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ACKNOWLEDGMENT OF RISKS, RELEASE, WAIVER, HOLD HARMLESS AND INDEMNITY AGREEMENT

This is a legal document that confirms your acknowledgement of risks, releases liability, waives certain legal rights and promises to hold harmless and indemnify various entities and individuals. Read this agreement in its entirety and only sign it if you understand all the terms, conditions and agreements contained within.

ACKNOWLEDGEMENTS AND ASSUMPTION OF RISK

I UNDERSTAND AND ACKNOWLEDGE that the Activities (as defined below) in which I am about to voluntarily engage in bear certain known risks, as well as unanticipated risks, that could result in SEVERE PHYSICAL INJURY, SEVERE MENTAL INJURY, DEATH, ILLNESS, DISEASE, OR DAMAGE to me or my property. I understand and acknowledge those risks may result in claims being made by me against Releasees (as defined below). However, I am making an informed choice to voluntarily accept such risk to gain access to the Premises (as defined below) and/or engage in Activities due to the anticipated thrills, excitement and benefits thereof, and I agree that the benefits outweigh the risks. I further state and affirm that I am aware of the fact that the Activities, even under the safest conditions possible, may be hazardous, that I assume the risk of any and all loss or damage to property and/or bodily injury, including death, negligently caused, resulting out of or in any way connected with being on the Premises or engaging in Activities.

Risks may include, but are not limited to, the following:

  1. Acts, omission, or negligence of Releasees or their agents or employees;
  2. Latent or apparent defects or conditions: at the facilities, with the equipment, of the Activities or on the Premises;
  3. Improper or inadequate instruction or supervision regarding the Activities or use of the attractions, rides, equipment, and other facilities;
  4. The behavior of co-participants;
  5. Accidents or incidents on the Premises including but not limited to accidents or incidents in wet areas, such as pool decks, tiled, concrete or other wet surfaces; and/or
  6. First aid emergency treatment services rendered or failed to be rendered by Releasees.

Injuries may include a broad range of accidents and include, but are not limited to, the following: (a) death (b) paralysis; (c) spinal injuries; (d) broken bones; (e) dislocations; (f) torn ligaments and tendons; (g) sprains and strains; (h) cuts to the head, body, face, arms, legs, feet, or other parts of the body; (i) torn nails; (j) exposure to heat and cold; (k) dehydration; and (l) bumps and bruises suffered while participating in the Activities.

RELEASE OF LIABILITY AND WAIVER

I, the undersigned hereby voluntarily consent to accept and assume the risk associated with being on the Premises, engaging in Activities, and also assume the risk from the actions, inactions or negligence of others. Further, I covenant and agree to release and waive any and all claims against the Releasees, in law or equity, whether in tort, contract, premises liability or otherwise, arising out of or related to being on the Premises or engaging in the Activities.

HOLD HARMLESS AND INDEMNITY AGREEMENT 

I, the undersigned, agree to defend, indemnify and hold harmless the Releasees and each of them from any loss, liability, damage or cost I or they might incur due to my being on the Premises or engaging in Activities, whether caused by the negligence of the Releasees, myself or others. The defense and indemnification stated herein includes the payment of any legal fees incurred by legal counsel of Releasees own choosing. I further covenant not to cause any action at law or in equity to be brought or permit such to be brought on my behalf, either directly or indirectly, on account of loss or damage to property and/or bodily injury, including death, against the Releasees, resulting from, or arising out of, or in any way connected with any claims, demands, and causes of action which now or in the future may be asserted against the Releasees arising out of or by reason of my being on the Premises or engaging in Activities.

DEFINITIONS 

“Releasees” is defined to mean: Roaring Springs, Wahooz, Pinz, BowDen Properties LLC, BlackMor LLC and all individuals or entities directly or indirectly providing any service on their behalf or associated therewith. Releasees, shall include but not be limited to: directors, executives, owners, operators, parent entities, sponsors, hosts, and all the employees or contractors of the aforementioned entities.         

“Activities” is defined to mean: use of the physical facilities or equipment in any way; being on the Premises; using or interacting with any ride, slide, pool, game, or any other attraction; participating in any event held on the Premises; or observing any of the above.          

“Premises” is defined to mean the real property of the Releasees including the indoor and outdoor spaces thereof and specifically including but not limited to: 1385 S. Blue Marlin Lane, Meridian Idaho and 400 W. Overland Road, Meridian Idaho.

DECLARATION OF PARENT OR LEGAL GUARDIAN

I, the undersigned, declare that I am the parent of, or the legal guardian of, any below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a precondition to a minor being on the Premises or engaging in Activities the parent or legal guardian of the minor must sign this legal document. I execute this document both for myself and on behalf of said minor and any references to “I” or the “undersigned” shall be construed to include said minor. 

In the event that it is determined for any reason that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute this document on behalf of said minor, then I agree to defend and indemnify all Releasees if any litigation is instituted, as a result of any injury, death or claim for damage arising out of, relating to, or in any way connected with, the minor being on the Premises or engaging in Activities. I understand that this indemnity provision is in addition to, and not in lieu of, any other indemnity provision found in this document.

AUDIO OR PHOTOGRAPHIC IMAGE RELEASE

I agree to a blanket release of all my audio, video, and photographic image rights arising out of my being on the Premises or engaging in Activities, and I hereby grant to Roaring Springs, Wahooz, Pinz and their parent entities the right to use my audio, video, and photographic images in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, marketing, trade or commercial purposes without reimbursement of any kind due to me or the need to pay me any fee whatsoever.

ADDITIONAL IMPORTANT TERMS AND CONDITIONS

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 legal action relating to my being on the Premises, engaging in Activities or to interpret and/or enforce this agreement will be brought in the Fourth Judicial District of the State of Idaho in Ada County and will be subject to, and determined under, the laws of the State of Idaho, without regard to any choice of law provision. The prevailing party in any litigation related to the applicability and/or enforcement of this agreement shall be entitled to recover costs and attorney’s fees, including any costs or fees upon appeal.

This agreement to is for the express purpose of benefiting each Releasee. The provisions hereof may be enforced by any Releasee. This agreement is absolute and unconditional, cannot be rescinded, can only be amended through a written document signed by all parties, is independent of any other agreement involving the undersigned and applies to undersigned’s heirs, legal representatives, successors, assigns, anyone claiming under them, any of their children, wards, or minors they bring on the Premises. To the extent the terms of this agreement modify or conflict with any provisions of any other agreement or contract involving the undersigned, the terms of this waiver shall control. 

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS ACKNOWLEDGMENT OF RISKS, RELEASE, WAIVER, HOLD HARMLESS AND INDEMNITY AGREEMENT THE UNDERSIGNED FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING AGREEMENT HAVE BEEN MADE. THIS WAIVER AGREEMENT SHALL BE BINDING FOR ALL VISITS BY THE UNDERSIGNED AND/OR THE BELOW NAMED MINOR’S VISITS TO THE PREMISES FOR TWO (2) YEARS FROM THE DATE IT WAS EXECUTED.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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