ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND RELEASE OF ALL LIABILITY
PLEASE READ CAREFULLY BEFORE SIGNING
I understand that participating in the NASHVILLE SHORES AQUA PARK (the “Activity”), and the use of the attraction and its associated equipment and facilities, as well as my presence on the premises, are STRENUOUS ACTIVITIES. I understand that participating in this Activity involves the risk of injury to all parts of my body. I understand that there are numerous risks and damages inherent in these activities, including but not limited to: wet surfaces, tall and slippery course features, equipment misuse by either the participant or other participants, or employees of Nashville Shores Holdings, LLC or Nashville Shores Management, LLC (collectively, “Nashville Shores”). There are natural and environmental conditions and risks associated with this Activity, which independently or in connection with my actions or the actions of others, may cause severe or even fatal injuries to me or others. I agree that I alone am responsible for my safety while participating in this Activity. I understand that having a Nashville Shores employee present does not lessen the amount of risks of participating in the Activity in a lake or open water setting. I understand that Nashville Shores is not responsible for my safety. I understand and accept that minor injuries may become life-threatening emergencies when alone or with others.
I accept for use, as is, the equipment provided during this Activity, and accept full responsibility for its care while it is in my possession. I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND AND HOLD HARMLESS Nashville Shores Holdings, LLC and Nashville Shores Management, LLC, their owners, directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, successors and assigns, (collectively “Released Parties” or “Nashville Shores”), for all loss or damage I may sustain from use of such equipment, and I will be responsible for the repair or replacement, at full retail value, for any damage or loss to such equipment other than reasonable and normal wear and tear. I acknowledge that Nashville Shores is not responsible for any personal items, which are lost, stolen, or damaged.
All participants who visit NASHVILLE SHORES AQUA PARK must use common sense at our facility when encountering the features that we have provided for your enjoyment. If a participant has any questions, they should let the NASHVILLE SHORES staff know right away. In addition, all persons must follow these rules when participating on the NASHVILLE SHORES AQUA PARK. Each guest or an authorized guardian for children under 18 years of age must complete a NASHVILLE SHORES AQUA PARK “Parent/Guardian Authorization for participants under 18 years of age” section before starting the activity. Guests must wear a USCG Personal Flotation Device (PFD) and keep it buckled and zipped at all time. Sharp objects (such as jewelry, hairpins, etc.) or other dangerous materials are not permitted. Tobacco and alcohol are not permitted anywhere in the park. Anyone who appears to be under the influence of drugs or alcohol may not participate in the NASHVILLE SHORES AQUA PARK. Pregnant women are prohibited from going on the NASHVILLE SHORES AQUA PARK course. NASHVILLE SHORES LLC reserves the right to close the NASHVILLE SHORES AQUA PARK at any time due to inclement weather deemed unsafe for guests. The NASHVILLE SHORES EMPLOYEE may not be held responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the NASHVILLE SHORES AQUA PARK to retrieve a lost item. Failure to abide by posted NASHVILLE SHORES AQUA PARK rules may result in revoked privileges to participate.
I understand that if I lack the strength to participate in this Activity, I am putting myself at risk of injury. I agree that if it is determined by a NASHVILLE SHORES EMPLOYEE that I am unfit to continue participation in the NASHVILLE SHORES AQUA PARK because I lack the physical strength to complete the Activity, because I am not following instructions, or for any other reason, I will be asked to leave.
I hereby certify that I am physically fit and medically able to participate in this Activity.
I hereby certify that I am within the height restrictions to participate in this Activity: Height: 48”
I RELEASE AND HOLD HARMLESS NASHVILLE SHORES
In consideration for the opportunity to participate in this Activity provided by Nashville Shores, I (or the minor) agree to release, indemnify, and hold harmless Nashville Shores from any and all responsibility and legal liability for any injury, damage, death, or loss of any kind which may result directly or indirectly from participation in this Activity or any other cause or claim arising from participation in this Activity, including, but not limited to, breach of contract and negligence.
I AGREE TO RELEASE AND FOREVER DISCHARGE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASES FROM ALL CLAIMS, SUITS, COSTS, AND ATTORNEYS’ FEES FOR DAMAGE AND PERSONAL INJURY TO ME OR THE MINOR CHILD ON BEHALF OF WHOM I AM SIGNING, OR MINE OR THE MINOR’S PROPERTY, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES DURING THIS ACTIVITY.
I understand that this Agreement shall be binding upon my heirs, executors, administrators, and assigns, and shall be governed by the laws of the State of Tennessee with venue being proper in Davidson County, Tennessee. 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 there have been no warranties, expressed or implied, which have been made to me, which extend to all equipment used by Nashville Shores.
I consent to the release of any pictures (video, print) or sound clips for commercial purposes, or otherwise, in connection with this Activity, without restriction as to frequency, duration or medium.
I understand that permission to use Nashville Shores’ Aqua Park, equipment, and premises is being given to the undersigned participant to exchange for the execution of this Agreement.
I have read and understand this Agreement and fully understand its terms. I understand that this is a release of liability of all claims that arise out of my participation in this Activity, which I understand prevents me or anyone on my behalf or anyone on behalf of the minor child for whom I am signing, from filing suit or making any other claims of any kind for damage or loss sustained as a result of this Activity.
I have made no representations to Nashville Shores regarding my name, age, or physical or medical conditions that was untruthful or that would otherwise prevent me from engaging in this activity.
PARTICIPANTS AGE 18 OR OLDER
I HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO ITS TERMS, WHICH ARE FULLY BINDING UPON ME. I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, AND I FREELY AND VOLUNTARILY ENTER THIS AGREEMENT
Date Signed: December 2, 2023