Purpose Driven Movement, LLC, d/b/a NinjaFit ATL
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.
In consideration of being permitted to enter, observe, participate in activities at, or use the premises, facilities, equipment, programs, events, or services of Purpose Driven Movement, LLC, doing business as NinjaFit ATL (“NinjaFit ATL”), I, on behalf of myself and, when applicable, my minor child or children, agree as follows:
I understand and acknowledge that participation in ninja warrior training, obstacle-course activities, open gym, fitness training, strength and conditioning, camps, competitions, parties, recreational activities, classes, clinics, special events, and related activities involves inherent and potentially serious risks.
These risks include, but are not limited to:
Slips, trips, and falls;
Falls from obstacles or elevated equipment;
Collisions with walls, equipment, mats, structures, or other participants;
Improper landings;
Equipment movement, breakage, or malfunction;
Rope burns, abrasions, cuts, bruises, pinches, and scrapes;
Muscle soreness, strains, sprains, and tears;
Fractures and broken bones;
Dislocations;
Head, neck, and back injuries;
Concussions and other traumatic brain injuries;
Nerve damage;
Dental or eye injuries;
Internal injuries;
Dehydration, dizziness, or fainting;
Overexertion;
Aggravation of pre-existing medical or physical conditions;
Emotional or psychological injury;
Permanent disability, paralysis, or death; and
Other injuries or damages that may not be reasonably foreseeable.
I understand that these risks may arise from my own actions or inactions or those of the participant, the actions or inactions of other participants or third parties, the condition of the premises or equipment, or the acts or omissions of NinjaFit ATL and its staff.
I understand that coaches and staff attempt to provide a safe environment and appropriate instruction; however, they cannot eliminate all risks associated with ninja and obstacle-course activities. Staff members cannot always know a participant's abilities, limitations, health conditions, level of fatigue, or willingness or ability to follow instructions. Instructions or warnings may also be misunderstood, incomplete, or not followed.
I knowingly and voluntarily choose to participate, or allow my minor child to participate, in activities at NinjaFit ATL.
I understand the nature of these activities and voluntarily accept and assume all known and unknown risks associated with participation, observation, presence on the premises, and use of NinjaFit ATL's facilities or equipment, whether such risks are inherent in the activity or arise from other causes.
Participation is voluntary, and I or my child may decline to attempt any obstacle or activity.
TO THE FULLEST EXTENT PERMITTED BY GEORGIA LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE PURPOSE DRIVEN MOVEMENT, LLC, D/B/A NINJAFIT ATL, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, COACHES, INSTRUCTORS, AGENTS, CONTRACTORS, VOLUNTEERS, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, LANDLORDS, AND PROPERTY OWNERS (“RELEASED PARTIES”) FROM CLAIMS ARISING OUT OF OR RELATED TO MY OR MY CHILD'S PARTICIPATION IN OR PRESENCE AT NINJAFIT ATL, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
This release includes, without limitation, claims relating to personal injury, illness, disability, death, emotional injury, property damage, property loss, medical expenses, or other damages arising from participation in activities, use of equipment, observation of activities, or presence on the premises.
This agreement is not intended to release claims that cannot legally be waived under Georgia law, including liability to the extent caused by gross negligence or willful or wanton misconduct where such liability cannot lawfully be waived.
To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from claims, demands, liabilities, damages, judgments, or expenses arising from:
My or my child's acts or conduct while at NinjaFit ATL;
Failure to follow facility rules or staff instructions;
Damage caused by me or my child to another person or property; or
Claims brought by or on behalf of me or my child that are subject to this agreement.
If NinjaFit ATL is required to incur reasonable attorneys' fees or costs to enforce this agreement, I agree to be responsible for those fees and costs to the extent permitted by law.
I represent that I, or the minor participant for whom I am signing, am physically and medically capable of participating in the selected activities or have consulted an appropriate medical professional regarding participation when necessary.
I agree to notify NinjaFit ATL staff of any relevant medical condition, injury, restriction, or limitation that may affect safe participation.
I understand that NinjaFit ATL does not provide medical evaluations and cannot determine whether a participant is medically fit to participate.
I accept responsibility for deciding whether I or my child should participate in a particular activity.
I agree that I and my child will follow all posted rules, safety instructions, equipment restrictions, and directions given by NinjaFit ATL coaches and staff.
I understand that NinjaFit ATL may restrict or terminate participation when staff reasonably believes a participant is acting unsafely, failing to follow instructions, creating a risk to others, or otherwise violating facility policies.
I understand that intentional misuse of equipment, horseplay outside permitted activities, or attempting obstacles or skills contrary to staff instructions may increase the risk of serious injury.
If I or my child becomes injured or ill while at NinjaFit ATL and I am unable to provide consent at the time, I authorize NinjaFit ATL staff to obtain or request emergency medical assistance that they reasonably believe is appropriate, including contacting emergency medical services.
I understand that NinjaFit ATL staff are not required to provide medical treatment beyond their training or capabilities.
I understand and agree that I am responsible for medical, ambulance, hospital, or other expenses incurred on behalf of myself or my child.
I certify that I have adequate insurance to cover injuries or damages that I or my child may suffer or cause, or I agree to personally bear those costs.
I understand that NinjaFit ATL may photograph, film, livestream, or otherwise record activities, classes, camps, competitions, parties, open gyms, special events, and other activities occurring at the facility.
I hereby grant Purpose Driven Movement, LLC, d/b/a NinjaFit ATL permission to photograph, video record, and/or audio record me and, if applicable, my minor child, and to use our image, likeness, voice, photograph, or video for legitimate NinjaFit ATL promotional, educational, informational, and marketing purposes.
This permission includes use on or in:
NinjaFit ATL's website;
Instagram, Facebook, TikTok, YouTube, and other social-media platforms;
Digital advertising;
Email communications;
Printed advertisements, flyers, posters, banners, and brochures;
Competition or event promotions;
Newsletters;
Promotional videos; and
Other NinjaFit ATL marketing or informational materials.
I understand that photographs or videos posted publicly or on social media may be viewed, copied, shared, reposted, or otherwise distributed by third parties outside NinjaFit ATL's control.
I authorize NinjaFit ATL to edit, crop, reproduce, publish, display, and distribute approved photographs or recordings without compensation to me or my child and without requiring additional approval before each use.
NinjaFit ATL will not intentionally publish a minor participant's full name or personal contact information in connection with promotional photographs or videos without additional permission when appropriate.
I understand that NinjaFit ATL owns the promotional materials it creates and that I will not have ownership rights in those materials solely because I or my child appears in them.
I understand that NinjaFit ATL is not responsible for lost, stolen, or damaged personal property brought onto the premises, including phones, watches, jewelry, clothing, bags, or other personal belongings, except to the extent otherwise required by law.
If the participant is under 18 years of age, I represent that I am the participant's parent or legal guardian or that I otherwise have legal authority to execute this agreement on the participant's behalf.
I have reviewed the risks of participation and voluntarily give permission for the minor participant to participate in activities at NinjaFit ATL.
On behalf of myself and to the fullest extent I am legally permitted to act on behalf of the minor participant, I agree to the assumption of risk, release, waiver, indemnification, medical authorization, and media provisions contained in this agreement.
I further agree to instruct the minor participant to follow NinjaFit ATL's rules and staff instructions.
This agreement shall be governed by and interpreted under the laws of the State of Georgia, without regard to its conflict-of-law principles.
To the extent permitted by law, any lawsuit or legal proceeding arising from participation at or use of NinjaFit ATL shall be brought in a court of competent jurisdiction in the State of Georgia.
If any portion of this agreement is determined by a court to be invalid or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT AND UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO BRING A CLAIM OR LAWSUIT AGAINST PURPOSE DRIVEN MOVEMENT, LLC, D/B/A NINJAFIT ATL AND THE OTHER RELEASED PARTIES.
I acknowledge that I am signing this agreement freely and voluntarily and intend my signature, including an electronic signature, to constitute my legal signature.
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK