participate in the Activities and guarantees that any information provided is accurate and complete.
14. The Participant authorises any representative of Ninja Kids, its staff, coaches, contractors, servants or agents, to administer first aid and authorises any medical attention, treatment, administration of drugs by qualified and licenced medical personnel for the Participant which may be necessary, including evacuation to a medical facility. The Participant agrees to meet all costs and expenses incurred by Ninja Kids in the administration of any medical treatment.

Rules and Actions

15. By signing or electronically submitting this document, the Participant:
    1. agrees to obey all safety rules and alert Ninja Kids’ staff of any rule violations or dangerous behaviour of co-participants;
    2. agrees to respect the facility and equipment and not willingly cause damage to any piece of equipment or area of the facility;
    3. acknowledges that it is the Participant’s duty to inform staff and cease the Activity immediately if they feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) whilst participating in the Activities; and
    4. agrees to attempt only Activities that they feel capable of performing safely.

Acknowledgment of Understanding:

16. By signing or electronically submitting this document, the Participant:
    1. confirms that they are over the age of 18 years;
    2. acknowledges and agrees that they have read and understood this document in its entirety and understands that they are giving up substantial rights, including the right of the Participant to sue for damages in the event of death, injury or loss;
    3. acknowledges that they are voluntarily signing or electronically submitting this document, and intends their signature or submission to be a complete release of all liability; and
    4. agrees that where the Participant is a minor, they have explained the risks of the Activities and Ninja Kids’ safety rules to the Participant and that he or she understands to the best of their ability the risks and agrees to follow the rules.  

 

Photo/Video Release

I understand Ninja Kids produces promotional material about the program. I understand that I/my son/daughter may be included in videotape or photography taken at Ninja Kids. I hereby grant Ninja Kids, its successors, assignees, licensees, sponsors, any television networks and all other commercial exhibitors the exclusive right to photograph and/or videotape myself/ my son/daughter and further to utilize my/my son/daughter's name, face, likeness, voice and appearance as part of the event, and in advertising and promotion of the event.