IN CONSIDERATION of being permitted to participate in any and all activities or attractions at the Splashway Waterpark & Campground, Including but not limited to lighted river float ride, occupancy and usage, ice skating, occupancy and usage, jump pad, occupancy and usage; s'more making; arts and crafts; bingo; caroling; petting zoo; pictures with Santa; photo opportunity sets at Splashway Waterpark & Campground, by my signature below, for myself, for my personal representatives, assigns, heirs, next of kin, and for and on behalf of all persons who are part of my group visiting or camping at Splashway Waterpark and Campground under my reservation or ticket purchase: I Agree I ACKNOWLEDGE, agree, and represent that I understand the nature of the above activities and related activities and that I and the individuals listed below are qualified, in good health, in proper physical condition to participate in such activities and willingly agree to comply with the Standards, Rules and Customary terms and conditions of participation. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately notify the nearest official and discontinue further participation in the activity and will instruct all individuals in my group to immediately discontinue further participation in the activity.
I Agree I FULLY UNDERSTAND that: (a) the activities listed above and related activities involve risks and dangers which could result in serious bodily injury, including permanent disability, paralysis, and death as well as property damage ("RISKS"); (b) these RISKS and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the "released parties" named below; (c) there may be Other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES which incur as a result of my participation or the participation of any of the minors in my group listed below in the activity.
I Agree I HEREBY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Splashway Waterpark & Campgrounds, Splashway LLC, its members, its owners, administrators, directors, agents, officers, members, volunteers, and employees, and all other participants (the "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES TO ME AND/OR ON MY ACCOUNT, WHICH ARE CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASED PARTIES", and I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, if I or anyone acting on my behalf, makes a claim against any of the Released Parties, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH AND ALL OF THE RELEASED PARTIES from any litigation expenses, attorney fees, loss, liability, damages, or costs which any may incur as the result of such claim.
I Agree I ACKNOWLEDGE that while participating in the above activities, I will comply with all safety instructions communicated by Splashway and its employees.
I Agree I FULLY ACKNOWLEDGE that this event has attractions that feature alternating colors, light, and sound that could pose a hazard for those that have epilepsy or a history of seizures.
I Agree I FULLY UNDERSTAND that I am responsible for the property of Splashway while same is being rented to me or in my possession. If Splashway property is lost, stolen, damaged, or not returned in working condition I will be held fiscally responsible and agree to pay and/or reimburse Splashway for the costs of repair or the replacement of any damaged or lost property.
I Agree I HEREBY GRANT permission for the performance of any medical treatment that may be required in the case of an accident wherein I am rendered unconscious or unable to approve of the required medical treatment.
I Agree I HEREBY AGREE to permit Splashway and other quests to take photographs and make film records of the activity, in which I am participating in, without further recourse. I understand and agree that such photographs and/or film records may be used for commercial and/or promotional purposes.
I AM RESPONSIBLE FOR THE PARTICIPANTS OF UNDER THE AGE OF 18 AT THE TIME OF REGISTRATION AT SPLASHWAY WHOSE NAMES ARE LISTED BELOW. THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ABOVE LISTED ACTIVITIES AND RELATED ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES; BELIEVE THE MINOR(S) LISTED BELOW TO BE QUALIFIED, IN GOOD HEALTH,AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY; HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES TO THE MINOR(S) LISTED BELOW CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASED PARTIES" OR OTHERWISE. FURTHER AGREE THAT IF, DESPITE THIS RELEASE, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASES NAMED ABOVE; AND FURTHER AGREE THAT,IF,DESPITE THIS RELEASE, THE MINOR OR ANYONE ACTING ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES NAMED ABOVE, WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGES, OR COSTS, THAT MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
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