IMPORTANT: YOU MUST READ THIS ENTIRE DOCUMENT BEFORE SIGNING. THIS DOCUMENT CONTAINS A WAIVER OF LIABILITY AND A RELEASE OF CLAIMS. IF YOU SIGN IT, YOU AGREE TO RELEASE GULF ISLANDS WATER PARK, LLC, ITS PARENT COMPANIES, AFFILIATE COMPANIES, AND EMPLOYEES FROM ANY AND ALL CLAIMS YOU AND/OR ANY CHILDREN UNDER YOUR CARE MAY HAVE.
PLEASE NOTE: BY VISITING GULF ISLANDS WATERPARK, PARTICIPANTS ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THEY ASSUME ALL RISKS RELATED TO POTENTIAL FOR EXPOSURE TO RECREATIONAL WATER ILLNESSES, COVID-19 AND OTHER INFECTIOUS DISEASES TRANSMITTABLE IN THE PUBLIC DOMAIN.
Please indicate whether you are completing this waiver on behalf of (check only one):
1. I, the undersigned, am at least eighteen (18) years of age and wish to participate in the water activities encompassed within Gulf Islands Water Park (“the Activity”) organized by Gulf Islands Water Park, LLC or its parent or affiliate companies (collectively “the Company”) on the date of completion of this form.
a. If also completing this waiver on behalf of minor children who will be under your direct care, custody and supervision: I, the undersigned, represent to Gulf Islands Water Park, LLC that I am the parent, legal guardian/custodian of the minor child identified below, or otherwise have permission of the minor’s parent, legal guardian/custodian for that minor to participate under my direct care, custody and supervision in the water activities encompassed within Gulf Islands Water Park (“the Activity”) organized by Gulf Islands Water Park, LLC 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 RISKS AND DANGERS ASSOCIATED WITH MY PARTICIPATION, AS WELL AS THE PARTICIPATION OF THE MINOR CHILD IDENTIFIED ON THIS FORM, INCLUDING BUT NOT LIMITED TO:
- Disease, drowning and drowning related problems;
- Eye injuries that may result in blindness;
- Heart Attack;
- Heat Strokes;
- Cuts and infection;
- Muscle Strain;
- 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 other participants on slides or other equipment.
IN CONSIDERATION OF, IN PART, PAYMENT FOR THE PRIVILEGE TO PARTICIPATE IN THE ACTIVITY I, ON BEHALF OF MYSELF AND, IF APPLICABLE, THE MINOR CHILD UNDER MY DIRECT CARE, CUSTODY AND SUPERVISION VOLUNTARILY AGREE AND CONSENT TO PARTICIPATION IN THE ACTIVITIES AND ACCEPT AND ASSUME 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 accordance with the rules and regulations posted within the waterpark and undertake the Activities in accordance with those and the oral instructions given before undertaking the Activities.
5. I acknowledge and agree that I am responsible for the safety of myself and, if applicable, the above named child and the safety of my/his/her possessions while undertaking the Activities and acknowledge that I/he/she will not be supervised by any Company personnel. If either I or the above named child participates in the Activities, I represent that I/he/she is doing so of his/her own free will and only after I have satisfied myself that the child has received and understood instructions pertaining to the rules and regulations posted within the waterpark and his/her obligations in undertaking the Activities.
6. I agree that the above listed child will be under my supervision at all times.
7. I HEREBY RELEASE, AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS 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 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.
8. This Waiver of Liability & Release of Claims Agreement shall be governed under the laws of the State of Mississippi. Any legal action arising hereunder shall be brought and decided exclusively by the Courts situated in Harrison County, Mississippi, First Judicial District. The prevailing party shall be entitled to an award of costs in bringing the action (excluding attorneys’ fees) to be paid by the non-prevailing party. If the 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 to be in full force and effect.
I HAVE READ THIS WAIVER OF LIABILITY & RELEASE OF CLAIMS, 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.