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Waiver

  • Required of all participants.
  • Parents or guardians must sign on behalf of who are 17 years of age and younger.

PARTICIPANT AGREEMENT (Including assumption of risk, and agreements for release and indemnity) 

IMPORTANT: YOU MUST READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT CONTAINS A WAIVER OF LIABILITY AND A RELEASE OF CLAIMS. IF YOU SIGN IT, YOU AGREE TO RELEASE GULF ISLANDS WATERPARK, LLC d/b/a ZIP’N FUN ADVENTURE PARK, ITS PARENT COMPANIES, AFFILIATE COMPANIES, AND EMPLOYEES FROM ANY AND ALL CLAIMS YOU AND/OR ANY CHILDREN UNDER YOUR CARE MAY HAVE.

All participants must complete and have on file prior to their participating in the activities of Zip'N Fun Adventure Park a signed Waiver of Liability and Release of Claims. If a participant is under eighteen (18) years of age, the Waiver of Liability and Release of Claims must be completed and signed by a parent or legal guardian over eighteen (18) years of age.

In consideration for the services provided by Zip'N Fun and Gulf Islands Waterpark, LLC, I, an adult participant, parent of a minor participant (for myself and on behalf of that minor participant) understand, acknowledge and agree as follows:

Activities and Risks

Participants in the activities share the responsibility with staff for compliance with safety procedures, specifically those procedures conveyed by park personnel regarding proper fitting and use of safety harnesses. Participants understand that the harnesses shall not be removed or loosened for any reason while the participant is off of the ground. Further, should the harness loosen or be removed while on the ground, the participant must have the harness first checked by staff prior to reentering the course. Participants agree to notify staff if a harness loosens, does not fit properly or if any other equipment, including safety clips do not function as described during the participant’s orientation in Safety School. Before entering the course, participants must read and understand all instructions provided, oral or otherwise conveyed, receive specific training in using the harness and other safety equipment, and understand and accept all risks involved.

Among the hazards and risks of the activities and use of the premises and equipment are the following: sometimes uneven terrain; falls and abrupt and possibly harmful contact with other persons, structures or objects (fixed and moveable); carelessness and misjudgments of other participants, including their failure to follow proper procedures, instructions and operating policies; the failure of structures and/or equipment; and the forces of nature, predictable and unpredictable. Participants may experience increased heart rate and other symptoms of anxiety and stress due to, among other things, heights, physical exertion and reliance on others. Injuries may include breaks, sprains, strains, bruises and other contusions and in extreme cases emotional upset, anxiety and even death. The participants acknowledge that these risks are inherent in the activities and premises of Zip'N Fun Adventure Park; that is, without them the experience would materially change and lose its value and appeal. The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered.

Assumption of Risk

I as a participant and/or as a parent/legal guardian of a minor participant (for myself and on behalf of the minor participant) understand that the activities associated with my and/or my minor child(ren) participation at Zip'N Fun Adventure Park consists of a substantial and physically challenging aerial obstacle course. I understand and have informed my minor child(ren) that this is a high risk activity and that participation could result in substantial personal injury, including death. I, individually and on behalf of my minor children voluntarily agree and consent to my participation and/or the minor child(ren) participation in the activities and accept and assume all risks associated with the activity.

Release and Indemnity

I, as an adult participant and/or parent/legal guardian of a minor participant (for myself and on behalf of the minor participant) hereby release, agree to indemnify and hold harmless the Zip'N Fun Adventure Park, Gulf Islands Waterpark, LLC, its owners, officers, directors, employees, agents, affiliates, subsidiaries, parent companies, successors, and assigns from any and all claims, demands, and expenses, including attorneys’ fees and costs, arising from my participation in the activities and/or presence on company property including any physical or emotional injury, including death, or damage to my property.

I, as an adult participant and/or parent/legal guardian of a minor participant (for myself and on behalf of the minor participant) specifically acknowledge that this release and indemnity agreement incorporates claims for loss or damage caused or claimed to be caused in whole or in part by the negligence of a Released Party, but not intentional wrongs or gross negligence of a Released Party.

Additional Provisions

I, as an adult participant and/or parent/legal guardian of a minor participant (for myself and on behalf of the minor participant) acknowledge and agree to the following additional provisions:

In consent to the reproduction and use by Zip'N Fun Adventure Park and/or Gulf Islands Waterpark, LLC of photographs, videos and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes; and I release Zip'N Fun and other Released Parties from liability for any violation of any personal and/proprietary right I or the child may have in connection with such reproduction or use.

This Participation Agreement with waiver of liability and agreements for release and indemnity shall be governed by the substantive laws of the State of Mississippi. Any legal action arising hereunder shall be brought and decided exclusively by the Courts situated in Harrison County, Mississippi, First Judicial District. The prevailing party shall be entitled to an award of costs in bringing the action (excluding attorneys’ fees) to be paid by the non-prevailing party. If the Court finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effectuate the intent of the parties and the remainder of the agreement will continue to be in full force and effect.

 

I have read and understand the legal text of the waiver. 


April 19, 2024


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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