Instructions Please complete the waiver for each person who will be attending the park. Signing the waiver prior to the day of will make check-in a much quicker process. Thank you, Water Rampage Please read this document (“Agreement and Waiver”) carefully. It must be signed by an adult visitor to the premises and facilities of Water Rampage or by a parent or legal guardian of a minor visitor examples anyone under age 18. The safety of our guests is our primary concern. However, there are risks associated with any visit to the park, and use of park services and facilities, and the participation in park rides and activities. This document describes some of those risks, memorializes your acknowledgement and acceptance of those risks, and memorializes your agreement to release and hold harmless the owners and operators of the park from any legal claims that might arise for your visit(s). ACTIVITIES and RISKS Guests are allowed to move about the areas of the park only within marked boundaries and may only enter the water, rides, or activities from areas designated for such entry. Not all areas of the park may be open to guests at the same time: entry to a location, ride, or activity is only allowed when that specific location, ride, or activity is open. Guests are solely responsible for their personal safety within the park. The park contains many different rides and activities, each of which may have a different height, weight, or age requirement. Guest should consult posted signage and/or park staff for the specific requirements for each ride or activity. The failure of any guest to abide by posted rules, warnings, or requirements, or to follow warnings or instructions issued by our staff, may result in the guest’s expulsion from the park without refund. Aquatic activities in the park include, but are not limited to, the wave pool, lazy river, splash pads, pools, slides. Although lifeguards will be posted at locations within the waterpark when open, guests participate in all aquatic activities at their own risk and should not assume that they are being supervised General hazards and risks to which every guest of the park may be exposed include: automobile collisions in parking lot; falls; abrupt and possibly harmful contact with structures (fixed and moveable), anxieties and fears associated with heights; close contact with other guests; carelessness and misjudgments, including negligence, of other guests and the staff of the park, including failing to follow proper procedures, instructions, or park operating policies; the failure of structures and equipment; and unpredictable forces of nature. The terrain of the park may be uneven and unstable, particularly near the water. Poisonous plants and dangerous animals, including snakes, may be encountered. Potential injuries and other losses arising from the risk described herein, and others that are not so described, include, but are not limited to, breaks, sprains, bruises, and other contusions, and in extreme cases emotional upset, anxiety, and even death. Risks associated with water activities include drowning. The staff has no training for medicalemergencies other than bask aid and CPR, and medical evacuation and care may be significantly delayed. The risks described herein, and others that are not so described, are inherent to a visit to the park and participating in park events or activities: in other words, they cannot be removed without altering the nature of the experience. ACKNOWLEGEMENT AND ASSUMPTION OF RISKS As used herein, the term “Undersigned” refers to the adult signing this Agreement and Waiver and any minors on whose behalf the undersigned is adult as parent or legal guardian. The Undersigned hereby acknowledges and voluntarily assumes the risks of illness, injury, death, and property loss associated with my/our visits to the park, my/our use of its goods or services, or my/our participation in its rides or activities, whether or not described herein. RELEASE AND INDEMNIFICATION As used herein, the term “Company” refers to Water Rampage LLC. As used herein, the term “Released Parties” refers to the Company, their owners, members, officers, employees, vendors, agents, and contractors. TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNDERSIGNED, MY/OUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES, HEREBY RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM EVERY LOSS, DAMAGE, INJURY, COST, EXPENSE, CLAIM, JUDGEMENT, OR LIABILITY OF EVERY KIND OR CHARACTER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES DIRECTLY OR INDIRECTLY FROM MY/OUR VISIT TO THE PARK, INCLUDING BUT NOT LIMITED TO MY/OUR PARTICIPATION IN PARK ACTIVITIES OR RIDES (INCLUDED BUT NOT LIMITED TO WATER SLIDES, LAZY RIVERS, WAVE POOLS), MY/OUR USE OF ANY FACILITIES OR SERVICES WITHIN THE PARK (E.G., FIRST AID AND LIFEGUARD SERVICES), MY/OUR CONSUMPTION OF FOOD OR BEVERAGES SOLD WITHIN THE PARK, MY/OUR USE OF ANY PRODUCTS SOLD WITHIN THE PARK, OR ANY INTERACTION I/WE MAY HAVE WITHOTHER VISITORS TO THE PARK OR MEMBERS OF THE PARK STAFF. AUTHORIZATIONS AND REPRESENTATIONS The Undersigned authorizes any qualified medical or paramedical provider, including a member of the park staff, to administer or obtain emergency medical care for me and/or the minors named herein, and to exchange medical information with third-party care providers. I hereby give permissions for my/our transportation to a medical facility or hospital and accept responsibility for the costs of such medical care and transportation. I further understand and agree that if I/we must be rescued, I will bear the costs of the rescue or evacuation. The Undersigned grants to the park the right to sue for promotional purposes any photograph or video images taken of me and/or the minors named herein while at the park, without compensation. I further understand that personal information I provide to the park may be used by the parks or its operators or employees for communication and marketing purposes, but that the park will not sell any such information to any third parties, and will use its best efforts to keep such information confidential. The Undersigned agrees that the venue of any legal action regarding this agreement or my and/or the herein named minors visit to the park shall be held and maintained solely in Lubbock County, Texas and governed by Texas law. I further agree that if a released party is forced to defend any action, lawsuit or litigation by me or us, my/our executors, heirs, or family, I will pay the released party’s costs of litigation and attorney’s fees if or to the extent it successfully defends such action, lawsuit, or litigation. Should a court of competent jurisdiction declare any portion of this Agreement and Waiver unenforceable, the remaining parts or paragraphs shall remain in full force and effect. The Undersigned represents that I and the minors name herein are fully capable of participating in park activities in which I/we choose to participate and have no current or past physical or psychological medical condition that would prevent my/our participation in those activities. I have read, fully understand, and mentally competent to executive this Agreement and Waiver. I am aware that by signing this agreement I am waiving the rights described above that I and any minors name herein, my/our heirs, next of kin, executors, administrators, assigns, and representatives may have. Today's Date: May 5, 2025 |