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 an "agreement to arbitrate disputes" 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 heals into a fiberglass/steel subsurface that is partially covered by foam or matting. All of the above is risky. Although many before you have ridden this ride without any problem whatsoever, severe injury is possible. 2. CAN YOU MAKE A CLAIM FOR MONEY DAMAGES IF YOUR MINOR CHILD IS INJURED? If your minor child is injured and you want to make a claim, you must file a claim before the American Arbitration Association (AAA). The AAA is an independent agency which resolves disputes fairly and without favoritism. Splash Zone Waterpark cannot select who will be the single arbitrator to decide the dispute. The address of the Association is 220 Davidson Avenue, Somerset, New Jersey 08873, Tel. (732) 560-9560. You agree that any dispute between you and Splash Zone Waterpark will be decided by the AAA in Cape May County, NJ. You are not required to hire a lawyer to make your claim. If you hire your own lawyer, you must pay your own lawyer. If you or Splash Zone Waterpark does not follow the requirements of this document, then you or Splash Zone Waterpark may be required to pay the other's attorney's fees. 3. SPLASH ZONE WATERPARK IS ASKING YOU TO GIVE UP LEGAL RIGHTS IN ORDER TO UTILIZE THE FLOW RIDER RIDE. Splash Zone Waterpark is asking you to give up certain valuable legal rights. Here are the legal rights you are giving up when you sign this document: (a)You give up your right to sue Splash Zone Waterpark in a court of law.
(b)You give up your right to a trial by jury.
(c)You give up the right to claim money from Splash Zone Waterpark if you are injured.
(d)You give up the right to claim money from Splash Zone Waterpark if you are injured by another person.
(e)You give up the right to recover damages or punish or make an example of Splash Zone Waterpark.
4.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, such as your family, relatives, guardians, executives or anyone responsible for you. As used in this document, Splash Zone Waterpark also includes the people who work for and are associated with Splash Zone Waterpark, such as its owners, associated companies, managers, employees, directors, members, agents, volunteers, sponsors, vendors, exhibitors and WhiteWater West. 5. DO YOU AGREE TO ABIDE BY THE RULES OF SAFE CONDUCT, VIEWED THE TRAINING VIDEO AND ACKNOWLEDGE THAT THE INFORMATION YOU PROVIDED ON THIS WAIVER AND RELEASE IS ACCURATE? I Agree
The Signature of Your Parent or Guardian |