Splash Aqua Park LLC (SAP), at Steeple Bay
RELEASE OF LIABILITY
In consideration of being allowed to use the facilities and participate in the Aqua Park and other activities provided by Splash Aqua Park, LLC (SAP), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows:
I, the undersigned Participant (and Participants parent or guardian if applicable), am using the Splash Aqua Park equipment and participating in SAP activities, including, but not limited to, the Aqua Park, and any other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, burns, sprains, fractured or broken bones, as well as other head/brain, face, neck, back/spine injuries, up to and including paralysis, drowning and death, including serious impairment of Participant’s future ability to earn a living, to engage in other business, social and recreational activities, and generally enjoy life . I am also aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects. I voluntarily assume these risks by signing below and participating in the Activities. IN CONSIDERATION OF THE FEE PAID BY ME, AND IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE Splash Aqua Park LLC, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “SAP Staff”), FROM ALL INJURIES, DAMAGES, COSTS, EXPENSES, ATTORNEY FEES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY Splash Aqua Park and STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS.
I further agree that I am personally liable and responsible for paying SAP for any and all damage to SAP property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any SAP equipment or other SAP property, any loss of SAP equipment or loss of use of equipment, any claims for diminution in value of any SAP equipment, and/or the cost of repair or replacing any SAP equipment. I authorize SAP, at SAP’s discretion, to bill any such charges or costs directly to my credit card or to my account without further notice to me. I understand and acknowledge that SAP and the Activities are self-guided, WITHOUT LIFGUARDS or other supervision, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activities. I understand that SAP Staff are available to answer any questions I may have regarding SAP equipment and/or proper use of such equipment. I further understand and acknowledge that I am required to wear a Coast Guard approved lifejacket at all times while using or participating in the Activities. If I am unwilling or unable to follow the safety rules or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that SAP, at SAP’S discretion, may immediately restrict my use of or participation in the Activities and/or require me to leave the SAP premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for SAP or the Activities. This Release shall be governed by the laws of the State of Kansas. I agree that any Claims I may bring against SAP shall be submitted to the jurisdiction of the courts of Sedgwick county in, KS and that no Claims against SAP shall be brought in any other jurisdiction. I also agree that if any part of this Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that SAP has made no warranties, expressed or implied, to me beyond those, if any, contained in this Release. I acknowledge and agree SAP Staff are not responsible for any medical, hospital expenses and/or charges that are incurred in the medical treatment or hospitalization of Participant. A photocopy of this document shall have the same force and effect as the original. I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES THAT I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY.