Today's Date: September 27, 2023
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
In consideration of being allowed to use the facilities and participate in the Aqua Park, swimming beach, Stand Up Paddleboards, and other activities (collectively the "Activities") provided by Love Ride Inc. dba Velocity Island Park (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that Participant (or his/her next of kin) has or may have against the Host and/or the City of Woodland arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment,actual or alleged transmission of a communicable disease such as COVID-19, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host and the City of Woodland, and their respective owners, officials, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY the Host and the City of Woodland, and their respective owners, officials, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him /her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host's Equipment and facilities before any participation by Participant.
The Participant acknowledges that the Aqua Park is unguided, and will participate in a mandatory safe briefing session prior to the start of the course. Should Participant prove unwilling or unable to follow the safety rules (listed below and on display at the Aqua Park, Participant acknowledge that Love Ride, Inc. (DBA Velocity Island Park) has the right to and may immediately end participants use of the Aqua Park and have participant leave the premises.
The participant acknowledges that they are required to wear a Coast Guard approved lifejacket whilst participating on the Aqua Park. Participants acknowledge that guides or instructors are available to answer any questions that may arise with regards to proper use of the equipment.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
The Participant understands that s a part of their participation in this event their photograph may be taken by a representative of Love Ride, Inc. (DBA Velocity Island Park) or any media that may be present and that their photograph may be used in promotional advertising or media coverage. This constitutes my approval to use any imagery for such purposes.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host, the City of Woodland, and their respective counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
AQUA PARK / SWIM BEACH SAFETY RULES
- DO NOT swim UNDER the Aqua Park Features
- NO HEAD FIRST Diving
- NO FLIPS (Front flip, back flip or similar.)
- FEET FIRST only on all slides
- LOOK before you jump
- NO Rough Play
- NO Jumping from the top of large Slide & Ice Berg.
- MUST be 6 years or older to use Aqua Park
- MUST wear a USCG Personal Flotation Device (TYPE II PFD) and keep it buckled UP at all times
- SHOES are not permitted on the Aqua Park
- NO Sharp Objects (such as Selfie sticks, jewelry, watches, hair pins, etc.)
- NEVER Place wrists or feet through handles.
- DO Not swim,stand or climb below other climbers
- NO Swearing
- ALWAYS follow instructions and direction of staff
- Be RESPECTFUL of all users and give priority to younger and smaller children
- Anyone who appears to be under the influence of drugs or alcohol may not participate.
- Pregnant women are prohibited from going on the Aqua Park Course
- Velocity Island Park reserves the right to close the Park without refund at any time due to inclement weather deemed unsafe for guests
- Marine Lifeforms, bacteria and microorganisms can be present in any fresh body of water. People with open wounds and or weak immune systems should not enter the water. Nose plugs may help prevent exposure.
- Velocity Island Park may not be held responsible for lost or damaged personal items
- Swimming is only allowed in the designated areas. ( No Lifeguard on duty/swim at your own risk)
- Give others a helping hand
Failure to abide by any of the above rules will cause you to be removed from the Aqua Park , there will be no refund if such action is required.