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.
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.
· Alcohol: Consumption of alcoholic beverages is permissible at your site only by adults 21 years of age and older.
· Campfires: Must be contained to the fire ring. Please stay with the fire until completely out. Only firewood permitted to burn.
· Check-in: Any time after 2pm and check-out is by 11am. Site fee includes 4 people and 2 vehicles. Maximum 6 people per site. Additional car passes will be at a cost of $5 per car, documented at the entry gate and charged to your account.
· Children: Anyone under the age of 16 must have adult supervision while in our pool and surrounding areas. Parents are responsible for all damages to the resort property by their children.
· Drones & Laser Pointers: Not permitted anywhere.
· Firearms & Fireworks: Not permitted on Resort Property.
· Golf Carts: All drivers must be 16 years old and have a valid driver’s license. Insurance required (charges my apply)
· Pets: Must be leashed at all times with a leash no longer than 6ft. Do not leave pets unattended or allow excessive barking. We cannot allow aggressive breeds such as, pit bulls, rottweilers, etc. There is a $100.00 fine for not picking up after your pet. Let's be courteous to others.
· Quiet time: 10:00 pm to 7:00 am. Please also refrain from playing loud/lewd music. Guest maybe asked to vacate at parks discretion.
· Refunds: There are no refunds for early departures.
· Smoking: Prohibited in all common areas; smoke at your site only, this includes vaping and e-cigarettes. There is a $100.00 fine if smoking off site. Let’s make sure we are courteous to those that do not smoke.
· Snowbird / Long Term: Electric meter is read on check-in and at month-end thereafter. Electric is billed at .14 per kilowatt hour and payable by the 5th of the following month. No Sub-Leasing permitted.
· Speed Limit: 10 mph on all Resort roadways.
· Swimming and Pool: There is NO Lifeguard on duty at times. Swimming is at your own risk. We are not liable for any injury that may occur. Adhere to all pool rules posted, no umbrellas allowed. Lessees and their guest may have pool privileges revoked if rules not followed and ultimately may lead to ejection from the park.
· Trash Pickup: Please set bagged trash at the end of your site in the morning by 10 am (do not leave out over night) and an employee will stop by and pick it up.
· Trailers: No parking on sites or in parking area at any time, trailer will be removed BY NMB RV Resort if on site or in parking area.(a storage yard is available) charges will apply
· Yard Art: No wooden stairs, yard mats, yard art, underpinning or lattice work. A limited amount of travel/ leisure furniture is allowed on site and at the management discretion.
· Propane: No propane tanks stored outside of RV, unless connected to your grill.
· Lessees: Lessees and their guest shall not engage in any disorderly behavior including, but not limited to profane language, slander, liable, harassment of employees or guests, disturbing the peace; and will not create excessive noise within the resort at any time.
· Repairs: No repair/ cleaning personnel shall be allowed at the resort without prior approval Management for each visit; each showing evidence of adequate General Liability and Workers Comp. Insurance. No RV shall be repaired, or cleaned with non-approved chemicals. No repair work or RV cleaning is to be done on site unless approved by management.
· Deliveries: No outside drivers or deliveries are allowed on the Property. This includes Uber/ Lyft/ Grubhub or any service using personal vehicles.
-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, utility, fuel, propane and any other charges incurred at NMB RV Resort & Dry Dock Marina at NMB RV Resorts discretion.
I Agree June 7, 2023