Loading...

Pine Lake Waterpark

4640 West State Road 218

Berne, Indiana 46711

Waiver and Release of Liability

Your receipt and signature of this Waiver and Release of Liability (“Waiver”) is a necessary condition for your admittance to Pine Lake Water Park owned and operated by Pine Lake Inc., doing business as Pine Lake Water Park (“Pine Lake”).

  1. Definitions. For purposes of this Waiver: (a) "Water Park" means the water park premises and all attractions, rides, pools, lake, slides, splash areas, decks, walkways, locker areas, parking areas, and related facilities and equipment owned and operated by Pine Lake near Berne, Indiana; (b) "Activities" means entering the Water Park, observing, participating in, or using any Water Park premises, attraction, facility, or equipment, whether in or out of the water; (c) "Released Parties" means Pine Lake Inc. and each of its respective owners, officers, directors, employees, lifeguards, agents, contractors, and representatives; and (d) "Participant" means the undersigned individual signing this Waiver.
  2. Acknowledgment of Risk; Assumption of Risk. Participant understands and acknowledges that the Activities involve inherent and other risks that may result in property damage, serious bodily injury, illness, permanent disability, or death. These risks include, without limitation: (a) drowning or near-drowning; (b) slips, trips, and falls on wet or uneven surfaces; (c) collisions with other guests or contact with fixed or moving objects, ride components, or equipment; (d) injuries from water currents, waves, speed, height, impact, or sudden movement; (e) exposure to sun, heat, weather, and water conditions; and (f) risks arising from Participant's own acts or omissions, the acts or omissions of other guests, and the acts or omissions of the Released Parties, including ordinary negligence. Participant voluntarily chooses to enter the Water Park and participate in the Activities and fully and completely assumes all risks of any kind arising from or related to the Activities, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law. Participant further understands and acknowledges that signs are posted through the Water Park warning of the dangers associated with the Activities and Participant’s assumption of all risk. 
  3. Waiver and Release of Liability. In consideration of being permitted to enter the Water Park and participate in the Activities, Participant, on behalf of Participant and Participant's heirs, executors, administrators, personal representatives, and assigns, releases, waives, and forever discharges the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to the Activities or presence at the Water Park, including claims based on the ordinary negligence of any Released Party, to the fullest extent permitted by law.
  4. Covenant Not to Sue. Participant agrees not to sue, commence, or assist in any claim or proceeding against any Released Party for any claim released by this Waiver. If Participant breaches this covenant, Participant agrees to reimburse the applicable Released Party for reasonable costs and attorneys' fees incurred in defending such claim, to the fullest extent permitted by law.
  5. Rules; Safety; Removal. Participant agrees to comply with all posted rules and all instructions from Water Park staff, including lifeguards. Participant understands that failure to follow rules or instructions increases risk of injury. The Water Park may deny entry to, restrict participation by, or remove Participant for unsafe conduct or rule violations.
  6. Medical Authorization; Costs. If Participant is injured or becomes ill at the Water Park, Participant authorizes the Water Park and its staff to obtain or provide reasonable first aid and to contact emergency medical services as deemed appropriate. Participant understands the Water Park has no duty to provide medical care and that Participant is solely responsible for all medical and related costs.
  7. Personal Property. While at the Water Park, Participant is responsible for Participant's personal property. To the fullest extent permitted by law, Participant releases the Released Parties from claims for loss, theft, or damage to personal property occurring at the Water Park.
  8. No Release for Non-Waivable Conduct. Nothing in this Waiver releases any claim to the extent applicable law prohibits release, including claims based on reckless or willful misconduct, or other non-waivable conduct.
  9. Severability; Governing Law; Entire Agreement. If any provision of this Waiver is held invalid or unenforceable, the remaining provisions will remain in full force to the maximum extent permitted by law. This Waiver is governed by Indiana law. Participant agrees that any lawsuit relating to the Water Park must be filed in state court in Adams County, Indiana. This Waiver is the entire agreement between the parties regarding the subject matter of the Waiver and may not be modified in any way unless signed by an authorized representative of Pine Lake.
  10. Acknowledgment and Signature. Participant acknowledges that Participant has read and understands this Waiver, understands that Participant is giving up substantial legal rights (including the right to sue), and signs the Waiver knowingly and voluntarily.

Legal Capacity. Participant represents to Pine Lake and Water Park that Participant is over 18 years of age. If the Participant is a minor (less than 18 years of age), the Participant’s parent or legal guardian must sign this Waiver on behalf of the minor and agrees to fully indemnify the Released Parties from any and all claims asserted by or on behalf of the minor.

PARK RULES & POLICIES

1. Admissions and Rider Restrictions. Admission grants a revocable license to enter and use all available attractions, unless restricted by conditions that could prohibit safe participation, including: (a) Height, weight, or age requirements, (b) Physical limitations such as pregnancy, heart conditions, back or neck problems, or recent surgeries, (c) Medical conditions affected by water immersion, speed, physical exertion, or animal contact, (d) Known allergies to animals, hay, feed, plants, or insects, (e) Observed inappropriate, unsafe, intoxicated, or impaired behavior. Pine Lake reserves the right to refuse or revoke admission at any time for safety, operational, or policy reasons.

2. Safety Warnings.  Slippery surfaces, water attractions, animal areas, and physically demanding activities are present throughout the Park.  (a) Stay alert, read all signs, follow all posted rules, and follow all staff instructions. (b) Water attraction hazards include slippery or uneven surfaces, lake water of varying depths, sudden changes in speed or direction, collisions with attraction surfaces or other guests, water ingestion or submersion, sun and heat exposure, and physical exertion. (c) Petting Zoo hazards include animal bites, scratches, headbutts or kicks, allergic reactions, uneven ground, and weather-related slippery conditions.

3. Petting ZooRules. (a) Treat animals with respect at all times. (b) Do not feed animals without staff permission. (c) Stay within designated visitor areas unless authorized by staff. (d) Supervise children at all times in the Petting Zoo area. (e) Keep all gates, latches, and enclosures closed and secured; do not open or tamper unless authorized. (f) Wash hands before and after animal contact at provided station. (g) Failure to follow Petting Zoo rules may result in removal from the attraction or Park premises.

4. Lifeguard and Staff Information. Lifeguards may be on duty at some water attractions and staff may be present at the Petting Zoo. Lifeguards and staff are not responsible for individual guest supervision.

5. Your Safety. Guests are responsible for their own safety. Parents and guardians are responsible for the supervision and safety of any minors or others in their care throughout all attractions and common areas.

6. General Policies. 1. Photography. By entering the Park, guests grant Pine Lake permission to use photographic or video images captured at the Park in advertising, promotions, social media, or other publications. 2. Compliance.   Admission is subject to all applicable federal, state, and local health and safety orders in effect at the time of entry. No refund will be provided due to any closure or capacity limitation resulting from government orders.   3. Security Screening. Pine Lake may conduct bag checks or metal detection at any time. Refusal to comply may result in denial of entry.   4. Lost or stolen property. Pine Lake is not responsible for lost, stolen, or damaged property.   5. Conduct. Admission may be revoked for theft, law violations, unauthorized entry, safety violations, vandalism, disorderly conduct, intoxication, or possession of alcohol, illegal drugs, or weapons.    6. Operational changes. Attractions may be altered or closed without notice. Not all attractions are guaranteed to be available on any given day.   7. Refunds. No refunds or rain checks for unused, expired, or lost tickets, or due to inclement weather.


First Patron Name
First Name*
Last Name*
First Patron Date of Birth*
Date of Birth
First Patron Signature*
Second Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Third Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Fourth Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Fifth Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Sixth Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Seventh Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Eighth Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Ninth Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Tenth Patron Name
First Name*
Last Name*
Patron Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!