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Water Park Waiver

PV RESORT AMENITIES – WATERPARK & SURF MACHINE LIABILITY WAIVER AND RELEASE AGREEMENT

This Liability Waiver and Release Agreement is entered into by and between the undersigned and PV Resort Amenities, a Utah-based recreational facility offering waterpark features, including a surf machine. In consideration of being allowed to enter and participate in activities at PV Resort Amenities, I acknowledge and agree as follows:


1. ASSUMPTION OF RISK

I understand and acknowledge that participation in waterpark activities at PV Resort Amenities involves inherent risks, including but not limited to: (a) drowning, (b) slipping, (c) collisions, (d) equipment failure, (e) latent or apparent defects or conditions in the activities or facilities, (f) acts, omissions and negligence in any degree by PV Resort Amenities or its agents or employees, (g) behavior or other participants, and (h) injuries from use of water features and rides.

I voluntarily accept and assume all such risks, whether known or unknown, foreseen or unforeseen and even those arising from the negligence of PV Resort Amenities or its agents or employees.


2. PHYSICAL CONDITION

I confirm that participant is in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the waterpark activities or the surf machine or use the facilities. I further confirm that if participant is using the surf machine that (a) if participant has history of neck, back or heart problems, that participant has sought a doctor’s advice before participating in the activities or using the facilities, (b) participant weighs less than 300 pounds, and (c) participant is not pregnant.

I understand the importance of the questions regarding my (or my child’s) physical condition.


3. WAIVER AND RELEASE OF LIABILITY

To the maximum extent permitted under Utah law, I hereby waive, release, and discharge PV Resort Amenities, along with its owners, agents, employees, affiliates, and insurers, from any and all claims, demands, or liabilities for injuries, damages, losses, or death arising from my participation (or my child’s participation) in activities at PV Resort Amenities — including, but not limited to, use of the surf machine.

I understand that I voluntarily give up my right to sue the above-mentioned parties.


4. SURF MACHINE ACKNOWLEDGMENT 

I understand that use of the surf machine involves:

·  Intense water pressure

·  High risk of uncontrolled and forceful falls

·  Potential for serious physical injuries including, but not limited to, joint dislocation, fractures, and head or spinal injury 


5. SAFETY RULES & COMPLIANCE

I agree to abide by all safety rules, all posted signs and instructions provided by PV Resort Amenities staff. This includes but is not limited to:

·  No jewelry or metal accessories of any kind (including watches, earrings, body piercings, or metal hair accessories) may be worn on the surf machine or in water attractions

·  Appropriate swimwear is required

·  Following height, weight, and health restrictions for certain rides

·  No running or horseplay in wet areas

·  Immediate compliance with any safety-related direction from staff

I understand that failure to comply with safety rules may result in removal from activities without refund.


6. INDEMNITY AGREEMENT

I agree to indemnify, defend, and hold harmless PV Resort Amenities from any and all claims brought against them related to injuries or damages arising out of my (or my child’s) participation, even if caused by the negligence of PV Resort Amenities.


7. EMERGENCY MEDICAL TREATMENT

I authorize PV Resort Amenities staff to provide first aid and/or seek emergency medical care if needed. I understand that I am financially responsible for all such services.


8. PHOTO/VIDEO RELEASE

I grant permission to PV Resort Amenities to take and use photos or videos of me (or my child) for promotional, marketing, or advertising purposes without compensation.


9. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Utah, and any disputes shall be resolved exclusively in the courts of the State of Utah located in Washington County, Utah.


10. SEVERABILITY

If any portion of this agreement is found to be invalid or unenforceable, all remaining terms shall remain in full force and effect.


SIGNATURES

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WATERPARK & SURF MACHINE LIABILITY WAIVER AND RELEASE AGREEMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR THE MINOR CHILD FOR WHOM I AM THE LEGAL GUARDIAN TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST PV RESORT AMENITIES, OR ANY OF ITS AFFILATES. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY PV RESORT AMENITIES OR ANY OF ITS AFFILIATES.

 

I have read the above, been given opportunities to ask questions, considered its effects, understand its content, and agree to the terms as stated above.

                                                                                                                                                           

IF PARTICIPANT IS UNDER 18

I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to participate in the waterpark activities or the surf machine or use the facilities the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to this Waterpark & Surf Machine Liability Wavier and Release Agreement. I am signing those documents, freely, without any fraud or duress and acknowledge that I have read and understand the same. In the event that it is determined that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify: PV Resort Amenities and each of its lessors, parent companies, subsidiaries, related companies and business concerns, past and present, and each of them, as well as each of their partners, trustees, directors, officers, members, intellectual property holders, agents, attorneys, servants and employees, past and present, and each of them, if any litigation is instituted, as a result of any injury or death or claim for damage arising out of, relating to, or in any way connected with, minor’s participation in the waterpark activities, surf machine or use of the facilities. I understand that this indemnity provision is in addition to (and not in lieu of) any other indemnity provision found in this document.

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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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*
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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