Assumption of Risk, Waiver of Liability, and Indemnification Agreement
Nature of the Activity: Alpha District is a recreation facility which offers clients the opportunity to participate in a number of recreational activities designed for fun and fitness. Activities include maneuvering one’s body by climbing, jumping, swinging, hanging, balancing, and other tasks designed to increase the strength, endurance, general fitness, and confidence of the participant. Alpha District activities include running up the warped wall, swinging from ropes, rings and cannon balls, trampoline, gymnastics style tumbling, ring slider, quintuple steps, balance beams, and many more. Other activities available at Alpha District include parties, classes, competitions, school holiday programs, and special events.
However, while there are many benefits associated with these activities, Alpha District feels it is important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, OR a MINOR Participant and PARENTS/LEGAL GUARDIANS) knows that Alpha District activities range from moderate to strenuous. Consequently, Alpha District activities, like all physical activities, involve some risks of injury that are inherent to the activity. Some of the inherent risks of the Alpha District activities include, but are not limited to falls (even on padded surfaces), collisions with other participants or with stationary objects, landing wrong on leaps or jumps, landing on another participant, over-exertion, attempting actions or maneuvers that are beyond a participant’s capacity, landing on a hard surface, slips and falls within the activity area or in other parts of the facility, unexpected failure of the equipment, and shifts in padding. Other inherent risks include erratic or careless behavior of the participant, erratic or careless behavior of other participants, supervisory or judgment error by Alpha District staff (e.g., supervisor misjudging the capacity of the participant to perform a task; failure to spot a hazard during facility inspection).
Further, Alpha District feels that it is important that the PARTICIPANT/PARENT understands that minimal, serious and catastrophic injuries can occur in any physical activity. While it is impossible to eliminate all risk and possibility of injury, Alpha District 1) has designed the facility with safety as a prime concern; 2) provides padding of floors and many stationary objects; 2) has trained supervisors on duty; 3) provides general supervision of activities; 4) provides instruction and emphasizes safe skill progressions.
Assumption of Inherent Risks:
I, the PARTICIPANT/PARENT, have read the above paragraphs and know that activities at Alpha District contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level (or that of my minor child), and I appreciate the types of injuries that may occur as a result of activities at Alpha District and their potential impact on my well-being and lifestyle (or that of my minor child). I hereby assert that my participation (or that of my minor child) is voluntary and that I (and my child) knowingly assume all inherent risks.
In consideration of permission to use the Alpha District facilities and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue Alpha District, its owners, directors, officers, sponsors, affiliates, employees, volunteers, independent contractors, equipment providers, agents, and facility owners [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of Alpha District or the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Alpha District activities (including, but not limited to, instruction, individual or group play, parties, competitions, classes, school holiday programs, special events, observation, use of Alpha District facilities or equipment, and all premises including the associated sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property. I authorise any representative of Alpha District to consent and authorise any medical attention, treatment, surgery or administration of drugs by qualified and licensed medical personnel for my son/daughter, which may become necessary.
I, the PARTICIPANT/PARENT, also agree to protect, defend, indemnify and hold Alpha District , including its Protected Parties from and against any and all claims, demand, losses, suits, liabilities, costs, or other damages including court costs and attorney’s fees, arising from any injury to, or death of son/daughter, the undersigned, or any other persons or damage to or destruction of property arising out of or in connection with any damage to third parties occasioned by, incident to, arising out of, or in connection with my/ my son/daughter's participation.
In order for Alpha District to more effectively provide for the safety of the participant we ask PARTICIPANT/PARENT to help us by certifying the following: I, the PARTICIPANT/PARENT,
• Agree to obey all safety rules and alert the staff to any rules violations or dangerous behavior of co-participants.
• Agree to respect the facility and equipment and not willingly cause damage to any piece of equipment or area of the facility.
• Acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
• Agree to attempt only activities that I feel I am capable of performing safely.
Health and Safety
• Acknowledge that one should get medical clearance prior to participation in a vigorous physical activity.
• Possess a sufficient level of skill and physical fitness for safe participation in Alpha District activities.
• Have no health problems that would make participation in physical activities unwise.
• Authorise Alpha District to administer emergency first aid and/or CPR when deemed necessary by coaches, staff or volunteers.
• Authorise Alpha District to secure emergency medical care or transportation when deemed necessary by Alpha District and I agree to assume all costs of emergency medical care and transportation.
I understand Alpha District produces promotional material about the program. I understand that I/my son/daughter may be included in videotape or photography taken at Alpha District. I hereby grant Alpha District, 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 utilise my/my son/daughter's name, face, likeness, voice and appearance as part of the event, and in advertising and promotion of the event.
Acknowledgment of Understanding:
I, the PARTICIPANT/PARENT, have read this Agreement and understand the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability.
Additionally, I, the Parent/Guardian of a minor participant, assert that I have explained the risks of Alpha District activities and safety rules to my minor son or daughter and that he or she understands the risks and agrees to follow the rules.