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1. Definitions. The person who is using the water 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 participants legal guardian or parent when the participant is under the age of 18. “Released parties” mean The Shores of Asbury, LLC or any of [its/their] respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. the “activity” means using the Aqua Zone and other lake activities including but not limited to swimming beaches, kayaks, stand up paddle boards hereinafter referred to as the “activity”.
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 realized the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow; currents; wakes; drowning; entanglement; impacts; collisions with other participants; watercraft and other man made 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 others.
3. Release, indemnification, and assumption of risk. In consideration of the Participant being permitted to participate in the Activity, the undersigned agree as follows.
(a) 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.
(b) Indemnification. The Undersigned hereby agreed 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.
(c) 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 neglect 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 CHOOSE 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 Acknowledgement.
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 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 authorizes 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 Anderson 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 term 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. Buddy System. We require that everyone at the Aqua Zone engage in the buddy system when entering the water. this system pairs off swimmers with another swimmer (Buddy). Each Buddy is responsible for the other; if a Buddy is having a problem, they can help to alert our aquatic staff. buddies need to always stay together, if a buddy needs to leave the water (ex. Bathroom) for any reason, their Buddy must also leave until both are ready to return.
I myself, and any minors I am responsible for, will not enter the water without a Buddy.
8. All Participants are required to wear a Coast Guard approved life jacket at all times while on the water park. All Participants who are poor swimmers are encouraged to wear a Coast Guard approved lifejacket while swimming and playing in designated swim areas.
I we'll make sure all participants will not enter the water without a Coast Guard approved lifejacket on.
9. Safety Video. I understand that prior to entering the aquazone I must first watch a safety video. this video can be found on our website.
I will watch the safety video before participating on the water park.
10. COVID 19 STATEMENT.
I confirm that I will not attend the venue if I'm showing any signs of the following: fever, dry cough, shortness of breath, or any other flu like symptoms.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT AND UNDERSTAND IT’S CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.