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Birch Bay Waterslides Waiver

Release of Liability, Assumption of Risk, Hold Harmless & Indemnification 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; specifically Birch Bay Jun Yu Waterslides LLC (its owners, operators, executives, agents, officers, management and employees) DBA Birch Bay Waterslides (hereinafter referred to as “Releasees”) and hereinafter referred to as so throughout the remainder of this document.

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 Risks

I am voluntarily participating in Activities at the Birch Bay Waterslides at my own risk. I understand and acknowledge that all activities in which I am about to voluntarily engage, even under the safest conditions and supervision, 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.

Activities is defined to meanand include: being on the premisesof the waterpark and the parking lot for the same, use of the physical facilities and equipment in any way, such as but not limited to waterslides, water attractions, pools, structures, stairs, railings, platforms, decking, chairs, umbrellas, rental equipment, inner tubes, games, restrooms, shops and food service facilities, or use of any other attraction/equipment associated with and present on the Birch Bay Waterslides premises.   

I also understand and acknowledge that I am making an informed choice to voluntarily accept such risk to gain access to the Birch Bay Waterslides premises defined by all indoor and outdoor spaces thereof and specifically including, but not limited to the location at 4874 Birch Bay-Lynden Rd., Blaine WA 98230.

Risks which I specifically assume may include, but are not limited to, the following:

  • Acts, omissions, or negligence of Birch Bay Waterslides, (it’s owners, operators, executives, agents, officers, management and employees);
  • Latent or apparent defects or conditions: at the facilities, with the equipment, parking lot and/or other walking surfaces, slides, splash pools, run-out pools, stairs, and ramps on the premises;
  • Improper or inadequate instruction or supervision regarding the activities or use of the attractions, rides, equipment, and other facilities;
  • The behavior of co-participants and other guests at or on the premises.
  • Accidents or incidents on the premises including but not limited to accidents or incidents in wet areas, such as pool decks, stairs, railings, platforms, concrete surfaces, restrooms, parking lots or other wet surfaces;
  • Use or failure of common use equipment provided by the facility; included but not limited to: chairs, tables, umbrellas, inner tubes, lockers, and other structures on the Birch Bay property; 
  • First aid emergency treatment services rendered or failed to be rendered by Birch Bay Waterslides (its owners, operators, executives, agents, officers, management and employees).

Release of Liability and Waiver

I hereby voluntarily release the Releaseesfrom all liabilities, and causes of action, claims and demands that may arise in any way from any injury, death, loss or harm that occur to me while on the premises. This waiver and release is specifically meant to be broad and to include any type of injury and/or death claim related to, arising out of, or involving the use of the water park facility, and also to include the risks assumed in the previous section of this Agreement. This waiver and release also includes any and all negligence of Releasees, to any degree.

Indemnification Hold Harmless and Indemnity Agreement

I agree to defend and hold harmless the Releaseesfrom any loss, liability, damage or costincur due to my being on the premises or engaging in activities, whether caused by negligence of the Releasees, myself or others. I also agree not to sue or make a claim against the Releasees for death, injuries, loss or harm that occur during my participation in the activities. I further agree that if I file a civil action against any of the Releasees, I will defend and indemnify them for all costs and attorneys’ fees. And, I agree that the scope of this indemnity agreement specifically applies even if any of the Releasees is negligent. [Lastly, should any minor that is listed in this Agreement file a civil lawsuit, I agree to defend and indemnity Releasees for all attorneys’ fees and costs incurred in the defense of that lawsuit.]

Additional Terms & Conditions

I agree to follow all park rules at the Birch Bay Waterslides as posted through-out park, listed at www.birchbaywaterslides.net, and as instructed by staff. I understand that I must be able to participate in the Activities without being a danger to myself or others. I acknowledge that failure to obey the rules, portraying negative actions, or acting in an inappropriate manner, may result in removal from the premises without reimbursement.

A decision to participate in the Activities is solely my responsibility (and my responsible guardian, if I am a minor).

Visitors with previous injuries, physical impairments, and/or existing medical conditions should consult a physician in participating in activities. All activities within the Birch Bay Waterslides premises are at your own risk. Women who are pregnant are not permitted to use the waterslides or spa. I acknowledge and represent that I know my medical history, physical condition and limitations, and am able to safely participate in the activities and offerings at Birch Bay.

I authorize Birch Bay Waterslides to provide or obtain for me, such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and related transportation. Birch Bay Waterslides acceptance of a participant with a medical condition must not be interpreted as Birch Bay Waterslides acceptance of any responsibility for the management of a medical emergency or other event arising from that condition. 

I understand that during the use of any Birch Bay Waterslides facilities or attractions I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me. I grant the Birch Bay Waterslides the right to use such likeness, in any manner for publicity, promotions, advertising, marketing or commercial purposes without reimbursement of any kind due to me or the need to pay me any fee whatsoever.

I acknowledge that Birch Bay is providing recreational services and is not selling or leasing a product to me. As such, Releasees would not be subject to products liability/strict liability.

Servability

I agree that the purpose of this agreement is that it shall be an enforceable Release of Liability and Indemnity as broad and inclusive as permitted by Washington State Law. I agree that if any part or provision is found to be invalid or unenforceable then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.

Agreement

I have read and voluntarily signed this acknowledgement of risk, release, waiver, hold harmless and indemnity agreement. No oral statements or inducements have been made apart from what is in this document. I understand this is a contract that affects my legal rights and I sign it of my own free will.

If a participant is a minor, signature of parent or responsible adult is required below. In consideration for a minor child being admitted to participate in the activities I accept and agree to the contents of this agreement. I certify I have authority to sign on behalf of the minor child.

If there is an additional adult added to this waiver, I certify that I have the authority to sign on behalf of the additional adult. In consideration for an additional adult being admitted to participate in the activities I accept and agree to the contents of this agreement.

I execute this document with express consent of both myself and on behalf of the listed adults and/or minors and references to "I" or the "undersigned" shall be construed to include the listed adults and/or minors.

I acknowledge I have read and agreed to all terms of the above agreement.

This agreement shall be binding for all visits by the undersigned and/or the additional adults or minor’s visits to the premises for a minimum of three years from the date it was executed.

Electronic Signature Authorization

By applying my electronic signature to this agreement, I agree that my electronic signature is the illegally binding equivalent of my handwritten signature on paper. By electronically signing and submitting this agreement, I

  1. Acknowledge that I have read and fully understand the terms of this agreement;
  2. Voluntarily agree to be bound by this agreement; and
  3. Certify that I am 18 years of age or older.

Date: May 16, 2025

First Participant's Name
First Name*
Last Name*
Phone*
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First Participant's Date of Birth*
Date of Birth
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
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
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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