Emmetts and Co LLC
dba
Tough Lotus Bungee and Aerial Fitness
Release and Waiver of Liability and Indemnity Agreement
Read Carefully and Initial each item Before Signing
In consideration of being permitted to participate in anyway in Tough Lotus Bungee and Aerial Fitness (herein referred to as Business) programs and/or being permitted to enter for any purpose any restricted area (herein defined as any area where admittance to the general public is prohibited), the participant indicated above and/or parent(s)/guardian(s) of minor (herein defined as under 18 years of age, but no younger than 16 and all shall be referred to as Participant, both minor with parent(s)/guardian(s) signature and those over 18 years of age), agree to the following:
Prior to participating in any of our events, Participant should inspect the facilities and equipment to be used, and if he/she believes anything to be unsafe, Participant should immediately advise officials of such condition and refuse to participate.
I, Participant, understand and agree, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further. I, Participant, fully understand and acknowledge that: (a) There are risks involved with participation in any of our events, which could result in bodily injury, both partial and/or total disability, paralysis and death. (b) The social and economic losses and/or damages, which could result from these associated risks, could be severe. (c) These risks may be caused by the action, inaction and/or negligence of myself, the Participant, or the action, inaction and/or negligence of others, but not limited to, the Releasees named below. (d) MY BODY WEIGHT DOES NOT EXCEED 400 LBS. (e) There may be other risks not known to Business or are not reasonably foreseeable at this time.I, Participant, accept and assume all such risks and responsibility for the losses and/or damages following such injury, disability ,paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releases named below. I, Participant, hereby release, waive, discharge and covenant not to sue the Business facility used by me, Participant, including its owners, managers, promoters, lessees of premises used to conduct Business programs, premises and event inspectors, underwriters, consultants and others who give recommendations, directions and/or instructions to engage in risk evaluation or loss control activities regarding the Business facility and/or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes (herein referred to as Releasee) FROM ALL LIABILITY TO THE UNDERSIGNED PARTICIPANT, the Business personal representatives, assigns, executors, heirs and next of kin FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF MYSELF, THE PARTICIPANT, OR DAMAGE TO PROPERTY ARRISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO HAVE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.I, Participant, acknowledge that THE ACTIVITIES OF THE BUSINESS EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.I, Participant, further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.On behalf of Participant and individually, for myself, the Participant and/or the undersigned parent(s) and/or legal guardian(s) for the minor Participant executes this Waiver and Release. If, despite this release, I, Participant, make a claim against any of the Releasees, myself and/or the parent(s) and/or legal guardian(s) of minor Participant, will reimburse the Releasee for any money which they have paid Participant, or on Participant's behalf, and hold them harmless. COVID-19 Release and Waiver of Liability
On behalf of Participant and individually, for myself, the Participant and/or the undersigned parent(s) and/or legal guardian(s) for the minor Participant executes this Waiver and Release. I know and understand the risk of entering the premises during the pandemic of COVID-19, also known as Corona Virus and hold harmless the Releasee(s) named above for any exposure and or sickness, causing and leading to loss of income, loss of employment, quarantine, hospitalization and even death. I have assessed the risks of participating in events at this time and solely accept responsibility for any outcome. Furthermore, I attest that I have not knowingly been exposed to anyone diagnosed with contagious illness nor had a fever within the last 48 hours. Failure to disclose any prior exposure leaves me, Participant and/or the undersigned parent(s) and/or legal guardian(s), liable for any and all related suits. I do not hold Releasee liable for any risk or further consequence. I, Participant, have read this release and waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and voluntarily without any inducement, assurance, and/or guarantee being made to me and intend my signature to be complete and unconditional release of all liability to the greatest extend allowed by law. Emmetts and Co LLC dba Tough Lotus Bungee and Aerial Fitness.