1. Definitions. Any person who is participating in activities offered by Charleston Aqua Park, including but not limited to the aqua park, ropes course, wakeboarding, kids camps, stand-up paddleboarding, and any other current or future activities, programs and services, 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 (DBA Charleston Aqua Park) and its respective successors in interest, affiliated organizations, parent and sister companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means participation in any and all activities, services, and use of facilities at Charleston Aqua Park, including but not limited to water sports, obstacle courses, camps, combos, or any other offerings available now or in the future.
2. Risks of Activity and Natural Terrain. The Undersigned agrees and understands that participation in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. This includes but is not limited to all water-based activities, obstacle courses, children’s camps, stand-up paddleboarding, and other physical activities offered. Furthermore, Charleston Aqua Park is located in a natural environment, which includes, but is not limited to, tree roots, uneven ground, sand, rocks, slippery stones on the shoreline, tree trunks under the waterline, natural vegetation, wooden benches, check-in containers, and other obstacles inherent in such settings. The Undersigned acknowledges that these natural conditions may pose additional risks of slips, trips, falls, or other hazards due to uncontrolled environmental elements, and voluntarily accepts these risks as part of the park’s intended natural experience.
The risks and dangers of the Activity and the natural terrain include, but are not limited to: slips and falls due to wet conditions, 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; and unforeseen natural hazards. 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) Release. 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, including, but not limited to, claims of negligence and/or breach of contract. This Agreement does not release the Released Parties from liability for gross negligence, willful misconduct, or reckless disregard of safety.
(b) Assumption of Risk. The Undersigned agrees and understands that there are various dangers and risks associated with participation in the Activity, including those inherent to the natural setting, 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. THE UNDERSIGNED VOLUNTARILY ASSUMES ALL RISKS, WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
(c) Indemnification. 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. The Undersigned also acknowledges that improper use of equipment or failure to follow posted safety rules may result in personal responsibility for any damages or injuries caused.
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 Undersigned acknowledges that (s)he is waiving any legal rights on behalf of the minor that the minor would otherwise have, and without the Undersigned’s acceptance of these terms, the minor would not be permitted to participate in the Activity. For participants aged 16 and under, a legal guardian must be present to provide supervision during activities. By signing this Agreement without a parent or legal guardian’s signature, the Participant, under penalty of fraud and as a legal defense for 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.
5. Medical Care. The Undersigned authorizes the Released Parties and their personnel to seek medical attention and care for Participant and/or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. The Undersigned further agrees to pay all bills, costs, and expenses associated with such medical care, hospital care, and related transportation. The Undersigned agrees to pay all costs associated with such medical care and related transportation. The Undersigned represents that they have the authority to consent to such medical treatment for any minor Participant, and hereby provides consent for such treatment if deemed necessary in the event of injury, accident, or illness during participation in the Activity.
6. Participant Health and Eligibility. The Undersigned confirms that the Participant can swim proficiently, meets minimum age, height, and weight requirements for specific activities, and does not have any conditions that would make participation hazardous. Participants must not be pregnant, under the influence of alcohol or drugs, or have any pre-existing medical conditions that would impair safe participation. The Undersigned further agrees that if at any time the Participant feels unable to safely continue, they will cease participation immediately.
7. Participant Responsibilities and Duty of Care. The Undersigned agrees to follow all posted and verbal safety guidelines, respect the rules of each activity, and exercise good judgment to avoid reckless behavior. Participants accept responsibility for adhering to Charleston Aqua Park’s safety protocols and for taking reasonable care when navigating the natural terrain, including awareness of roots, uneven ground, and other natural elements, to ensure their own and others’ safety. Participants must wear a properly fitted and secured life jacket during all water activities, participate in a safety briefing prior to any activity, and follow all safety guidelines provided by Charleston Aqua Park staff. Participants accept responsibility for adhering to Charleston Aqua Park’s safety protocols to ensure their own and others’ safety.
8. Behavioral and Safety Restrictions. The Undersigned agrees to abide by all behavioral and safety rules, including but not limited to no diving beneath features, no jumping onto others, no roughhousing, and respectful conduct toward staff and other participants. The detailed rules are posted on-site, and participants must also follow any additional instructions provided by Charleston Aqua Park staff. The Undersigned understands that any inappropriate language, disruptive behavior, or actions endangering themselves or others may result in immediate removal from the premises without refund.
9. Facility Acceptance and Hours. The Undersigned agrees to inspect the premises before participation, taking note of any natural terrain and features, and assumes all risks related to facility and equipment use. Activities are only permitted during official hours and may be suspended in adverse weather conditions, such as lightning. The park reserves the right to close areas or suspend activities at any time for safety reasons. The Undersigned agrees to inspect the premises before participation and assumes all risks related to facility and equipment use.
10. Term of Agreement. This Agreement is intended to extend indefinitely and will apply each time the Undersigned or minor child(ren) participates in activities at Charleston Aqua Park, whether on the initial or subsequent visits.
11. Insurance Acknowledgment. The Undersigned acknowledges that they have adequate insurance to cover any injury or damage incurred while participating in the Activity or, alternatively, agrees to bear the costs of any such injury or damage themselves.
12. Photo and Video Release. By entering Charleston Aqua Park and participating in the Activity, the Undersigned grants the released parties and its affiliates the irrevocable right and permission to photograph, record, or video the Participant. Such images and recordings may be used for any lawful purpose—including advertising, promotional, and commercial purposes—in any media now known or hereafter developed, in perpetuity and throughout the world, without compensation. The Undersigned waives any right to inspect or approve the finished product or its use.
13. Attorney Fees Clause. The Undersigned agrees to indemnify Charleston Aqua Park for any attorney fees or costs incurred in enforcing this waiver or defending against any claims related to this agreement.
14. Cancellation Policy. The Undersigned agrees to the park’s cancellation policy, which includes a 25% fee for cancellations made at least 24 hours before a session, and no refunds for cancellations within 24 hours or for no-shows. In cases of weather-related cancellations, credits may be issued to a prepaid account instead of a direct refund.
15. Chargeback Policy. In the event that the Undersigned initiates a chargeback for a valid transaction that complies with the terms outlined in this Agreement, the Undersigned agrees to reimburse Charleston Aqua Park for all fees, including any associated bank or processing charges. The Undersigned agrees to communicate directly with Charleston Aqua Park regarding any disputes prior to initiating a chargeback. Additionally, the Undersigned agrees that signing this Agreement, wearing the issued wristband, and participating in the safety briefing constitute explicit acknowledgment of their understanding and acceptance of all terms.
Charleston Aqua Park reserves the right to pursue claims in Charleston County Small Claims Court for chargebacks deemed to circumvent agreed policies, including but not limited to cases where:
(a) The Participant did not attend or show up for the booked activity,
(b) The Participant canceled within the 24-hour no-refund period,
(c) Prepaid credits were issued instead of a credit card refund in accordance with weather-related policies,
(d) Prepaid account refunds were provided as outlined in the cancellation policy.
Important Notice to Financial Institutions: This waiver is provided to the Participant, who must review, sign, and agree to the terms before participating in any activities. Charleston Aqua Park’s policies, including non-refundable cancellation terms and the issuance of prepaid credits for weather-affected sessions, are clearly stated and acknowledged by the Participant at multiple touchpoints: (1) the initial booking, (2) the check-in area, (3) the safety area. The Participant’s signature on this waiver confirms their understanding of these policies, and the Participant agrees to contact Charleston Aqua Park directly for any disputes, rather than initiating a chargeback. A chargeback in these cases constitutes an attempt to circumvent clear and agreed-upon policies.
By signing below, the Participant acknowledges that attempts to bypass these policies through chargebacks will be pursued in court if deemed necessary by Charleston Aqua Park.
16. Arbitration and Dispute Resolution Clause. Any dispute or claim arising out of or relating to this Agreement—including any breach thereof, the use of facilities, participation in the Activity, property damage, or personal injury (including death)—shall first be subject to mediation in Charleston County, South Carolina. If mediation fails to resolve the dispute, the Undersigned agrees that the matter shall be exclusively resolved by binding, confidential arbitration in Charleston County, South Carolina, under the South Carolina Uniform Arbitration Act, Section 15-48-10 et seq. Each party agrees that any dispute shall be heard only in its individual capacity and not as a plaintiff or class member in any class or representative action. Judgment on the arbitration award may be entered in any court of competent jurisdiction. No punitive or exemplary damages shall be awarded. Notwithstanding the foregoing, either party may seek provisional or injunctive relief from a court of appropriate jurisdiction to aid in the arbitration process. By signing this Agreement, the Undersigned waives the right to a trial by jury and any other rights available in court, except as expressly provided herein.
17. Signature Acknowledgment and Validity. By signing this Agreement, the Undersigned represents, under penalty of perjury, that the Undersigned is fully authorized to execute this Agreement on the Undersigned’s own behalf (if the Undersigned is 18 or older) or on behalf of any minor for whom the Undersigned is the parent or legal guardian. The Undersigned further acknowledges that by signing this Agreement, the Undersigned is waiving certain legal rights—including the right to pursue any legal claim against the Released Parties for injuries, including paralysis or death, arising out of participation in the Activity. The Undersigned understands that any fraudulent, intentionally false, incomplete, or illegible signature shall not invalidate this Agreement. In addition, the Undersigned’s presence at Charleston Aqua Park, use of any facilities, and receipt of an activity wristband shall be taken as evidence of consent to all terms and conditions set forth herein. The Undersigned further understands that any fraudulent or inaccurate representation regarding signing authority may subject the Undersigned to legal action, including defense and indemnification obligations, fraud, and trespass, and that signing on behalf of a minor without proper authority may result in personal liability.
