PPK III, LLC
RELEASE AND WAIVER
PPK III, LLC, a New Jersey limited liability company (“Pinnacle”) hosts parkour, freerunning, and related physical and social activities inside and outside of its facilities (collectively, the “Program”). As a material inducement and a condition precedent to Pinnacle agreeing to allow the undersigned to participate in whole or in part in the Program, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agrees and consents to the following terms, conditions and provisions. For the purposes of this release and waiver, references to “I,” “me,” and “my” shall include the participant(s), and if applicable, the parent or legal guardian signing below.
The undersigned acknowledges, agrees and fully understands that there are inherent dangers in connection with the activities associated with or that may (voluntarily or involuntarily) take place during the Program including, without limitation, running, jumping, rolling, climbing, sliding, lifting, flipping, inverting, using obstacles and items to assist with parkour and athletic moves, swinging, and other activities and conditions associated with or that may occur (whether planned or unplanned) during or in connection with the Program (collectively, the “Activities”) and that the risks associated with these Activities may be greater if poor weather or other hazardous conditions due to other participants are experienced during or in connection with the Program.
I acknowledge and understand that the Activities and the use of any equipment made available during the Program have inherent dangers and the use thereof and the participation in the Program and any Activities associated with the Program require physical exertion, coordination, and strength, and I realize that there is a high level of risk of physical injury which may be incurred when while engaging in these Activities, including death, disability or paralysis. I hereby certify that I am in good physical condition and have adequate health insurance to cover any injury that I may sustain during or as a result of participating in the Program or any associated Activities.
I agree to follow any and all instructions (both oral and written), recommendations, signage and cautions of Pinnacle or its agents at times during the Program, including, without limitation, instructions for the operation of obstacles and safety equipment.
I, on behalf of me and my spouse, any minor participant listed below, the parent or legal guardian of any minor participant listed below, next of kin, personal representatives, heirs and beneficiaries, hereby agree to forever hold harmless, waive and fully release Pinnacle and its Affiliates (as defined below) as well as Pinnacle’s and the Affiliates’ respective directors, shareholders, members, managers, officers, affiliates, employees, contractors, volunteers, agents, attorneys, insurers and staff (each a “Released Party” and, collectively, the “Released Parties”) from and against any and all liability, losses, damages or claims whatsoever pertaining to my participation in the Program or any related Activities including, without limitation, bodily injury or death and whether or not caused by the negligence or other acts or omissions on the part of any of the Released Parties. As used in this Agreement, “Affiliate” means PPK III, LLC, and any person or entity who controls, is controlled by, or is under common control with Pinnacle. I hereby consent to receive medical treatment which may be deemed necessary in the Program of any illness, accident or injury or medical emergency resulting from or in connection with my participation in the Program or any related Activities and I understand that I am solely responsible for all costs related to such medical treatment and/or medical transportation.
I waive my insurers’ right to make a claim against any of the Released Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against any of the Released Parties. Furthermore, I hereby voluntarily agree and covenant not to sue any Released Party and voluntarily waive the rights to pursue any lawsuits or other legal redress against the Released Parties.
I hereby agree, jointly and severally, to pay and reimburse the Released Parties for all costs, damages and expenses that the Released Parties suffer as a result of my failure to abide by the terms of this document including, without limitation, all attorneys’ fees and other costs and expenses incurred by Released Parties in defending any action brought by or on behalf of any of the undersigned or in connection with the Released Parties’ enforcement of this Release and Waiver. This document is governed by the laws of the State of New Jersey without giving effect to its conflicts of law provisions.
IN SIGNING THIS DOCUMENT, THE UNDERSIGNED HEREBY ACKNOWLEDGES AND AGREES THAT THAT HE OR SHE HAS READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS AND HEREBY FREELY AND VOLUNTARILY SIGN THIS DOCUMENT AT THEIR OWN FREE WILL AND ACT. THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT THEY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS ON BEHALF OF THEMSELVES AND OTHERS, INCLUDING THE RIGHT TO SUE PINNACLE, ITS AFFILIATES AND OTHER PERSONS OR ENTITIES.
PUBLICITY CONSENT AND ASSIGNMENT
I hereby grant PPK III, LLC and its Affiliates (as those terms are defined in the Release and Waiver) permission to use and publicly display my name, image and likeness as well as any testimonials or other statements that I provide and all materials created by or on behalf of PPK III, LLC (collectively, the “Materials”). I hereby acknowledge and consent to the use of any or all Materials by PPK III, LLC and its Affiliates on their websites and for any other marketing or promotional purposes.
I acknowledge that I will receive no compensation from PPK III, LLC other than any goodwill and publicity that I may receive relating to the publication, distribution or other use of the Materials and participation or viewing of the Activities. PPK III, LLC may display, broadcast, reproduce, record, photograph, edit, create derivative works, license, and otherwise use the Materials in its sole discretion.
PPK III, LLC shall own, and I hereby assign to PPK III, LLC, my entire right, title, and interest, if any, in and to the Materials and all copyrights in the Materials. I acknowledge and agree that I have no right to review or approve Materials before they are used. I hereby irrevocably waive all legal and equitable rights relating to all claims arising directly or indirectly from PPK III, LLC's exercise of their rights under this agreement and the use of the Materials.
I acknowledge that PPK III, LLC and its Affiliates use audio and video recording devices inside its facilities and at events outside of its facilities. I consent to PPK III, LLC's use of such audio and video recording devices.