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
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
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 body surfing, boating, river trips 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: slips and falls; water hazards; accidental drowning; collision with objects or people; rapidly
changing adverse weather and water conditions; inflatable wake park is slippery when wet and accidents can occur getting on or off;
exhaustion; musculoskeletal injuries including head, neck, and back injuries; other injuries include broken bones, concussions, cuts,
bruises; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia
(heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous
plant life; aggressive and/or poisonous marine life; my own physical condition, and the physical exertion associated with this activity.
Furthermore, SWPL participants have difficult jobs to perform. 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
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 further agree to indemnify and hold
harmless SWPL from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or
participation by Minor.