In consideration of the services of Splash On Water Parks Ltd. and the operation of the waterpark, I agree on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate to the terms below. For the purposes of the release and indemnity in this agreement, “Released Parties” means Splash On Water Parks Ltd.; The Corporation of the City of Barrie; and each of their respective agents, owners (where applicable), elected officials, officers, directors, employees, volunteers, representatives, successors and assigns, and persons or entities acting on their behalf in connection with the waterpark. 1. Risks. I acknowledge that participating in the Splash On Water Park involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, property or third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. Risks include slips, falls, head injuries, being struck by equipment or other participants, forces of nature and rapid weather changes, sun exposure, heat stroke, wind, cold, waves, eddies, whirlpools, surf and currents; collisions with objects or watercraft; capsizing or entrapment within the waterpark; drowning; insect bites; travel or illness in remote areas of the course; marine life; arm, shoulder or back injuries; my own physical condition; and the physical exertion associated with these activities. Waterpark employees seek safety but are not infallible. They may be unaware of a participant's fitness or abilities, misjudge weather or other conditions, give incomplete warnings or instructions, or use equipment that malfunctions. 2. Photographs and recordings. I understand that photographs, sound recordings, motion pictures or videos taken of me under this agreement may be used by Splash On Water Parks Ltd. to collect or represent factual information in the interest of education and the public good. I assign to Splash On Water Parks Ltd. all rights, title and interest, including copyright, in those materials and authorize it and its officers, agents and employees to reproduce, copy, sell, exhibit, publish or distribute them in any medium, in perpetuity, for those purposes. I release Splash On Water Parks Ltd. and its officers, agents and employees from claims arising from that use, including invasion of privacy, defamation or infringement of copyright. 3. Assumption of risk and flotation device. I expressly agree to accept and assume all risks existing in this activity. My participation is voluntary, and I elect to participate despite the risks. I agree to wear a Canadian-approved personal flotation device throughout my participation. 4. Release and indemnity. I voluntarily release and forever discharge the Released Parties, and agree to indemnify and hold them harmless, from any and all claims, demands or causes of action in any way connected with my participation in this activity or my use of the Splash On Water Park's equipment or facilities, including claims involving negligent acts or omissions of any Released Party. 5. Enforcement costs. If any Released Party or anyone acting on its behalf is required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold that party harmless for those fees and costs. 6. Insurance and personal property. I certify that I have adequate insurance to cover injury or damage I may cause or suffer while participating, or I agree to bear the cost myself. I am willing to assume all risks of any medical or physical conditions I may have. I assume full responsibility for loss of personal property and associated costs. 7. Ontario law and acknowledgement. If I file a lawsuit against any Released Party concerning this activity, I agree to do so solely in Ontario, Canada, and Ontario law will apply without regard to conflict of law rules. If any portion of this agreement is found void or unenforceable, the remaining terms will remain in force. I acknowledge that, if anyone is hurt or property is damaged during my participation, I may be found by a court to have waived my right to sue any Released Party on a claim released here. I have had sufficient opportunity to read this entire document, understand it and agree to be bound by it. 8. Participants under 18. If the participant is under 18, I certify that I am the participant's parent or guardian and give my consent to the foregoing on the participant's behalf. Today's date: November 12, 2026 |