Waivers & Policies

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

I, (“I” or “me”), desire to participate in bungee dance classes, training, and other related services (the "Activity" or “Activities”) provided by AAAHrFit Bungee Fitness, LLC, a limited liability company (“AAAHrFit”). As lawful consideration for being permitted by AAAHrFit to participate in the Activity or Activities, I agree to all the terms and conditions set forth herein.

I am aware and understand that the Activities offered by AAAHrFit involve intense physical exercise while strapped into a bungee device and other forms of intense physical exercise. I am aware and understand that these Activities carry inherent risks and hazards and can be dangerous. I am aware and understand that the Activities involve the risk of serious injury, disability, death, and/or property damage.

Despite the potential risks and hazards related to the Activities, I voluntarily agree to participate in the Activities and hereby accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs, and/or damages following such injury, disability, paralysis, or death, even if caused, in whole or part, by the negligence of AAAHrFit.

I agree to follow all instructions so that I may safely participate in the Activities. I hereby consent to and permit any emergency treatment in the event of injury or illness.

Health Representation

I represent and warrant that I am in good physical health and do not suffer from any type of medical condition which would limit my participation in or is otherwise incompatible with the Activities, the classes, and/or training offered by AAAHrFit.

I understand that it is my responsibility to consult with a physician prior to, and regarding my, participation in any of the Activities, the classes, and/or training offered by AAAHrFit.

I acknowledge and agree that if I am under the influence of alcohol, drugs, medications, and/or other substances that I will not engage in the Activities

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I also understand the nature of the Activities and my experience and capabilities and believe myself qualified and able to participate in the Activities.

Release of Liability

I hereby expressly waive and release any and all claims, now known or hereafter
known, against AAAHrFit Bungee Fitness, LLC, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, with AAAHrFit, the "Released Parties"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Released Parties or otherwise.

I covenant not to make or bring any such claim against the Released Parties, and
forever release and discharge the Released Parties from liability under such claims.

I shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and/or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers arising out or resulting from any claim of a third party related to the Activities.

Photo / Media Release

I hereby irrevocably authorize and license the Released Parties the right to use, display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, and exploit my name, image, likeness, appearance, and voice in all materials created by or on behalf of the Released Parties that incorporate any of the foregoing (collectively "Materials").

All Materials are owned solely by the Released Parties, on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created and for any purpose, including but not limited to advertising, public relations, licensing, publicity, packaging, and promotion of the Released Parties and their affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.

I hereby irrevocably release and discharge the Released Parties from any and all claims I might have, including those for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy or rights of publicity, false light, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory.

Agreement

This Release constitutes the sole and entire agreement between myself and AAAHrFit with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

If any term or provision of this Release is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release.

This Release is binding on and shall inure to the benefit of AAAHrFit and myself and our respective successors and assigns.

If any action is undertaken at law or in equity to construe, enforce, and/or interpret the provisions of this Release, AAAHrFit shall be entitled to an award (fixed by a court of competent jurisdiction) of its reasonable attorney’s fees and costs incurred in prosecuting and/or defending such action in the event that AAAHrFit is deemed a prevailing party.

All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the State of South Dakota.
Any claim or cause of action arising under this Release may be brought only in the courts located within the State of South Dakota and I hereby consent to the jurisdiction of such courts.