ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
Any person who is participating in the aqua park, ropes course, or any other activity offered by the 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 shall mean both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean NIIRRO LLC AND CAROLINA WATERSKI SCHOOL LLC (collectively “CHARLESTON AQUA PARK”) and their respective successors in interest, affiliated organizations, parent and sister companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in the aqua park, the ropes course, and/or using the aqua park 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 acknowledges that the Activity is or may be inherently dangerous and
fully understands the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: slips and falls due to wet conditions, unpredictable water flow; strong tides, currents, or wakes; collisions with other participants, watercraft or other manmade or natural objects; unpredictable weather conditions, capsizing, sinking or drowning, exposure to elements, equipment failure and/or defects, operator error, mental distress from exposure to any of the above, acts or negligence of third parties, among others. THE UNDERSIGNED ACKNOWLEDGES AND UNDERSTANDS 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. PARTICIPANT VOLUNTARILY ACCEPTS THESE RISKS.
3. Assumption of Risk, Release, and Indemnification.
In consideration of the Participant being permitted to access the Charleston Aqua Park premises and to participate in the Activity, the Undersigned agrees as follows:
(a) Assumption of Risk.
The Undersigned agrees and understands that there are various dangers and risks associated with participation in the Activity and that INJURIES AND/OR DEATH may result from, including but not limited to: the acts, omissions, negligence, representations, or errors of the Released Parties or third parties. By signing this document, the Undersigned recognizes that property loss, injury, or death are all possible while participating in the Activity.
RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE TO PARTICIPATE (OR TO ALLOW MINORS TO PARTICIPATE) AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
The Undersigned, for Participant and on behalf of Participant’s heirs and assigns, hereby IRREVOCABLY RELEASES, DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES WITH RESPECT TO ANY CLAIMS OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING FROM THE UNDERSIGNED’S PARTICIPATION IN THE ACTIVITY
which the Undersigned has or which could be asserted on behalf of a Participant, including, but not limited to, claims of negligence and/or breach of contract.
The Undersigned hereby agrees 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 beyond Participant’s use of the Aqua Park.
4. Minor Acknowledgment.
In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that (s)he is not only signing this Agreement on his/her own behalf, but also on behalf of the minor(s) and that the minor(s) shall be bound by all the terms of this Agreement and rules of the Aqua Park. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that (s)he is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, without their acceptance of these terms, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, the Participant, under penalty of fraud and as a legal defense of the Released Parties, represents that (s)he is at least 18 years of age and has the legal capacity to enter into such a contract. If signing as the parent or guardian of a minor Participant, the signing adults represent that they have the legal right and authority to make such decisions on behalf of the minor Participant.
5. Medical Care.
Undersigned authorizes the Released Parties and their personnel to seek medical attention and care for Participant and/or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is or appears to be needed. Undersigned agree to pay all bills and costs associated with such medical care and related transportation.
6. Miscellaneous. The Undersigned further agrees and understands that:
(a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances. Additionally, the Undersigned and their Participants agree to at all times follow the rules and regulations of Charleston Aqua Park;
(b) This Agreement shall be governed by the laws of the State of South Carolina, and the exclusive jurisdiction for any claim shall be Charleston County, South Carolina;
(c) This Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior promises, contracts, arrangements, communications, warranties or representations, whether oral or written, between the parties relating to the subject matter hereof;
(d) 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 or parts thereof shall remain unaffected and shall be an enforceable between the parties to the maximum extent permitted by law. It is the intent of the Undersigneds that this agreement shall be binding upon their heirs, assigns, next of kin, executors, administrators, and personal and legal representatives.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. FURTHERMORE, I AM AWARE THAT BY SIGNING BELOW, I AM FREELY AND VOLUNTARILY RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.