RELEASE AND WAIVER OF LIABILITY
NOTICE: By signing this document, you are waiving certain legal rights.
This Release and Waiver of Liability by the undersigned guest (“Guest”) applies to any and all the Guest’s cable park activities as well as any and all the Guests aqua play activities.
In consideration of the Guest being permitted to use and/or participate in certain cable park activities and/or aqua play activities, the Guest for himself/herself and his/her personal representatives and heirs, hereby acknowledges, agrees, and represents that he/she has watched other persons use the aqua play courses and obstacles (“Aqua Play”) and has also watched other persons use the cable park facilities (“Cable Park”). The Guest further acknowledges and agrees that he/she is generally familiar with watersports, water obstacle courses, water parks, knee boarding, tubing, waterskiing and cable operated wakeboard rides. Guest further agrees that his/her use of, riding on, and/or participating in Cable Park activities and/or Aqua Play activities shall constitute an acknowledgment by Guest that (after watching other persons ride, use, and participate) that the Guest finds and accepts the Aqua Play activities and Cable Park activities suitable and safe for the Guest’s own use, riding, play, and participation (herein collectively and individually, “Participation” or “Participating”).
The Guest further understands and acknowledges that there are certain inherent risks of physical injury and potential dangers of Participating in Aqua Play and/or Cable Park activities. The undersigned Guest accepts and assumes sole responsibility for the risks and dangers of Participating in Cable Park and/or Aqua Play activities, which such risks include, without limitation, the potential for: serious bodily injury, drowning, permanent disability, partial and/or full paralysis, loss of life, disease, infection, emotional injury, minor injury, and/or disfigurement (herein collectively and individually, “Risks”). Guest expressly assumes ALL the Risks of Participating in Cable Park and/or Aqua Play activities, including, without limitation, serious bodily injury, drowning, permanent disability, paralysis, loss of life, disease, infection, emotional injury, minor injury, and/or disfigurement resulting from: falls; slippery surfaces; exposure to untreated water; immersion in water; exposure to extreme and rapid movements and changes in direction; rotation and spinning movements in an uncontrollable manner; rapid uncontrollable movements up and down, and in other directions; lightning strikes; being struck by equipment; being struck or pushed by other people; sunburn and/or dehydration; striking or hitting the wakeboard, insects, birds and/or other objects; being bitten or stung by marine life, fish, reptiles or bugs; speed and force of the cable; being struck by the rope and/or handle; life vest rash and/or injury caused by life vest due to movement and/or compression; adverse weather conditions; physical impacts with water or objects; failure to follow directions; failure to heed posted warnings; equipment failure; and/or other undefined not readily foreseeable and presently unknown risks and dangers of a participating in Cable Park and/or Aqua Play activities. Guest represents to Allen Watersports, LLC and OWA Watersports LLC and their respective members, managers, officers and licensors, that Guest is willing to assume the risk of any medical and/or physical condition of Guest being re-injured, aggravated, and/or triggered by Participating in Cable Park and/or Aqua Play Activities. Guest further represents and warrants that Guest has adequate insurance to cover any personal injury and/or damage Guest may cause or suffer while Participating in such activities, and Guest agrees to bear all costs and burdens injury and/or damage above any insurance coverage that Guest may have.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN CABLE PARK AND/OR AQUA PLAY ACTIVITIES, THE GUEST HEREBY ALSO AGREES TO THE FOLLOWING ADDITIONAL TERMS:
1 . The Guest hereby releases, waives, discharges and covenants not to bring any claim and/or lawsuit against Allen Watersports, LLC, OWA Watersports LLC, and/or Foley Holdings LLC (the owner of the Lake) and/or their respective members, managers, employees, representatives, and/or agents (collectively and individually, “OWA”), from any and all claims, costs, liabilities, expenses and/or judgments whatsoever, including attorneys’ fees and/or court costs, arising out of, relating to, or in connection with any Risks, whether caused by the negligence of OWA and/or otherwise arising out of, relating to, or in connection with the Guest Participating in Cable Park and/or Aqua Play activities.
2. To the fullest extent allowed by law, the undersigned Guest hereby agrees to hold OWA harmless from any loss, liability, damage and/or cost arising out of, relating to, or in connection with Guest’s Participating in Cable Park and/or Aqua Play activities.
3. Guest represents and warrants to OWA that he/she has read, understands and agrees to abide by all Cable Park and Aqua Play instructions and warnings, and that Guest can competently swim, and Guest is physically and mentally able to Participate in those Cable Park and Aqua Play activities that Guest chooses. Guest further represents and warrants to OWA: (i) Guest shall follow the instructions of staff; (ii) Guest has read all posted warnings and instructions; (iii) Guest shall inspect all equipment before his/her use; (iv) Guest shall wear all required safety equipment while Participating, and shall not remove said equipment; (v) Guest understands the water is not heated, filtered or chlorinated and may contain microorganisms; (vi) Guest will get wet and be exposed to slippery surfaces and equipment; (vii) Guest will fall and hit the water and/or objects; and (viii) Guest consents to being photographed and/or videotaped.
- Guest hereby agrees to a blanket release of all rights related to their audio and photographic image that may arise out of Guest’s Participation in Aqua Play and/or Cable Park activities. Guest understands that this release included any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by OWA. Further, Guest hereby grants full permission for OWA, to record any or all of Guest’s Participation in Aqua Play and/or Cable Park activities, and their name and likeness in the for photos, motion pictures, TV, radio, Internet, recordings, videotapes, digital recordings, and other media, known or unknown, and to use them in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any reimbursement of any kind due to Guest, or the need to pay Guest any fee whatsoever. Guest agrees that OWA will be the exclusive owner of all rights, including, but not limited to, the copyrights, in and to the recordings and the results and proceeds of Guest’s Participation hereunder (the “Materials”). Guest hereby assign all rights in the Materials to OWA. Such assignment will be deemed irrevocable and coupled with an interest.
5. To the fullest extent allowed by law, the Guest and OWA hereby waives any right to a jury trial with regard to this Release and Waiver of Liability. All the provisions of this release and waiver of liability are severable. To the extent any provision conflicts with applicable law or is unenforceable, such provision shall be deleted and treated as if never incorporated herein.
6. In order to participate in the Cable Park or Aqua Play, Guest must at least be 6 years old.
THE UNDERSIGNED GUEST HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY, and further agrees that no representations, statements or inducements apart from the foregoing written statement have been made.
IN WITNESS WHEREOF, the undersigned Guest has executed this Release and Waiver of Liability.
FOR GUESTS OF MINORITY AGE
I, the undersigned, as parent or guardian of the above Guest, hereby knowingly and voluntarily execute this Release and Waiver of Liability with the intent of affirming and making effective all statements, representations and acknowledges made herein by the Guest. I have fully informed myself of the contents of this liability release and waiver, fully understand the terms contained therein, am aware of the legal consequences of signing the release and waiver, and consent to the same and on behalf of myself as well as in my authority as the parent or guardian of the above-named Guest.