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SPLASHTOWN WATERPARKS, PARTICIPANT AGREEMENT WAIVER

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION

OF RISKS AND INDEMNITY AGREEMENT

(hereinafter the “Release Agreement”)

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE

OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE

RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN

ACCIDENT.

PLEASE READ CAREFULLY!


In consideration of the services of Splashtown Waterparks, Splashtown Niagara Aquapark, Splashtown Manitoulin Aquapark, the City of Port Colborne Ontario and/ or The Municipality of Central Manitoulin and their agents, owners, officers, volunteers, participants, employees, and all other persons and entities acting in any capacity on their behalf (here in after collectively referred to as Splashtown waterparks) . I hereby agree to release indemnify and discharge Splashtown Waterparks, Splashtown Niagara Aquapark, Splashtown Manitoulin Aquapark, The City of Port Colborne Ontario and / or The Municipality of Central Manitoulin on behalf of myself, my spouse, my children, my parents my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that participating in the Splashtown Niagara Aquapark (WIBIT) involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, property or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I relinquished their right to sue in the case of injury or death due to an honest mistake or outright negligence by the company or its employees. The risks include, among other things: slips, falls, head injuries, being struck by equipment, stuck by other participants, forces of nature including extremes of weather, lightning, and rapid weather changes, exposure to sun, heat stroke, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; the risk of collision with objects or other watercraft, crashing; the risk of boat capsizing and entrapment within the water park, the risk of collision with objects or other watercraft, drowning; the risk of exposure to insect bites; travel in remote areas of the course; illness in remote areas; aggressive and or poisonous marine life; risks, arm, shoulder and or back injuries; my own physical condition; accidental drowning and the physical exertion associated with these activities. Furthermore, Splashtown Niagara Aquapark (WIBIT) employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.

2. I understand that any photograph, sound recording, motion picture or video taken of me under this assignment is for the sole purpose of collecting and or representing factual information in the interest of serving the good work of Splashtown Niagara Aquapark (WIBIT) in education, public good. I hereby assign to the Splashtown Niagara Aquapark (WIBIT), all rights, title, and interest, including copyright, in and to any and all such photographs, sound recordings, motion pictures, or videos, and I hereby irrevocably authorize the Splashtown Niagara Aquapark (WIBIT),its officers, agents, and employees, without limitation, to reproduce, copy, sell, exhibit, publish, or distribute, in any medium now known or later developed, any and all such photographs, sound recordings, motion pictures, or videos in perpetuity for the purposes expressed above. I further release and forever discharge the Splashtown Niagara Aquapark (WIBIT),its officers, agents, and employees from any and all claims and demands arising out of or in connection with the use of said photographs, sound recordings, motion pictures, or videos, including but not limited to any and all claims for invasion of privacy, defamation, or infringement of copyright. By signing below, I acknowledge that I have freely and voluntarily entered into this agreement.

3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in the activity is purely voluntary and I elect to participate in spite of the risks. Additionally, I agree to wear a Canadian Coast Guard approved personal flotation device (life jacket) throughout the participation of this event.

4. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Splashtown Niagara Aquapark ( WIBIT), from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity or my use of Splashtown Niagara Aquapark (WIBIT) equipment, or facilities, including any such claims which includes negligent acts or omission of Splashtown Niagara Aquapark (WIBIT).

5. Should Splashtown Niagara Aquapark (WIBIT) or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

6. I certify that I have adequate insurance to cover injury or damage I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume all risks of any medical or physical condition(s) I may have. I assume full responsibility for any loss of personal property (camera, glasses, shoes, watches, etc..) and any costs associated with said loss.

7. In the event that I file a lawsuit against Splashtown Niagara Aquapark (WIBIT), I agree to do so solely in the Province of Ontario, Canada, and I further agree that the substantive law of the province shall apply in that action without regard to the conflict of law rule of that province. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Splashtown Niagara Aquapark (WIBIT), on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

8. for subjects under 18 years of age: I hereby certify that I am the parent or guardian of the person named above, and I do hereby give my consent without reservation to the foregoing on behalf of him or her.

9. This waiver also includes any and all particpants that will paticipating in the following activities. Kayak rental, Paddle Board Rentals, Floating Fun Mat rentals, provided by Splashtown Niagara.

10. The participant being of lawful age, 18 years old and in consideration of being permitted to participate in the activity. this waiver fporever discharges Splashtown Niagara and The cotu of Port Colborne, their oweners, directors, officers, employees, agents, representatives and successors from all manner of actions, causes or actions, debts, accounts, bonds and contracts claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the participant. which has been or may be sustained as a consequence of the particpant's participation in the activity and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the activity provide.

11. The participant understands that the participant would not be permitted to participate in the in the above mentioned activites unless the participant signede this waiver

12. The participant acknowledges that this waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the ACtivity Provider, and with the intention of binding the particpant's spouse, heirs, executors, administrators, legal representatives, and assigns.

13. The Participant acknowledges to the Activity Provider that the Participant does not have any physical medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the activity. If required, the Participant will obtain a medical examination and clearance.

14. The Participant acknowledges and agrees wth the Activity Provider that (1) the Activity Provider ( Splashtown Niagara) hasw given the Participant sufficent time to carefully read this waiver, (2) the Participant has been given the opportunity and ecnouraged to seek independent legal advice prior to signing this waiver, (3) the Participant fully understands the risk and claims that the Participant is waiving to participate in the activity, 

(4) the Particpant is freely and voluntarily executing this waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Activity Provider known as, Splashtown Niagara, Splashtown Waerparks, Splashtown Manitoulin, and the City of Port Colborne for any property loss or personal injury the particpant may sustain while particpating in or preparing for the activity.

15. The particpant acknowledges that they are responsilbe for the rental equipment during the rental period. The participant agrees to be held fully repsonsible for any and all damages to rental equipment, up to complete product replacement plust shipping fees and all applicable taxes. Damages are determined by the Activity Provider upion return of the rental equipment.


 

Today's Date: July 26, 2024 






First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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*

Middle Name

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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.


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