Today's Date: August 26, 2019
I, the undersigned, am using Deep Creek Lake Adventure's LLC,Splash Island Inflatable Waterpark, including, but not limited to the swimming beach, Stand Up Paddleboards, Pedal Boats, obstacle courseand inflatable waterpark itself, hereinafter referred to as Splash Island, at my own risk, which I voluntarily assume.
In consideration of the fee paid by me, and in full recognition of the risks involved with such equipment and structure , which risks I voluntarily assume, I, the undersigned, hereby release HMH Incorporated , Ace's Run, Will O' the Wisp, DEEP CREEK LAKE ADVENTURE'S LLC, doing business as Splash Island, and their agents , servants, and employees, officers and directors (hereinafter Splash Island or Deep Creek Lake Adventures) and agree to hold harmless from any and all liability, claims, damages, actions, and property; regardless of how arising, and however caused including but not limited to all kinds and degrees or extent of negligence (except willful or wanton negligence or misconduct) which Deep Creek Adventure's LLC, and/or its employees may commit or be charged with, whether consisting of omission or commission, whether separately or concurrently with someone else, and sustained by me, or us, my spouse, my parents, my child or children, in connection, directly or indirectly , with the use of the recreational equipment . This release shall be binding upon me, my heirs, next of kin, and legal representatives.
I further agree that I am personally liable and responsible for paying any claims which may arise as a result of the use of Deep Creek Lake Adventures LLC's Splash Island Inflatable Waterpark, including, but not limited to any claims for personal injury, any claims for property damage to any equipment or to other property, any claims for loss of equipment or loss of use of any equipment, any claims for diminution in value of any equipment , any claims for the cost of repairing or replacing any equipment or any other claims of any kind or nature which may arise from the use of any equipment while in my possession. I further authorized Deep Creek Lake Adventure's LLC to bill any such charges or costs to my credit card or to my account as Deep Creek Lake Adventure's deems appropriate. Such loss is payable by me at the time of loss and attorney fees to collect will be paid by me.
I acknowledge the Splash Island Inflatable Waterpark is unguided, and I will participate in a mandatory safety briefing session prior to the start of the course. Should I prove unwilling or unable to follow the safety rules while undertaking Splash Island Inflatable Waterpark, I acknowledge that Deep Creek Lake Adventures LLC has the right to and may immediately end my use of the Splash Island Inflatable Waterpark and have me leave the premises.
I acknowledge that I am required to wear a Coast Guard approved lifejacket while participating on the Splash Island Inflatable Waterpark. I am aware that attendents or instructors are available to answer any questions that I may have as to the proper use of the equipment. I am aware the physical exertion required to use the Splash Island and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects.
I acknowledge that the level of participation is at all times completely up to the individual.
I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of the state of Maryland. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims that I may bring against Deep Creek Lake Adventure's LLC shall be submitted to the jurisdiction of the courts of Garrett County, Maryland and that no claims against Deep Creek Lake Adventure's shall be brought in any other jurisdiction. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.
I am aware that once I have completed the safety briefing session, no refunds will be made for Splash Island, including passes for future use of the course.
- Each guest or an authorized guardian for children under 18 years of age must complete a Splash Island Release of Liability form before starting the course
- Guests must wear a USCG Personal Floatation Device (PFD) and keep it buckled and zipped at all times.
- Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted
- Tobacco and alcohol are not permitted anywhere on the grounds. If you are under the influence of drugs or alcohol, you cannot enter the inflatable waterpark.
- No refunds will be granted once a guest has completed the briefing session
- Pregnant women are prohibited from going on the Splash Island Inflatable Waterpark
- Deep Creek Lake Adventures LLC reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required.
- Deep Creek Lake Adventures LLC reserves the right to close the Splash Island Inflatable Waterpark without refund at any time due to inclement weather deemed unsafe for guests
- Cell phones are prohibited on the Splash Island Inflatable Waterpark. Please make appropriate arrangements for these and other personal items before entering the course. Deep Creek Lake Adventures, LLC may not be held responsible for lost or damaged personal items.
- ABSOLUTELY NO ONE IS ALLOWED TO DIVE UNDER THE SPLASH ISLAND INFLATABLE WATERPARK TO RETIEVE A LOST ITEM OR FOR ANY OTHER REASON