IMPORTANT: YOU MUST READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT (THE “AGREEMENT”) CONTAINS A WAIVER OF LIABILITY, AGREEMENT TO ARBITRATE, AND A RELEASE OF CLAIMS. IF YOU SIGN IT, YOU AGREE TO RELEASE Gulf Islands Waterpark and Blue Bayou Waterpark, ITS PARENT COMPANIES, AFFILIATE COMPANIES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS YOU AND/OR ANY CHILDREN UNDER YOUR CARE MAY HAVE. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE ANY CLAIM DECIDED BY A JURY. BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN)/WARD(S) TO SUE Gulf Islands Waterpark and Blue Bayou Waterpark AND/OR THE COMPANY (AS DEFINED BELOW) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF [Gulf Islands Waterpark and Blue Bayou Waterpark], INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, AND EMPLOYEES. PLEASE NOTE: BY VISITING Gulf Islands Waterpark and Blue Bayou Waterpark, PARTICIPANTS ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THEY ASSUME ALL RISKS RELATED TO POTENTIAL FOR EXPOSURE TO COVID-19, MRSA, RWIs,AND OTHER INFECTIOUS DISEASES TRANSMITTABLE IN THE PUBLIC DOMAIN. 1. I, the undersigned am at least eighteen (18) years of age and wish to participate in the water activities encompassed within Gulf Islands Waterpark and Blue Bayou Waterpark (“the Activity”) organized by Gulf Islands Waterpark and Blue Bayou Waterpark or its parent or affiliate companies (collectively “the Company”) on the date of completion of this form.
If also completing this waiver on behalf of minor children/ward(s) who will be under your direct care, custody and supervision at all times: I the undersigned represent to Gulf Islands Waterpark and Blue Bayou Waterpark that I am the parent, legal guardian/custodian of the minor child(ren)/ward(s) identified below, or otherwise have the express permission of the minor’s parent, legal guardian/custodian to execute this form on their behalf, and for that minor to participate under my direct care, custody and supervision in the water activities encompassed within Gulf Islands Waterpark and Blue Bayou Waterpark (“the Activity”) organized by Gulf Islands Waterpark and Blue Bayou Waterpark or its parent or affiliate companies (collectively “the Company”) on the date of the completion of this form.
2. I UNDERSTAND THAT THE ACTIVITY CONSISTS OF A SUBSTANTIAL AND PHYSICALLY CHALLENGING WATERSPORTS AND WATER ACTIVITIES. I UNDERSTAND THAT THERE ARE KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED RISKS AND DANGERS ASSOCIATED WITH MY PARTICIPATION, THE PARTICIPATION OF MY SPOUSE, AS WELL AS THE PARTICIPATION OF THE MINOR CHILD(REN)/WARD(S) IDENTIFIED ON THIS FORM, INT THE ACTIVITY, INCLUDING BUT NOT LIMITED TO: - Disease, drowning and drowning related problems;
- Fractures, broken bones, dislocations, scrapes, and/or bruises;
- Eye injuries that may result in blindness;
- Heart Attack;
- Heat Strokes;
- Cuts and infection;
- Muscle Strain;
- Slipping and falling;
- Injuries to the head, back, and/or neck;
- Exposure to cleaning solvents and other chemicals;
- Contaminated water;
- Actions of myself or others participating in the activity which may result in injury;
- Falls and/or ejections from slides or other water equipment;
- Diseases or infections transmittable in the public domain;
- Collisions with fixed objects, moving objects, and/or other participants on slides, other equipment, or elsewhere.
IN CONSIDERATION OF, AND IN PART, PAYMENT FOR THE PRIVILEGE TO PARTICIPATE IN THE ACTIVITY I, ON BEHALF OF MYSELF AND, IF APPLICABLE, MY SPOUSE AND/OR THE MINOR CHILD(REN)/WARD(S) UNDER MY DIRECT CARE, CUSTODY AND SUPERVISION, HEREBY ASSUME ALL RISK OF DAMAGE, LOSS, PERSONAL INJURY, OR DEATH TO MYSELF, MY SPOUSE AND/OR MY MINOR CHILD(REN)/WARD(S) AND/OR THE MINOR CHILD(REN) UNDER MY DIRECT CARE, CUSTODY, AND SUPERVISION AGREE AND CONSENT TO PARTICIPATION IN THE ACTIVITY AND ACCEPT AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACTIVITY.
3. I agree to participate personally and/or allow the child to participate in the Activity only to the extent of my/his/her physical and medical condition. I understand that I am solely responsible for determining which Activities, if any, I and/or this child can participate in based upon my understanding of my own and/or that child’s physical and medical condition. Neither I nor the child have any physical or medical condition I am aware of which might have the effect of making it more likely that I/he/she be involved in an accident resulting in injury to me/himself/herself or others.
4. I agree to ensure the I/the child undertake(s) the Activities in a safe and responsible manner in accordance with the rules and regulations posted within the waterpark and on the website and undertake the Activities in accordance with those and the oral instructions given before undertaking the Activities. I agree that the abovelisted child(ren)/ward(s) will be under my direct supervision at all times.
5. I acknowledge and agree that I am responsible for the safety of myself and, if applicable, the above named child(ren) and the safety of my/his/her/their possessions while undertaking the Activities and acknowledge that I/he/she/they will not be supervised by any Company personnel. If either I or the above-named child(ren) participates in the Activities, I represent that I/he/she/they is/are doing so of my/his/her/their own free will and only after I have satisfied myself that the child(ren) has received and understood instructions pertaining to the rules and regulations posted within the waterpark and his/her/their obligations in undertaking the Activities.
6. I HEREBY RELEASE, AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS MEMBERS, MANAGERS, 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, AND IF APPLICABLE, THE ABOVE IDENTIFIED MINOR(S)’S PARTICIPATION IN THE ACTIVITIES AND/OR PRESENCE ON COMPANY PROPERTY INCLUDING ANY PHYSICAL OR EMOTIONAL INJURY, INCLUDING DEATH, OR DAMAGE TO MY/HIS/HER PROPERTY. 7. TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my spouse and/or my child(ren)/ward(s), and/or the minor child(ren)/ward(s) under my direct care, custody, and supervision visit Gulf Islands Waterpark and Blue Bayou Waterpark, whether at the current location or any other Gulf Islands Waterpark and Blue Bayou Waterpark location or facility, including any affiliates’ locations or facilities. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State where Gulf Islands Waterpark and Blue Bayou Waterpark is located and that if any portion thereof is held invalid, it is agreed that the balance of this Agreement shall, notwithstanding, continue in full legal force and effect.
8. MEDIATION, NON-BINDING ARBITRATION AND VENUE: If a dispute arises out of or relates to this Waiver of Liability & Release of Claims Agreement and/or THE COMPANY and/or THE ACTIVITY and/or any incident that occurs while on the premises, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to nonbinding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the Gulf Islands Waterpark and Blue Bayou Waterpark is located. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the State and County/Parish where Gulf Islands Waterpark and Blue Bayou Waterpark is located, unless another hearing site is agreed to by all parties. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and nonbinding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this Agreement, the participation in any on-site ACTIVITY and/or while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the ACTIVITY and/or facility/premises. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include any and all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than five-thousand dollars and 00/00 cents ($ 5,000.00) in the Small Claims Court of the County/Parish where Gulf Islands Waterpark and Blue Bayou Waterpark is located. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against the COMPANY shall be in the County/Parish and State where Gulf Islands Waterpark and Blue Bayou Waterpark is located. It is further agreed that the substantive laws of the State where Gulf Islands Waterpark and Blue Bayou Waterpark is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered into the record of or published in any way in any federal or state court having jurisdiction.
9. If any Arbitrator/Arbitration Panel, and/or 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 in full force and effect. I HAVE READ THIS AGREEMENT FULLY UNDERSTANDING ITS TERMS AND UNDERSTANDING THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. IT IS WITH THIS UNDERSTANDING THAT I HAVE EXECUTED THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. BY SIGNING THIS DOCUMENT, WHETHER IN WRITTEN OR ELECTRONIC FORMAT, I UNDERSTAND THAT I MAY BE FOUND BY A COURT OF LAW TO HAVE FOREVER WAIVED MY AND MY SPOUSE AND/OR CHILD(REN)/WARD(S) RIGHT TO MAINTAIN ANY ACTION IN COURT OR TO BE DECIDED BY A JURY AGAINST Gulf Islands Waterpark and Blue Bayou Waterpark AND/OR THE COMPANY ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED Gulf Islands Waterpark and Blue Bayou Waterpark AND ANY RELEASED PARTY HEREIN AND THAT I HAVE ASSUMED ALL RISK OF DAMAGE, LOSS, PERSONAL INJURY, OR DEATH TO MYSELF, MY SPOUSE, AND/OR MY MINOR CHILD(REN)/WARD(S) AND AGREED TO INDEMNIFY AND HOLD HARMLESS Gulf Islands Waterpark and Blue Bayou Waterpark AND/OR THE COMPANY FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, OBLIGATIONS, COSTS, DAMAGES AND/OR EXPENSES WHATSOEVER PAID, INCURRED AND/OR SUFFERED BY Gulf Islands Waterpark and Blue Bayou Waterpark AND/OR THE COMPANY AS A RESULT OF THE PARTICIPATION IN THE ACTIVITIES IN OR ABOUT THE FACILITY BY MYSELF, MY SPOUSE AND/OR CHILD(REN)/WARD(S) AND/OR CLAIMS ASSERTED BY MYSELF, MY SPOUSE AND/OR CHILD(REN)/WARD(S) AGAINST Gulf Islands Waterpark and Blue Bayou Waterpark AND/OR THE COMPANY RELATED TO SUCH PARTICIPATION IN THE ACTIVITIES. I HAVE HAD A REASONABLE AND SUFFICIENT OPPORTUNITY TO READ AND UNDERSTAND THIS ENTIRE DOCUMENT AND CONSULT WITH LEGAL COUNSEL, OR HAVE VOLUNTARILY WAIVED MY RIGHT TO DO SO. I KNOWINGLY AND VOLUNTARILY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN. Date: March 25, 2026
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