IN CONSIDERATION of being permitted to participate in any and all activities or attractions at the Splashway Waterpark & Campground, Including but not limited to cabin rental, occupancy and usage; tent site occupancy and usage; cottage occupancy and usage; RV site rental and usage; kayaking; stand up paddle boarding; pedal boating; pedal carts; putt putt golf; and laser tag, Woods of Torment Haunted House, or any other activities at Splashway Waterpark & Campground, by my signature below, for myself, for my personal representatives, assigns, heirs, next of kin, and for and on behalf of all persons who are part of my group visiting or camping at Splashway Waterpark and Campground under my reservation: I Agree I UNDERSTAND that Woods of Torment is a very large black maze with live actors, intense audio and strobe lighting effects, air, fog, haze effects, uneven terrain, and more. I understand that due to the unique nature of this event it is impossible for Splashway to ensure our safety from colliding with other guests, staff members, props, walls or other set pieces while traveling through the event. I understand that at any point if my behavior inside the attraction is seen as a risk to the safety of other or myself, all member of my party will be removed immediately without a refund.I Agree I FULLY UNDERSTAND that this is a self-guided experience once the attraction begins. I understand that staff may touch or brush up against me due to this event being in close proximity to walls and tight spaces. Required activities, including but not limited to, walking, pushing through tight passages, moving through dark and unlit spaces, and collisions (hereafter “activities”), involve inherent and other risks of injury and death.I Agree I ACKNOWLEDGE that these activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to broken bones, bruises and other bodily injuries caused by falls or contact with walls, objects or other participants; medical conditions resulting from physical activity; damaged clothing or other property, coming in contact or contracting the Covid-19 virus or any other viruses. I understand such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.I Agree I EXPRESSLY ACCEPT and assume all of the risks inherent in this activities or that might have been caused by the negligence of Splashway. My participation in this activities is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that activities conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation and notify an actor.I Agree I UNDERSTAND that participation carries with it certain inherent risks and dangers that cannot be eliminated regardless of the care taken to avoid accidents, injury or death. I hereby assert that my participation is voluntary and that I knowingly assume all such risks including serious injury or death.I Agree I HERBY VOLUNTARILY RELEASE, forever discharge, and agree to indemnify and hold harmless Splashway and its affiliates including employees from any and all claims, demands, or causes of action which are in any way connected with my participation in these activities, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Splashway or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.I Agree I HEREBY GRANT permission for the performance of any medical treatment that may be required in the case of an accident wherein I am rendered unconscious or unable to approve of the required medical treatment.I Agree I HEREBY AGREE to permit Splashway and other guests to take photographs and make film records of the activity, in which I am participating in, without further recourse or compensation. I understand and agree that such photographs and/or film records may be used for commercial and/or promotional purposes.I Agree I agree by checking, I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.I AM RESPONSIBLE FOR THE PARTICIPANTS UNDER THE AGE OF 18 AT THE TIME OF REGISTRATION AT SPLASHWAY WHOSE NAMES ARE LISTED BELOW. THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ABOVE LISTED ACTIVITIES AND RELATED ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES; BELIEVE THE MINOR(S) LISTED BELOW TO BE QUALIFIED, IN GOOD HEALTH,AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY; HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES TO THE MINOR(S) LISTED BELOW CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASED PARTIES" OR OTHERWISE. FURTHER AGREE THAT IF, DESPITE THIS RELEASE, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASES NAMED ABOVE; AND FURTHER AGREE THAT,IF,DESPITE THIS RELEASE, THE MINOR OR ANYONE ACTING ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES NAMED ABOVE, WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGES, OR COSTS, THAT MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
December 26, 2024 |