RELEASE OF LIABILITY
In consideration of being allowed to use the facilities and participate in the Sports Park and other activities provided by ERM-HOLLY, LLC, d.b.a. WhoaZone at Heron Beach (“WHOAZONE”), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows:
I, the undersigned Participant, am using WHOAZONE equipment and participating in WHOAZONE activities, including, but not limited to, the Wibit Sports Park, Stand Up Paddleboards, Kayaks, Pedal Boats, and other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, burns, sprains, fractured or broken bones, as well as other head/brain, face, neck, back/spine injuries, up to and including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases. I am also aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects. I voluntarily assume these risks by signing below and participating in the Activities.
IN FULLRECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROMALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS.
I further agree that I am personally liable and responsible for paying WHOAZONE for any and all damage to WHOAZONE property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipment or loss of use of equipment, any claims for diminution in value of any WHOAZONE equipment, and/or the cost of repair or replacing any WHOAZONE equipment. I authorize WHOAZONE, at WHOAZONE’S discretion, to bill any such charges or costs directly to my credit card or to my account without further notice to me.
I understand and acknowledge that WHOAZONE and the Activities are self-guided, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activities. I understand that WHOAZONE Staff are available to answer any questions I may have regarding WHOAZONE equipment and/or proper use of such equipment.
I further understand and acknowledge that I am required to wear a Coast Guard approved lifejacket at all times while using or participating in the Activities. If I am unwilling or unable to follow the safety rules or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that WHOAZONE, at WHOAZONE’S discretion, may immediately restrict my use of or participation in the Activities and/or require me to leave the WHOAZONE premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for WHOAZONE or the Activities.
This Release shall be governed by the laws of the State of Michigan. I agree that any Claims I may bring against WHOAZONE shall be submitted to the jurisdiction of the courts of Oakland County, Michigan and that no Claims against WHOAZONE shall be brought in any other jurisdiction. I also agree that if any part of this Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that WHOAZONE has made no warranties, expressed or implied, to me beyond those, if any, contained in this Release.
I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES THAT I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY.
RULES AND REGULATIONS
All participants who visit WHOAZONE must use common sense at our facility and encountering the features that we have provided for your enjoyment. If a participant has any questions, they should let the WHOAZONE staff know right away. In addition, all persons must follow these rules when at WHOAZONE
- Each guest or an authorized guardian for children under 18 years of age must complete a WHOAZONE Release of Liability form before starting the course
- Guests must wear a USCG Personal Flotation Device (PFD) and keep it buckled and zipped at all time
- Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted
- Tobacco and alcohol are not permitted anywhere in the park.
- No refunds will be granted.
- Anyone who appears to be under the influence of drugs or alcohol may not participate in the WHOAZONE
- Pregnant women are prohibited from going on the WHOAZONE course
- The Host reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required.
- ERM – Holly, LLC reserves the right to close the WHOAZONE without refund at any time due to inclement weather deemed unsafe for guests
- Cell phones are prohibited on the WHOAZONE. Please make appropriate arrangements for these and other personal items before entering the course. The Host may not be held responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the WHOAZONE to retrieve a lost item.
- Failure to abide by posted WHOAZONE rules may result in revoked privileges to participate
Today's Date: September 18, 2020