CABLE PARK WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
1.Definitions. The person who is using the cable park and aqua park shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean SouthTown Wake Park, LLC or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means using the cable park, aqua park, and using its facilities for any purpose.
2.Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: actual or alleged transmission of a communicable disease such as COVID-19, water flow; tides; currents; wakes; drowning; entanglement; impacts; collisions with other participants; watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; marine and other wildlife; operator error; mental distress from exposure to any of the above; and negligence of employees or others. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:
Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.
Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
4.Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
5.Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.
6.Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of South Carolina, and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state courts located in York County, South Carolina, and Undersigned expressly agree and consent to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
7. Media Release. The Undersigned herby gives SouthTown Wake Park, LLC and its employees, representatives, and authorized media organizations permission to photograph and video, the Undersigned for use in audio, video, film, or any other electronic, digital and printed media. This media may be used for any lawful purposes, including but not limited to social media or other promotional purposes without compensation.
AQUA PARK RELEASE OF LIABILITY
In consideration of the services of Southtown Wake Park LLC owners, officers, volunteers, employees, and all other persons or
entities acting in any capacity on their behalf (hereinafter collectively referred to as "SWPL"), I hereby agree to release, indemnify, and
discharge SWPL, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as
follows:
1. I acknowledge that my participation in inflatable waterpark and other water activities entail known and unanticipated risks that could
result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such
risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: accidental drowning; slips and falls; collision with fixed or movable objects or watercraft; raft
capsize and entrapment; high wind, waves, or other inclement weather; exposure to temperature and weather extremes which could cause
cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; musculoskeletal injuries
including wrist, arm, shoulder, head, neck and back injuries; rope burns; exposure to potentially dangerous wild animals, aggressive
and/or poisonous marine life, insect bites, and hazardous plant life; falling off of or being thrown from the unit; accidents or illness can
occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure or operator
error; transmissible pathogen or disease; the negligence of other participants, or other persons who may be present; my own physical
condition, and the physical exertion associated with this activity. Furthermore, SWPL personnel have difficult jobs to perform.
transmissible pathogen or disease; They seek safety, but they are not infallible. They might be unaware of a participant's fitness or
abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and
the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation
devise (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SWPL from any and all claims, demands,
or causes of action, which are in any way connected with my participation in this activity or my use of SWPL’s equipment or
facilities, including any such claims which allege negligent acts or omissions of SWPL.
4. Should SWPL or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear
the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I
may have.
6. In the event that I file a lawsuit against SWPL, I agree to do so solely in the state of South Carolina, and I further agree that the
substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any
portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I
may be found by a court of law to have waived my right to maintain a lawsuit against SWPL on the basis of any claim from
which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SWPL. I
have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
