RELEASE AND WAIVER OF LIABILITY AND WAIVER OF ALL CLAIMS AGAINST SPLASH ZONE WATERPARK Please read this document. It affects Your legal rights against Splash Zone Waterpark if you are injured on the Flow Rider. By signing this Waiver, you acknowledge that it contains a complete release of any and all claims against Splash Zone Waterpark and that you have read the agreement and agree to its terms.
1. FLOW RIDING CAN BE DANGEROUS! The Flow Rider is a very aggressive white water attraction. You may unavoidably achieve body positions that result in personal injury during your participation in Flow Rider operations. The tricks, stunts or body positions that you may attempt (or inadvertently achieve) will be based on your real physical abilities and skill level. There is a risk of self-inflicted injury or injury caused by others that can result from such tricks, stunts or body positions which exceed your skill level. For example, you may sustain injury as a result of slipping on, or striking surrounding ride elements, including the ride bottom, flow fence divider, support structures, ride vehicles, containment walls, entering exit riders, ride attendants or other ride components. In addition, since the attraction and the ride vehicles may contain fiberglass, plastic, wood, metal or other hard or potentially dangerous substances, your contact with them may also cause injury. Furthermore, riding may result in the flow of water picking you up and pitching you head over heels into a fiberglass/steel subsurface that is partially covered by foam or matting. All of the above is risky. Although you may have ridden this ride before without any problem whatsoever, severe injury is possible. Individuals who weigh in excess of 250 pounds are not permitted to ride stand up. Individuals who are over 50 years old must be certified to ride Stand Up. Please contact our staff for details. 2. SPLASH ZONE WATERPARK IS ASKING YOU TO GIVE UP LEGAL RIGHTS IN ORDER TO UTILIZE THE FLOW RIDER. Splash Zone Waterpark is asking you to give up certain valuable legal rights. You, your personal representative and your heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Splash Zone Waterpark and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of your participation in the Flow Rider. You specifically understand that you are releasing, discharging and waiving any claim or action that you may have present or in the future for the negligent acts or conduct by the owners, agents, servants or employees of Splash Zone Waterpark or any of the designers or manufacturers of the Flow Rider. Here are the legal rights that you are giving up when you sign this document: You give up your right to sue Splash Zone Waterpark in a court of law.
You give up your right to a trial by jury.
You give up the right to claim money from Splash Zone Waterpark if you are injured.
You give up the right to claim money from Splash Zone Waterpark if you are injured by another person.
You give up the right to recover damages or punish or make an example of Splash Zone Waterpark. 3. WHO IS BOUND BY THIS WAIVER AND RELEASE? You are bound by this document. Anyone who has or can obtain your rights is also bound by this document, like your family, relatives, guardians, executives or anyone responsible for you. As used in this document, Splash Zone Waterpark includes people who work for or are associated with Splash Zone Waterpark, like its owners, associated companies, managers, employees, directors, members, agents, volunteers, sponsors, vendors, exhibitors and WhiteWater West Industries LTD. 4. DO YOU AGREE TO ABIDE BY THE RULES OF SAFE CONDUCT, VIEWED THE TRAINING VIDEO AND ACKNOWLEDGE THAT THE INFORMATION YOU HAVE PROVIDED ON THIS WAIVER AND RELEASE IS ACCURATE?
I Agree |