Minor Participants Registering for 2026 American Martyrs - 02/28/2026 Assumption of Risk, Waiver of Liability, and Indemnity Agreement
The activities at American Martyrs Wellness Expo (hereinafter "AMS Wellness") include, but are not limited to, climbing, swinging, crawling, jumping, running, and hanging. These activities provide an opportunity for fun; improved physical fitness; vigorous, healthful exercise; exciting group competition; improved agility and balance; wholesome recreation; and other benefits. Participating in AMS Wellness 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 absolutely no experience who use sufficient caution. Physical activities are at the core of AMS Wellness, and such can range from basic to challenging maneuvers and from moderate exercise to very vigorous and challenging exercise. AMS Wellness 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, required safety speech, available 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 COPARTICIPANTS; errors in judgment by a AMS Wellness volunteer; and injuries caused by negligence on the part of AMS, its employees, you or CO-PARTICIPANTS. Assumption of Inherent Risks I understand that the inherent risks of AMS Wellness activities are serious and that some of these activities involve risks regardless of the care taken by AMS Wellness. I realize that AMS Wellness 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 AMS Wellness 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 AMS Wellness 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 AMS Wellness In consideration of permission to use the property, facilities, equipment, and services of AMS Wellness, 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 AMS Wellness and American Martyrs School, 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 AMS Wellness 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 AMS Wellness 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 AMS Wellness & American Martyrs School, 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 AMS Wellness 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 AMS Wellness & American Martyrs School 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 CO- PARTICIPANTS, rescuers, and others arising from my and, if applicable, my child's or ward's, conduct in the course of using the AMS Wellness & American Martyrs 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 AMS Wellness & American Martyrs School and cannot be modified or changed in any way by representations or statements by any agent or employee of American Martyrs School. 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 California 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 AMS Wellness 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 AMS Wellness facilities 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 Los Angeles in the State of California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California 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 American Martyrs School. These acknowledgements aid AMS Wellness & American Martyrs School 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 coordination to enable safe participation in AMS Wellness activities. • I and, if applicable, my child or ward, assume the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, epilepsy, heart disease or high blood pressure). • AMS Wellness 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). • I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 or other communicable diseases by attending AMS Wellness and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases at AMS Wellness may result from the actions, omissions, or negligence of myself and others, including, but not limited to, American Martyrs employees, participants and their families. Emergency Care I, on behalf of myself and, if applicable, my child or ward, assert that: • American Martyrs administer emergency first aid, CPR, and use of an AED if available and deemed necessary. • American Martyrs 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 American Martyrs 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 AMS Wellness & American Martyrs School has authority to terminate participation if it is deemed a potential risk to you or others. Likeness Release I grant American Martyrs 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 California. 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. I am completing this waiver as the Parent or Legal Guardian of the Minor(s) / Ward(s), identified below and consistent with California State law. In addition, I certify that I am 18 years of age or older. Signee Information (Adult 18+)