Assumption of Risk, Waiver of Liability, and Indemnity Agreement

The activities at Ninja Project LLC , including physical activities, events, and mobile courses and events,  (hereinafter “Ninja Project”) include, but are not limited to, climbing, swinging, jumping, running, and  hanging. Participating in Ninja Project is an activity which involves certain risks. The activity and exertion  level can range from moderate to very vigorous depending upon your desire. The activity is suitable for  those with experience with obstacle courses as well as those with no experience who use sufficient  caution.  

Ninja Project regards your safety and the safety of others as a top priority. We take great care to reduce  the traditional risks associated with obstacle courses by having padded hard-surface areas, padded flooring, padded landing areas, and padded trusses, professional instruction, trained supervisors, trained  spotters, and many other safety features. However, regardless of the care taken to avoid injuries or  responding to health or medical issues, some risks are inherent in the activity and cannot be totally  eliminated. These inherent risks include, but are not limited to, falls, collisions with other participants  (hereafter referred to as “CO-PARTICIPANTS”), contacting a hard surface (e.g., an uncovered beam,  frame, or rail; exposed springs or hooks), landing incorrectly, weight differences between you and CO PARTICIPANTS, catching a foot or other body part under a pad, strikes on other equipment, tripping or  slipping while participating in activities, or while in or around the facility. Inherent risks also include  unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS;  errors in judgment by a Ninja Project employee; and injuries caused by negligence on the part of Ninja  Project, its employees, you or CO-PARTICIPANTS.  

Assumption of Inherent Risks

I understand that the inherent risks of Ninja Project activities are serious and that some of these  activities involve risks regardless of the care taken by Ninja Project. I realize that Ninja Project  activities require some degree of skill, coordination, and physical fitness. I have read the previous  paragraphs and:  

1. I fully know and appreciate the nature of the Ninja Project activities;  
2. I understand the demands of those activities relative to my physical condition, abilities, limitations  and skill level; and  
3. I fully appreciate the types of injuries that may occur as a result of such activities.  I hereby assert that my, and, if applicable, my child’s or ward’s, participation at Ninja Project is voluntary and that I knowingly assume all inherent risks of the activity on behalf of myself and, if applicable, my child or ward.  

Waiver of Liability for Ordinary Negligence of Ninja Project

In consideration of permission to use the property, facilities, equipment, and services of Ninja Project,  today and on all future dates, I (on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns referred to hereafter as “RELEASING PARTIES”) do  hereby waive, release, discharge and covenant not to sue Ninja Project, and their respective owners,  directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors,  assigns, and equipment suppliers (referred to hereafter as “PROTECTED PARTIES”) from liability from  any and all claims, lawsuits, or causes of action, arising from the use of the Ninja Project facilities  including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The  scope of this release is intended to be one that is given the fullest effect under the law, and  encompasses any claims for ordinary negligence, including, but not limited to medical treatment  provided, and/or not provided in the event of an incident at the facility (whether due to the  participation in the activities or otherwise).  

This agreement applies to:  

1. Personal injury (up to and including death) from incidents or illnesses arising from participation  

in Ninja Project activities (including, but not limited to: recreational, practice, or competitive activity;  events; organized or individual training and conditioning activities; tests, classes, and instruction;  individual use of facilities, equipment, shower/locker room areas, and all premises including the cafe,  elevator, stairs, associated sidewalks and parking lots);  

2. Any and all claims resulting from the damage to, loss of, or theft of property; and  3. Consequential and other damages, such as but not limited to, your inability to work, resulting from  any injury or loss.  

Indemnification

I, on behalf of myself and, if applicable, my child or ward, also agree to hold harmless, defend, and  indemnify Ninja Project (that is, defend and pay any judgment and costs, including investigation costs,  attorneys’ fees, experts’ fees and related expenses) from any and all claims brought by the RELEASING  PARTIES arising from my and, if applicable, my child’s or ward’s, death, injury, or loss due to involvement  in Ninja Project activities (including those arising from the inherent risks of the activity and/or the  ordinary negligence of PROTECTED PARTIES.) I, on behalf of myself and, if applicable, my child or ward,  further agree to hold harmless, defend, and indemnify Ninja Nation and PROTECTED PARTIES (that is,  defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and  related expenses) against any and all claims of COPARTICIPANTS, rescuers, and others arising from my  and, if applicable, my child’s or ward’s, conduct in the course of using the Ninja Project facilities.  

Clarifying Clauses

1. I, on behalf of myself and, if applicable, my child or ward, confirm that this agreement supersedes any  and all previous oral or written promises or agreements. I understand that this is the entire agreement 

between me and, if applicable, my child or ward, and Ninja Project and cannot be modified or changed  in any way by representations or statements by any agent or employee of Ninja Project.  

2. I, on behalf of myself and, if applicable, my child or ward, further expressly agree that the foregoing  Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and  inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it  is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  
3. I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this  Agreement or from my or my child’s or ward’s use of the Ninja Project facilities, I and, if applicable, my  child or ward, shall first engage in good faith efforts to mediate the dispute. Any agreement reached will  be formalized by a written contractual agreement at that time. Should the issue not be resolved by  mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes,  controversies, or claims arising out of this Agreement or use of the Ninja Project shall be submitted to  binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration  Association then in effect. The arbitrator shall have no power to make any errors of law or of legal  reasoning.  
4. I, on behalf of myself and, if applicable, my child or ward, also understand that if legal action is  brought, the appropriate trial court for the county of Collin in the State of Texas has the sole and  exclusive jurisdiction and that only the substantive laws of the State of Texas shall apply.  
5. I acknowledge that PROTECTED PARTIES are providing recreational services, and not selling or leasing  a product. By payment of any fee to such parties, I, and/or the minor(s) listed below, obtain a non exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable  under any products/strict liability claim.  

Acknowledgements to Promote Safety at Ninja Project  

These acknowledgements aid Ninja Project in providing for your safety.  

Health Status. I, on behalf of myself and, if applicable, my child or ward, assert that:  ● I and, if applicable, my child or ward, possess sufficient physical fitness and coordinaƟon to enable safe participation in Ninja Project activities.  

• I and, if applicable, my child or ward, assume the risks of all medical condiƟons (e.g., asthma,  diabetes, anaphylaxis, epilepsy, heart disease or high blood pressure).  
• Ninja Project encourages me and, if applicable, my child or ward, to get medical clearance prior  to participation.  
• I and, if applicable, my child or ward, will cease activity if there is discomfort (e.g., faintness,  shortness of breath, high anxiety, or chest pains).  

Emergency Care. I, on behalf of myself and, if applicable, my child or ward, assert that: 

• Ninja Project can administer emergency first aid, CPR, and use an AED if available and deemed  necessary.  
• Ninja Project can secure emergency medical care or transportation (i.e., EMS) if deemed  necessary.  
• I assume all costs of emergency medical care and transportation.  

Rules and Safety. I, on behalf of myself and, if applicable, my child or ward, agree:  ● To Read and obey all posted signs, including all safety-related rules while participating.  ● To Listen to and obey all oral instructions, including those from employees and/or the safety video.  

• To attempt only activities that I and, if applicable, my child or ward, feel capable of performing safely.  
• To inform Ninja Project immediately if I and, if applicable, my child or ward, see conduct or a  facility condition that poses a risk to others.  
• That I and, if applicable, my child or ward, understand the importance of safety rules and safety  equipment.  
• That Ninja Project has the authority to terminate participation if it is deemed a potential risk to  you or others.  

Likeness Release

I grant Ninja Project permission to use my, and the Minor Child’s, likeness in its publications,  websites, marketing and other materials without payment, and without any prior approval of any and  all publications, websites, marketing and other materials that contain my and/or the Minor Child’s  likeness.  

Acknowledgment of Understanding

I understand that I am giving up substantial legal rights, including my rights, the rights of my child or  ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death,  injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, am  signing the agreement freely and voluntarily, and intend my signature to be a complete and  unconditional release of all liability, including that due to inherent risks of the activity or ordinary  negligence by the PROTECTED PARTIES, to the greatest extent allowed by law of the State of Texas. 

If I sign this document electronically, I confirm that my electronic signature will be deemed the same as  my written signature.  

I confirm that I have read this Agreement and fully understand its terms. If applicable, I assert that I have  explained the risks of the activity to my child or ward and that he or she understands the agreement.