WATER ACTIVITIES, ROCK WALL AND RIDING ON THE FLOWRIDER® IS AN EXTREME SPORT AND HIGH-RISK RECREATIONAL ACTIVITY. SHEET WAVE SURFING ON, OR IN PROXIMITY TO, THE FLOWRIDER MAY RESULT IN SERIOUS PHYSICAL OR MENTAL INJURY, SERIOUS INJURY TO HEAD, NECK, BACK, HIPS, ILLNESS OR DISEASE, PARALYSIS OR DEATH. This document affects your legal rights. By writing your signature below, you acknowledge that a) if you are a first-time participant to the FlowRider, you are required to start by bodyboarding prior to stand-up riding, b) you have read and understood any and all instructions and signage having to do with the FlowRider attraction and c) you have read and understood the disclosure of risks, voluntarily and willingly accept those risks, and agree to be bound by all terms of this Release of Liability and Indemnity Agreement. My signature acknowledges that I, or the minor for whom I am a legal guardian, (collectively referred to as “I”, “me”, or “my”) have voluntarily chosen to participate in Rock climbing and the sheet wave surfing attraction known as the FlowRider or use a BodyBoard or Flowboard and Rock Climbing wall (collectively referred to as the “Activities”) and to use the facilities at North Myrtle Beach RV Resort and Dry Dock Marina, Inc. including but not limited to the FlowRider (collectively referred to as the “Facilities”). In consideration of the permission to participate in the Activities and use the Facilities, I hereby acknowledge, agree, promise and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with WHITEWATER WEST INDUSTRIES LTD., FLOWRIDER INC., North Myrtle Beach RV Resort and Dry Dock marina, inc. and Myrtle Beach power Sports, Inc. each of their lessors, parent companies, subsidiaries, related companies, Thomas J. Lochtefeld, 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 (collectively referred to as “Releasees”) as follows: ACKNOWLEDGEMENTS OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily engage bear certain known and inherent risks and unanticipated risks that could result in SERIOUS PHYSICAL OR MENTAL INJURY, SERIOUS INJURY TO HEAD, NECK, BACK, HIPS, ARMS, LEGS, ILLNESS OR DISEASE, PARALYSIS OR DEATH OR OTHER DAMAGE to me or my property. I understand and acknowledge those risks may result in claims against Releasees. However, I am making an informed choice to voluntarily accept and assume such risks due to the thrills, excitement and benefits of the Activities, and I agree that the benefit of the Activities outweigh the risks, which include but in no way are limited to: The acts, omissions or negligence in any degree of Releasees, or their agents or employees; (2) the risks inherent in the Activities, including but not limited to any injuries such as a) broken bones, b) dislocations, c) torn ligaments and tendons, d) sprains and strains, e) cuts to the head, body and/or limbs, f) torn nails, and g) bumps and bruises suffered while riding these extreme sporting attractions; (3) latent or apparent defects or conditions of the Activities or the Facilities; (4) improper or inadequate instruction or supervision regarding the Activities or use of the Facilities (5) the behavior of co-participants; (6) accidents or incidents in the Facilities, including but not limited to accidents or incidents in wet areas, such as pool decks, tiled, concrete or other wet surfaces; and/or (7) first aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their agents or employees. I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated may also result in serious injury, paralysis, death, illness, disease, or damage to me or to my property. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the Activities or use of the Facilities. Further, I acknowledge that I am not purchasing or leasing the attraction, but rather, am being afforded a non-exclusive right to use the attraction. Additionally, I acknowledge that Releasees are providing recreational services and that I am freely and voluntarily agreeing to be considered an active participant in this Activity. VOLUNTARY ACCEPTANCE AND ASSUMPTION OF RISK AND RESPONSIBILITY: I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES, AND RISK FOR INJURY, DEATH, ILLNESS OR DISEASE OR DAMAGE to me or to my property arising from the participation in the Activities or use of the Facilities. RELEASE AND INDEMNITY: I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Releasees and all other persons or entities affiliated therewith, from any and all liability, claims, demands, actions or rights or action, which are related to, arise out of, or are in any way connected with my active participation in the Activities or use of the Facilities, including, but specifically not limited to any and all negligence or fault of Releasees. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER and will apply to all current and future participation in the Activities or use of the Facilities. I understand that this RELEASE OF LIABILITY will prevent me, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury or death in the event of damage, injury or death arising from participation in the Activities or use of the Facilities. I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY Releasees, and all other persons or entities from all defense costs, including attorneys’ fees, or any other costs incurred in connection with claims for mental or bodily injury, wrongful death or property damage that may be filed by me, my child, my heirs or my estate. Such indemnity and defense obligation shall further extend to any claim, loss or lawsuit which alleges that I negligently or intentionally caused any injury, death or damage to spectators or other third parties in the course of my participation in the Activities. RELEASE OF ALL RIGHTS RELATED TO MY AUDIO AND PHOTOGRAPHIC IMAGE: I hereby agree to a blanket release of all rights related to my audio and photographic image that may arise out of my participation in the Activities or use of the Facilities. I understand that this release includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by Releasees. Further, I hereby grant full permission for Releasees, to record any or all of my participation, and my name and likeness in the Activities for photos, motion pictures, TV, radio, Internet, recordings, videotapes, and other media, known or unknown, and to use them in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any reimbursement of any kind due to me, or the need to pay me any fee whatsoever. I agree that Releasees will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the recordings and the results and proceeds of my participation hereunder (“Materials”). I agree that the Materials shall constitute a “work made for hire” pursuant to the United States Copyright Act. To the extent any of the Materials are not considered a “work made for hire,” I hereby assign all rights in the Materials to Releasees. Such assignment shall be deemed irrevocable and coupled with an interest. ENTIRE AGREEMENT, SEVERABILITY AND VENUE:I understand that this is the entire Agreement between the undersigned and Releasees, and that it cannot be modified or changed in any way by the representations or statements of Releasees or any employee or agent of Releasees, or by the undersigned. I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in a court in Horry County, South Carolina. Any disputes will be subject to and determined under the laws of Horry County, South Carolina. I Agree
Rules and Regulations Welcome to our Resort / Marina. We appreciate and value our customers. By signing below, you agree to all posted NMB RV Resort & Dry Dock Marina General Policies and Rules as listed and on the web. RV RESORT RESERVATION INFORMATIONPlease note: during the summer and when kids are on break from school the Resort is very busy and fills up quickly. Sites along the Activities areas and main roads are the busiest areas. Resort reservations can be made up to 18 months in advance by calling: 843-390-4386 or going to www.nmbrvresort.com. For all reservations from Memorial Weekend through Labor Day weekend there is a three-night minimum. There is no minimum at any other time of the year, except holidays (3 night) (New Years, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Halloween, Veteran’s Day, Thanksgiving, and Christmas). Reservations require pre-payment 50% at time of booking, balance collected up to 14 days prior to arrival, in full. All major credit cards accepted. A credit card must be on file NO EXCEPTIONS. Reservations are by site type opposed to site number, unless guest chooses to reserve by site number for an additional fee of $30 (based on availability and 3 night minimum required). For site type reservation site number will be given at check-in. Pictures are for information only, individual site looks and locations may vary. Cancellations or changes made at least 14 days prior to scheduled arrival date will incur an administrative fee of $30. Cancellations or changes made less than 14 days prior to arrival date will incur a one night fee (based on current rate). There will be no refund for the on-line reservation booking and credit card fees. If you do not show up for your reservation it will be canceled with no refund. Long-Term Cancellations: Reservations booked for 30 to 90 nights require a 30-day notice of cancellation with a fee of $150.00. Without a 30-day notice, you will incur a fee of $250.00. Reservations booked for 90 or more nights require a 90-day notice of cancellation with a fee of $250.00. Without a 90-day notice, you will incur a fee of $500.00 CHECK-IN AFTER 2:00 PM and BEFORE 10 PM; CHECK-OUT BEFORE 11:00 AM. ENTRANCE TO THE RESORT IS NOT PERMITTED UNTIL CHECK-IN unless early arrival is arranged. NO REFUNDS FOR EARLY DEPARTURE, INCLEMENT WEATHER, OR CHANGING TO A LESSER-PRICED SITE AFTER ARRIVAL. If you do not show up for your reservation it will be canceled with no refund. Rates are based on a family of (4) four. Extra persons – Day Visitors $10 per person per day. Overnight Visitors $10 per person per night. Maximum of 8 persons allowed per campsite. Space is limited. All sites have full hook-up – 30/50 Amp electric (tents will need an adapter), water, sewer, and cable (cords not provided).COTTAGE RENTAL RESERVATION INFORMATION:Please note: during the summer and when kids are on break from school the Resort is very busy and fills up quickly. Rental reservations require a refundable security deposit. There is no daily housekeeping/maid service. Guests must leave unit clean and undamaged to receive the security deposit refund. NMB RV Resort provides linens and some other furnishings including but not limited to: pillows, sheets, blankets, and towels. Security deposits are as follows: $300. Reservations require pre-payment 50% at time of booking, balance due and collected upto 14 days prior to arrival, in full. Cancellations or changes made at least 14 days prior to scheduled arrival date will incur an administrative fee of $30. Cancellations or changes made less than 14 days prior to arrival date will incur a one night fee. (based on current rate). There will be no refund for the on-line reservation booking and credit card fees. If you do not show up for your reservation it will be canceled with no refund. Check-in time is 2pm. Entrance to the Resort is not allowed until rental is ready for check-in so please plan accordingly. Check-out is 10am and guests must depart the Resort upon check-out. All units are non-smoking. Generally – WE DO NOT ALLOW PETS IN THE COTTAGE RENTALS.Vacation should be fun, and everyone wants to have a good time! Please be courteous and respectful of others and the property. We are privately owned and have the right to ask any rule violators to leave with no refund if necessary. We also have the right to alter rules if necessary. For the safety and comfort of all guests we ask that everyone be familiar with and adhere to the following rules:PLEASE KEEP IN MIND CAMPING IS AN OUTDOOR EXPERIENCE.You will encounter nature at the campground including wildlife, insects, a lot of sand, ground/sand erosion, and changes of weather. We do not refund for early departures.REGISTRATION/ENTRY/CHECK -INAll guests must register at the main office and pay the appropriate fees before setting up on a campsite, checking into a cottage rental, visiting a guest or resident, or before moving from one site to another. Check-in time for campsites is after 2pm and before 10pm. Early check in may be available for $25 Fee. Entrance after midnight is only allowed if you have already been issued a pass. If you do not show up for your reservation it will be canceled with no refund.All delivery drivers, taxis, ubers, lyfts, etc. must be met at the front entrance; they cannot enter the Resort. All vehicles and campers coming on the property must have a valid license plate. CHECK-OUT TIME IS 10:00 AM. Please leave vehicle pass with the office or front gate as you leave. Guests are not allowed to remain in the campground once they have checked out.2 vehicles, with passes, are included with your site. You will be given a access card for entry after hours. ($25.00 will be charged if not returned) Passes must be displayed at all times or your car may be subject to towed at your expense. An additional pass can be purchased for $20.00PARKING/TRAFFICSpace is limited. Campsite and Rental rates include two vehicles and one piece of camping equipment. If space allows, an additional vehicle may be registered for $20. Maneuvering around the campground may be challenging. Please ensure your vehicles and other property are within the perimeter of your site to avoid accidents and/or other damages. When the Resort is busy there is a lot of traffic on the main roads. Guests with small children may want to request to be away from these areas when making reservations.QUIET TIMEPlease observe quiet time from 11pm to 7am. Driving around the campground during quiet time is not permitted unless there is an emergency. All golf carts must be back on their sites from 11pm to 7am.SECURE YOUR BELONGINGSRemember to lock your vehicle and your unit. Put your awning and/or other loose items away if winds are strong. Do not leave valuable items outside on your campsite or inside your vehicle. Keep your cooler locked inside your camper or vehicle at night. Secure bicycles and scooters. If you see suspicious activity at any time, please call 843-450-0175.GOLF CARTS/LOW SPEED VEHICLESOnly personal golf carts registered are permitted to be operated on the campground. Rental carts are available through our on site office. All golf cart drivers must be least 16 years old and have a valid driver’s license. Violators may be fined and/or privileges may be removed Privately owned golf cars must be registered. Proof of proper liability insurance must be shown with a minimum of $50,000 coverage in Personal Injury and Property Damage held on the golf car. Be aware of South Carolina driving laws on public roads. Daily and Monthly rates apply for privately owned golf carts.Golf cars operating after sunset must have the light(s) turned on. Lights must be permanently attached and at least four inches in diameter. Flags on golf cars are not to exceed 24″ x 24″. No whip antennas or extended post-mounted flags are permitted. A maximum of 5 people can be in a golf car at any given time; a maximum of 8 people for a limo car. Please keep the volume level on radios, stereos, or other audio devices low so others are not disturbed. Vulgar or lewd lyrics will not be tolerated. No open containers of alcoholic beverages are allowed in golf cars. Golf cars must be operated properly and driven only on roadways. Golf cars are not to be driven across vacant or occupied campsites or in other restricted areas. Rental golf cars cannot be driven off the property.Under NO circumstances can golf cars be rented to other sites or other guests as a separate transaction.BICYCLESAll the campground roads are paved. Bicycles out at night must have lights. Bicycles are generally allowed in most areas of the campground. Please be sure your children know the rules of the road.SCOOTERS & MISC. POWERED VEHICLESWe allow electric scooters with a handlebar height of at least 36” that are designed for one person and are used by a single rider. If riding at night equipment must have lights. We do NOT ALLOW gas powered scooters, two-seated scooters, mopeds, motorbikes, go-carts, ATVs, or motorcycles to be operated in the Resort. TRASH PICK UPWe have daily trash pick-up for the campsites and cottage rentals. Please have your trash bagged and out by 10am. Do not put trash out before 10 am or after 3pm. Please help keep the property clean by discarding of your trash in an appropriate manner if you can not have your trash out at this time.CAMPFIRESWe do allow open wood burning campfires in approved areas of the campground! We ask that you only burn wood and do not use as a trash can. Wood can be purchased at our store.Caution – Please do not place charcoal grills on the campsite picnic tablesRIVER / PONDSFishing in our ponds and the river requires a SCDNR freshwater Fishing License for anyone 16 years old or over. Licenses can be purchased online or at any local Walmart. Bait and Tackle are available at the Camp Store. Fish in designated areas off of the docks. SWIMMING IN THE PONDS ARE PROHIBITED. Feeding migratory waterfowl (including ducks and geese) is prohibited under Horry County Law.PET POLICYWe allow pets on campsites sites only. Pets are not allowed in or around cottage rentals. Any dog that is unfriendly, exhibits aggressive behavior, is uncomfortable around loud noises or a lot of people, or barks uncontrollably, should be left at home. If a person brings a pet into the Resort that shows this type of behavior toward guests or park employees, or is causing discomfort to others, the manager may ask that the pet be boarded. If the pet owner chooses not to board the pet, they may be asked to leave. Pets at all times must be; cleaned up after, on a leash no more than 6 feet long, and within sight and under the control of their owner. Pets are not permitted to be tied up outside and left unattended. Pets are not permitted in campground buildings, facilities, amenity areas, or bathhouses/bathrooms. Exotic animals are prohibited.OTHERThe following are PROHIBITED:-Public display of alcohol
-Vulgar/Profane Music or Signage
-Washing of camping units or vehicles on campsites
-Inflatable pools
-No propane tanks stored outside of RV unless connected to your grill
-Fireworks or firearms of any kind
-Selling, Soliciting and/or distributing products or promotional material without permission from management
-Subleasing any site or rental
-Flying of drones or small unmanned aircraft
-Staying for a monthly or extended stay in a tent
-Sleeping in a car/truck or outside (unless in a tent)
-Camping equipment/vehicles in a state of disrepair. (All vehicles must have a valid license plate)
-Feeding migratory waterfowl (including ducks and geese) is prohibited under Horry County Law.
-Operating a generator without obtaining permission from the office/front gate.Parents are responsible for the actions and safety of their children and visitors. Management is not responsible for accidents or injuries to guests or visitors; or loss of money, jewelry or valuables, or damage to personal property of any kind.ALL RULES ARE SUBJECT TO CHANGE. ANY VIOLATORS OF ANY POLICY MAY BE ASKED TO LEAVE WITH NO REFUND! ANY PERSON THAT MAKES THREATS TO STAFF OR OTHER GUESTS, OR IS DESTRUCTIVE TO PROPERTY WILL BE EVICTED IMMEDIATELY. Please note: Our ability to operate any/all amenities and/or activities is contingent on weather, park occupancy, maintenance needs and updates, and other factors. We do not guarantee all amenities will operate 100% of the time. Hours of operation may vary.-NMB RV Resort & Dry Dock Marina is privately owned. We reserve the right to refuse service to anyone and will not be responsible for accidents or injury to our campers/boaters or their guest, nor for the loss of money or valuables of any kind. We reserve the right to evict violators of our General Policies and Rules and to remove any persons or animals considered to be detrimental to the health, safety, operations or welfare of others using our facilities. -I do hereby agree to the terms listed and posted on our website, hold harmless and indemnify NMB RV Resort and Dry Dock from any and all liability claims, suits, costs and fees in connection with our visit which shall include damage to property, real or personal and further agrees to harmless and indemnify it from any liability or claims, suits, costs, and fees to person(S) owning said property for any injury resulting from our activities and visit to North Myrtle Beach RV Resort and Dry Dock. -I hereby authorize NMB RV Resort & Dry Dock Marina to use my credit card for the purpose of paying deposit, camping fees, non- return of gate cards, utility, fuel, propane and any other charges incurred at NMB RV Resort & Dry Dock Marina at NMB RV Resorts discretion. I Agree July 26, 2024
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