Camp Rhino SE Liability Waiver (12004)
RULES, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.Boot Camp Las Vegas LLC doing business as Camp Rhino (hereinafter referred to as Camp Rhino) provides an opportunity for participants to be involved in extreme workouts, training, classes, events, instruction, and other activities (hereafter referred to as "Camp Rhino Workouts”) which are an extreme test of toughness, strength, stamina, camaraderie, mental grit and all of which pushes the participants to their physical limitations and perhaps beyond and as a result, there are inherent risks. All participants agree to be bound by this assumption of risk, waiver of liability, and waiver agreement (hereinafter "Agreement”) as a condition to being involved in any Camp Rhino Workout and agree to be bound by the Rules as later herein defined.
1). Rules. As of the date of this Agreement, I have been given a written copy of the rules a copy of which are herein attached as Exhibit A entitled RULES ADDENDUM (hereinafter "Rules”). I have had an opportunity to read and by signing this Agreement I warrant and certify that I understand the Rules. It is agreed that the Rules may be modified (as posted on our website or around the gym) or that additional rules may be posted throughout the facility or posted throughout the shopping center, or additional instructions may be given to me by a trainer. Collectively, the attached Rules, the rules posted throughout the gym and shopping center, and the instructions of the instructor shall hereafter collectively be defined as the "RULES OF THE FACILITY”. I agree to unconditionally abide by all of the RULES OF THE FACILITY. I acknowledge and agree that Camp Rhino and its employees, trainers, or personnel may immediately cause anyone who disobeys any RULES OF THE FACILITY or whose behavior endangers safety or negatively affects a person, trainer, facility, or property of any type or kind, to be removed from the gym, facility, event or course. I further agree to comply with all directions, instructions and decisions of Camp Rhino and its personnel. I agree that if any of the RULES OF THE FACILITY are not clear to me I shall immediately ask a trainer for additional clarification. I further agree not to challenge or disobey the RULES OF THE FACILITY during any active workout,, event, or activity as I understand that my abidance by the RULES OF THE FACILITY protect myself, other participants, bystanders, and the trainers..…
2). Facility. The RULES OF THE FACILITY shall be applicable to all workouts, events, and activities located at the gym located at 7211 South Eastern Avenue, Las Vegas, Nevada, the entire Shopping Center in which the gym is located, or at any remote location if an event is organized by Camp Rhino (hereinafter collectively referred to as "Facility”).
3). PartiesReleased Parties include Boot Camp Las Vegas LLC and/or Camp Rhino and its directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, the Warm Springs Marketplace Shopping Center including L.D. Warm Springs, LLC, L.D. Warehouse, LLC, Albertsons, CVS, and Chase Bank, and volunteers; all Boot Camp Las Vegas LLC and/or Camp Rhino events, workouts and all activities sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and its directors, officers, employees, agents, contractors, insurers and representatives of any of the foregoing.
Releasing Parties include: the participant as well as participant's spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant's behalf.
4). Assumption of Inherent RisksCamp Rhino hereby discloses the following Inherent Risks.. Camp Rhino Workouts are extremely difficult and sometimes require exhaustive physical effort, and might include challenging obstacles that push participants to their physical limits and also might take place in hostile environments that might include extreme heat or cold, snow, fire, mud, extreme changes in elevation, and water. Some Camp Rhino Workouts include runs, military style obstacles, going through pipes, traversing cargo nets, climbing walls, swimming in cold water, throwing or carrying heavy objects, and traversing muddy areas. Camp Rhino Workouts can be physically hazardous activities that present the ultimate physical and mental challenge to participants. I acknowledge that Camp Rhino Workouts and all related activities are an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks of physical injury means that when engaged in Camp Rhino Workouts that there is always a potential that you or any participant could be injured) regardless of the care and precautions taken by Camp Rhino. I also understand that Camp Rhino Workouts are extremely strenuous and as a result has the inherent risk and danger with pushing yourself to your physical limits. I understand that these hazards may be magnified due to the fact that the Camp Rhino Workouts are sometimes conducted under what may be extreme conditions and circumstances and may require extreme physical effort and feats. I understand and acknowledge that the inherent risks include a risk of you or any participant being physically injured by but not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles); 2) encounter with obstacles (e.g., natural and man-made water, road and surface hazards, close proximity and/or contact with thick smoke and open flames, barbed wire, and pipes); 3) equipment related hazards (e.g., broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions); 4) weatherrelated hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate first aid and/or emergency measures; and 6) judgmentand/or behavior-related problems (e.g., erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the events, workouts and all activities .I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, trips, falls, slips, bruises, sprains, nausea, heat and cold injuries, animal bites and/or stings, and cuts. Serious injuries are less common, but do sometimes occur. They include, but are not limited to: property loss or damage, over-use syndrome, broken bones, fractures, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection, and concussions. Catastrophic injuries are rare; however, could occur which might include drowning, near-drowning, permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death. All of the above within this Paragraph shall be defined as "Inherent Risks”.
I understand that it is my responsibility to inspect the Facility, including the equipment and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify a trainer. By participating in the events, workouts and all activities, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.
I understand fully the Inherent Risks involved in the Camp Rhino Workouts and all activities and assert that I am willingly and voluntarily participating in the events, workouts and all activities. I have read this Agreement entirely and acknowledge that 1) I know the nature of the Boot Camp Las Vegas LLC and/or Camp Rhino events, workouts and all activities; 2) I understand the demands of this activity relative to my physical condition; and 3) I acknowledge that I understand the potential impact of the types of injuries that may result from the Camp Rhino Workouts, events, and all activities. I hereby assert that I knowingly assume all of the Inherent Risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in the Boot Camp Las Vegas LLC and/or Camp Rhino events, workouts and all activities.
Waiver of Liability for Ordinary Negligence:In consideration of being permitted to participate in the Camp Rhino Workouts , events, and all activities, I (on behalf of the Releasing Parties)
hereby forever waive, release, covenant not to sue, and discharge Camp Rhino and the other Released Parties from any and all claims resulting
from the Inherent Risks of Camp Rhino Workouts, events, and all activities or the ORDINARY NEGLIGENCE or OMMISSIONS of Camp Rhino or
other Released Parties..
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the Camp Rhino Workouts, events, and all
activities participation. This includes injury during course inspection, observation, practice runs, the events, workouts and all activities, and while
at the Facility or events or activities organized by Camp Rhino (including, but not limited to stands, sidewalks, parking areas, restrooms, and
dressing facilities); and 2) any and all claims resulting from damage to, loss of, or theft of property
Indemnification AgreementI hereby agree to hold harmless, release, defend, discharge, and indemnify Camp Rhino and the Related Parties, co-participants, rescuers, and others arising from my conduct in the course of my participation, including attorneys’ fees and costs, and any other expenses incurred as a result of a breach of the terms of this Agreement from any and all claims made by me (or any Releasing Party) arising from any harms injury or loss due to my participation in the Camp Rhino Workouts, events, and all activities
Venue and Jurisdiction:I understand that if legal action is brought, the appropriate state or federal trial court for the county of Clark in the State of Nevada has the sole
and exclusive jurisdiction and that only the substantive laws of the State of Nevada shall apply.
Severability: I understand and agree that this 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 Nevada and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Integration:I agree 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 Camp Rhino . This Agreement cannot be modified or changed in any way by representations or statements by any agent or employee of Camp Rhino. This Agreement may only be amended by a written document duly executed by all parties.
Mediation and Arbitration:In the events, workouts and all activities of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any
agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by non-binding mediation,
I agree that all disputes, controversies, or claims arising out of my participation in Camp Rhino Workouts, events, and all activities shall be
submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such
action shall be shared equally by the parties
RULES ADDENDUMAttitude and Behavior: I agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.
Govern Participation: I understand that Camp Rhino or its hired trainers have the authority to issue instructions or directions relating to the manner of my safe participation in the Course or Related Activities and the absolute authority to halt my participation in a workout, a course or related activity at any time they deem it necessary to protect the safety of myself, participants, spectators, and personnel; and/or promote fairness and the spirit of Camp Rhino.
Alcohol & Drugs: Alcohol and drugs are not allowed at the Facility or Camp Rhino sponsored events. I certify that I am not and will not ever be under the influence of alcohol or any drugs that would in any way impair my ability to safely participate at a Camp Rhino Workout, at the Facility, Camp Rhino event or activity. I further, understand that alcohol consumption following the events, workouts and all activities is discouraged by Camp Rhino and Camp Rhino shall take no responsibility whatsoever for any decision to consume alcohol at any time before, during or after a Camp Rhino activity. Furthermore, I agree to notify a trainer if you become aware of have suspicion that another participant or spectator is under the influence of drugs or alcohol at the Facility.
Scheduled Camp Rhino Workouts and Special Events. I acknowledge that Camp Rhino at its sole and absolute discretion may delay, modify, or
cancel the Camp Rhino events, workouts and all activities if conditions or natural or man-made emergencies make administering the events,
workouts and all activities unreasonably difficult or unsafe. I agree that "emergency" is defined to mean any events, workouts and all activities
beyond the control of Camp Rhino including but not limited to: high wind, rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism,
fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the events,
workouts and all activities of a delay, modification, or cancellation of the Camp Rhino Workouts, events, or activity, I understand that I will not be
entitled to a refund of my entry fee or any other costs incurred in connection with the cancelled or delayed activity.
Dues and Fee Refunds: I understand that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for Camp Rhino Workouts, events, and all activities are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or events, workouts and all activities cancellation. I UNDERSTAND THAT ALL MEMBERSHIPS ARE ON-GOING AND MONTH-TO-MONTH MEMBERSHIPS MAY BE CANCELLED ANYTIME BY EMAILING ADMIN@CAMPRHINO.COM. There are no refunds for membership dues that continue to bill if no email has been sent. You may call the front desk to cancel your membership, however, they will still ask you to email firstname.lastname@example.org to cancel.
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses (hereinafter "Images”) of me captured during or at the Camp Rhino workouts, events and activities and I agree that all such Images shall become and is the sole property of Camp Rhino and/or assigns. I grant the right, permission and authority to Camp Rhino to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate business purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Camp Rhino, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
Specific Rules: I specifically acknowledge and agree to abide by the following rules: 1) no urination or defecation is permitted outside of designated
areas; 2) no wheeled conveyances or pets are allowed in the Course at any time; 3) no clothing, props or equipment that pose an unnecessary risk
to participants, spectators or personnel are permitted; and 4) obey civil and criminal laws including traffic laws.
Appropriate attire:I understand that I should wear workout attire and protective gear where prudent.
Safety: I understand that I should move the safety pads to obstacles I’m using in case I should fall.
Equipment: Immediately tell the front desk or a Camp Rhino trainer if equipment needs to be maintained or is broken
Cleanliness: Notify the front desk if the restrooms or any other area in Camp Rhino need to be serviced and tidied up.
Parents: All parents bringing children must each time sign in at desk and must take full responsibility for their children, putting safety pads where they are using obstacles and approving each activity and exercise they participate in. There is a separate contract associated with the kids classes that must be signed. Unless kids are with a trainer or in a class, they must stay on the tile at the front and may not go past the tile floor. You agree to release and discharge Camp Rhino, its personal, owners, operators, the facility owners, agents, volunteers and all other parties related to the ownership and operation of the gym and facility ("Released Parties”) from all liability whatsoever, and waive all claims, demands and actions for any and all injuries, harms, or damages sustained by the children in connection with their use or presences at the facility, gym or Camp Rhino sponsored event whether within the gym itself or outside of the gym either at the shopping center in which it is located or other location whereas Camp Rhino is associated arising or resulting from the negligent acts or omissions of Camp Rhino or the negligent acts or omissions of me, any other child at the gym, other members, guests, visitors or other persons at the gym or outside of the gym. I agree to defend, indemnify and hold Camp Rhino and the Released Parties harmless against any and all claims including attorneys’ fees and costs, brought by anyone against Camp Rhino related to such injury, harm or damages.
Weapons: No weapons are allowed in Camp Rhino.
Agreements for the Protection of Participants:
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