adult WAIVERS

WAIVER AND RELEASE OF LIABILITY – ADULT PARTICIPANT

In consideration of being permitted to enter the premises, use the facilities, obstacles, related equipment and/or observe or participate in any way in Amped Obstacles, LLC and Amped Obstacles Mobile Course (collectively, “Amped Obstacles”), programs, events, or activities whether on or off the premises (the “Activity”), I, for myself and my heirs, estates, executors, representatives, administrators, and assigns, agree as follows:

1. REPRESENTATION OF PHYSICAL CONDITION

I ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate. I do not know of any condition that would prevent my safe participation.

If at any time I believe conditions to be unsafe or I feel unable to safely continue, I will immediately discontinue participation.

2. PERSONAL RESPONSIBILITY FOR SAFETY

I agree that my safety is primarily my own responsibility. I agree to:

  • Follow all posted rules and staff instructions

  • Use equipment properly

  • Limit participation according to my fitness level

  • Refrain from actions that pose a hazard to myself or others

  • Stop and seek assistance if unsure how to proceed safely

3. ASSUMPTION OF RISK

I FULLY UNDERSTAND THAT THE ACTIVITY INVOLVES RISKS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH.

These risks may arise from:

  • Falls from elevated obstacles

  • Grip failure

  • Rope burns

  • Slipping or tripping

  • Collisions with equipment or participants

  • Physical overexertion

  • Equipment malfunction

  • THE NEGLIGENCE OF THE RELEASEES

There may be other risks not known to me or not readily foreseeable.

I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES.

4. NO INSURANCE PROVIDED

I acknowledge that Amped Obstacles does not provide accident or health insurance coverage for participants and that injuries may result in substantial financial loss.

5. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Amped Obstacles, LLC, its affiliates, owners, directors, officers, managers, members, agents, employees, volunteers, participants, and attorneys (collectively, the “Releasees”) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, OR LIABILITY ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITY, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES, INCLUDING NEGLIGENT RESCUE OPERATIONS.

THIS AGREEMENT RELEASES AMPED OBSTACLES, LLC FROM LIABILITY FOR ITS OWN NEGLIGENCE.

6. INDEMNIFICATION

If I or anyone on my behalf makes a claim against any Releasee despite this Agreement, I agree to indemnify, defend, and hold harmless each Releasee from any litigation expenses, attorney’s fees, loss, liability, damage, or cost incurred as a result of such claim.

7. MEDICAL AUTHORIZATION

In the event of injury or emergency, I authorize Amped Obstacles to obtain emergency medical treatment for me if deemed necessary. I understand I am financially responsible for any such treatment.

8. LIKENESS RELEASE AND CONSENT

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, hereby grant to Amped Obstacles, including its affiliates, successors, assigns, licensees, and representatives, the irrevocable, perpetual, worldwide, royalty-free right and permission to photograph, videotape, record, and otherwise capture my name, image, likeness, voice, appearance, performance, and biographical information (collectively, the “Likeness”), and to use, reproduce, edit, modify, publish, distribute, display, transmit, create derivative works from, and otherwise exploit the Likeness in any and all media now known or hereafter developed, including but not limited to social media platforms, websites, online advertising, print marketing materials, promotional videos, broadcast media, email campaigns, digital advertisements, event recaps, and AI-enhanced or edited media, for both commercial and non-commercial purposes.

I understand and agree that no compensation will be provided for such use, that I waive any right to inspect or approve the final use of the Likeness, and that Amped Obstacles is not obligated to use the Likeness. I hereby release, discharge, and agree to hold harmless Amped Obstacles from any and all claims, demands, or causes of action arising out of or related to the use of the Likeness, including but not limited to claims for invasion of privacy, right of publicity, defamation, or emotional distress.

I represent and warrant that I am age 18 or older, and I agree to indemnify and hold harmless Amped Obstacles from any claims arising out of or related to my lack of such authority. This Release shall be binding upon me, my respective heirs, legal representatives, and assigns.

9. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Texas. Venue for any action not subject to arbitration shall be exclusively in Dallas County, Texas.

10. ACKNOWLEDGMENT OF SUFFICIENT TIME TO REVIEW

I acknowledge that I have had sufficient time to read this Agreement in full. I understand its terms and have had the opportunity to ask questions before signing. I am not relying on any oral representations not contained in this written Agreement.

11. WAIVER OF RIGHT TO JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR MY PARTICIPATION IN THE ACTIVITY.

I understand that I am giving up a substantial constitutional right.

12. AGREEMENT TO BINDING ARBITRATION

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR MY PARTICIPATION IN THE ACTIVITY SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.

Arbitration shall:

  • Be conducted in Dallas County, Texas

  • Be governed by the Federal Arbitration Act and Texas law

  • Be conducted before a single neutral arbitrator

I understand that arbitration replaces the right to go to court and that the arbitrator’s decision will be final and binding.

I agree that arbitration shall be conducted on an individual basis only, and I waive any right to participate in a class action or collective proceeding.

13. SEVERABILITY

If any portion of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

14. ACKNOWLEDGMENT

I ACKNOWLEDGE THAT:

  • I AM 18 YEARS OF AGE OR OLDER;

  • I HAVE READ THIS AGREEMENT CAREFULLY;

  • I FULLY UNDERSTAND ITS TERMS;

  • I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS;

  • I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY;

  • I INTEND THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT PERMITTED BY TEXAS LAW.