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SPLASH WATER PARKS PARTICIPATION WAIVER

PLAIN-ENGLISH SUMMARY OF WAIVER

Quick guide to the main points of the full legal agreement you are signing. The full waiver is the binding legal document and controls in case of any difference.

1. You Are Giving Up the Right to Sue

By signing, you agree you will never sue Splash Water Parks (Kelowna Water Park Ltd. or Penticton Water Park Ltd.) for anything that happens to you here including injuries, illness, property loss, or death—even if caused by the company’s negligence or gross negligence.

2. Risks You Are Accepting

You understand and accept that:

  • You could drown, get seriously hurt, suffer emotional distress or die.
  • The water park is physically challenging and has real dangers (slips, falls, collisions, strong currents, waves, sun exposure, weather changes, equipment failure).
  • Staff might make mistakes, give incomplete instructions, or fail to notice hazards.
  • Medical help may be delayed.
  • Buoyancy aids provided may not be lifejackets or government-approved PFDs.

You choose to participate knowing all these risks exist.

3. Follow the Rules or Be Removed

No pushing, shoving, bullying, inappropriate language, swimming under equipment, using the park under the influence of drugs or alcohol, or while pregnant. Always follow lifeguard instructions. If you break the rules, you can be removed without a refund.

4. Weather

Weather can create unsafe conditions. If closed for weather, you’ll get a “rain cheque” to come another day, you understand you will not be entitled to a cash credit, debit or any form of a monetary refund.

5. If There’s a Dispute – Arbitration Only

If there’s a disagreement or legal claim, we won’t go to court.

Instead, it will be handled by a neutral arbitrator in Kelowna, BC under BC law. The arbitrator’s decision is final, and there’s no jury or court trial.

6. You Are Responsible for Yourself

You confirm you are:

  • Physically and mentally able to take part.
  • Not under the influence of alcohol or drugs.
  • Covered by insurance or will pay all of your own costs if something happens.

You also agree you are responsible for your personal belongings — we are not responsible for lost or damaged items.

7. You Are Giving Us Media Rights

We may take photos or videos of you and use them for advertising, promotion, or education, without payment to you.

8. Parents/Guardians for Minors

If you’re signing for someone under 19:

  • You agree to all the same terms for them.
  • You take full legal responsibility for their safety and actions.
  • You will cover any claims made against Splash Water Parks because of them.

IMPORTANT: By signing the waiver, you agree that you understand this summary and the full legal agreement. This summary makes the key points clear — the full waiver is still the final and binding contract.

Initial Here to Confirm You Have Read This Summary 



SPLASH WATER PARKS – RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY, AND ARBITRATION AGREEMENT

Legal Entities: Kelowna Water Park Ltd. and Penticton Water Park Ltd., operating under the trade name “Splash BC Water Parks”, "Splash Water Parks", including all additional locations operated by these companies and the municipalities in which they are located (collectively referred to as “Released Parties”); including, but not limited to: Kelowna Water Park ltd. | Penticton Water Park ltd. | Splash BC Water Parks | Splash ON Water Parks | Splash Water Parks | Wibit Sports.

WARNING: BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR BRING A COURT ACTION, EVEN IN CASES OF NEGLIGENCE OR GROSS NEGLIGENCE. THIS AGREEMENT ALSO REQUIRES DISPUTES TO BE RESOLVED BY FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.

1. DEFINITIONS

For purposes of this Agreement:

  • "Released Parties" means Kelowna Water Park Ltd., Penticton Water Park Ltd., all affiliates, subsidiaries, owners, officers, directors, employees, agents, contractors, subcontractors, insurers, volunteers, municipalities, sponsors, successors, assigns, and all persons acting under their authority or on their behalf.
  • "Activities" means all use of water park facilities, inflatable structures, equipment, docks, shorelines, aquatic zones, rentals, classes, events, and related activities on land or in water, whether supervised or unsupervised, paid or unpaid.
  • "Premises" means all land, buildings, structures, shorelines, water areas, and property used or operated by the Released Parties, whether owned or leased.

2. ASSUMPTION OF RISKS

I acknowledge and fully understand that participation in the Activities involves inherent and unavoidable risks, both known and unknown, which may result in serious injury, illness, property damage, or death. These risks include, but are not limited to: drowning, near-drowning, collisions, slips, falls, bone fractures, disfigurement, head trauma, chronic pain, bullying, emotional distress, equipment failure, hazardous weather, infectious diseases, negligence of staff, and delayed medical treatment. I voluntarily accept and assume all risks, including those caused by negligence, gross negligence, equipment malfunction, environmental conditions, breach of contract, or breach of statutory duty of care by the Released Parties.

3. WAIVER AND RELEASE OF LIABILITY – ENHANCED RIGHT-TO-SUE WAIVER

To the fullest extent permitted by law, I irrevocably waive, release, and forever discharge the Released Parties from any and all claims, demands, actions, causes of action, losses, damages, costs, or expenses, whether known or unknown, foreseen or unforeseen, and whether in tort, contract, statute, or equity, arising out of or relating to my presence on the Premises, participation in the Activities, or use of equipment/facilities, regardless of negligence or gross negligence. This waiver applies to all legal theories and all categories of damages. I agree never to sue or participate in any court proceeding against the Released Parties for any covered matter.

4. ARBITRATION AGREEMENT – BC-LAW–COMPLIANT

Any dispute, claim, or controversy arising out of or relating to this Agreement, my participation in the Activities, or my presence on the Premises shall be resolved exclusively by final and binding arbitration in accordance with the Arbitration Act, S.B.C. 2020, c. 2. The arbitration shall be conducted by a single arbitrator in Kelowna, British Columbia, under BCICAC domestic rules, in English, and the decision shall be final with no appeal except as allowed by the Act. I waive my right to have any claim resolved in court, and the waiver of my right to sue remains effective regardless of the arbitration requirement. All claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

5. INDEMNITY

I agree to indemnify and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, and expenses (including legal costs) brought by me, my estate, my heirs, or any third party arising out of my participation, my presence on the Premises, or my breach of this Agreement.

6. KICKED-OFF POLICY

The Participant, Customer and/or Guardian understands and agrees that all rules and regulations of the water park must be followed at all times. These rules include prohibitions on pushing, shoving, bullying, using inappropriate or abusive language, swimming underneath the equipment, participating under the influence of drugs or alcohol, participating while pregnant, and any other conduct deemed unsafe or inappropriate by the Company. All directions and instructions from lifeguards and staff must be immediately and fully complied with. If they fail to follow any rules, they may be immediately removed from the water park and their pass revoked without any refund.

7. WEATHER POLICY

The Participant understands that both predictable and unpredictable weather conditions including wind, rain, lightning, sudden temperature changes, or other environmental hazards can affect the safety and accessibility of the water park. The Participant agrees that the Company shall not be held liable for any injury, harm, loss, or death resulting from weather related events. In the event of a weather related closure, no monetary refund will be provided; instead, a “rain cheque” or credit for future use will be issued.

8. MEDIA RELEASE

I grant the Released Parties the right to use my name, likeness, image, voice, or statements for any lawful purpose, worldwide, in perpetuity, without compensation.

9. FITNESS, INSURANCE, AND PERSONAL PROPERTY

I certify that I am physically and mentally fit, not under the influence of alcohol or drugs, and have adequate insurance or will bear all costs for any injury, illness, or damage. I understand buoyancy aids provided may not be lifejackets or government-approved PFDs. I accept full responsibility for personal property loss or damage.

10. GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed by the laws of British Columbia and Canada. If any part is unenforceable, the rest remains in full force.

11. BINDING EFFECT

This Agreement binds me, my heirs, executors, administrators, assigns, and legal representatives, and survives termination of my participation.

12. PARENT OR GUARDIAN CONSENT FOR MINORS

If the Participant is under the age of 19, this Agreement must be signed by a parent or legal guardian, who agrees to be bound by all terms herein and to indemnify and hold harmless the Released Parties in respect of any claims arising from the minor’s participation.

August 22, 2025

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 19 years of age or older
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*
I would like to receive discounts, news and information by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Express Acknowledgment
I confirm all information is correct, that full legal names have been provided for myself and all participants in my group and/or under my guardianship. I am sound of mind and have the legal authority to sign for myself and those under my guardianship. I understand and agree that this release applies even if the injury, loss, or death results from the negligence, gross negligence, breach of contract, or breach of any statutory duty of care by the Released Parties. I specifically acknowledge that I am waiving my right to bring any claim, including for gross negligence, reckless conduct, or fundamental breach, to the fullest extent permitted by law. I acknowledge I had adequate time to read, ask questions, and seek legal advice about this Agreement before signing, and I sign it voluntarily without pressure.*
Yes

I hereby fully acknowledge and accept the risks involved and forever release and waive my right to bring any suit against Kelowna Water Park ltd. and Penticton Water Park Ltd.— and its owners, officer, directors, managers, officials, trustees, agents, employees, or other representatives.

BY SIGNING AND/OR PRINTING MY NAME OR CHILD(S) NAME BELOW, I ACKNOWLEDGE AND HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.

I have provided full legal names of participants and myself. I have been sufficiently informed of the risks involved, been provided adequate time to fully understand this release form and give my voluntary consent in signing said form.



I hereby fully acknowledge and accept the risks involved and forever release and waive my right to bring any suit against Kelowna Water Park ltd. and Penticton Water Park Ltd.— and its owners, officer, directors, managers, officials, trustees, agents, employees, or other representatives.

BY SIGNING AND/OR PRINTING MY NAME OR CHILD(S) NAME BELOW, I ACKNOWLEDGE AND HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.

I have provided full legal names of participants and myself. I have been sufficiently informed of the risks involved, been provided adequate time to fully understand this release form and give my voluntary consent in signing said form.

Parent or Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 19 years of age or older
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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