An Electronic Waiver will be available to sign at checkout.
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PARTICIPANT WAIVER AND RELEASE OF LIABILITY
In consideration of the opportunity to participate in the Jungle Float – Mobile Floating Water Park (hereinafter the “Jungle Float”), whose registration process requires me to accept this agreement, I hereby agree to the following Waiver and Release of Liability (the “Agreement”):
1. Waiver and Release of Liability: My participation in the Jungle Float is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, the “Risks”). Accordingly, I agree to the following:
a. I hereby release and hold harmless Splash Island, LLC (hereinafter, the “Company”), its officers, directors, employees, agents, volunteers, vendors, any business hired by the Company and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever
arising from, related to, or resulting from these Risks (collectively, the “Claims”), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. I recognize the physical exertion involved in the Jungle Float and attest and certify that I am physically fit to compete safely, and I have not been advised otherwise by a health care professional. I hereby understand and consent that the Company reserves the sole right to prohibit the use of the Jungle Float to anyone that the Company determines is not safe to participate.
c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Jungle Float, including those sustained on the premises where the Jungle Float is conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any ther party asserting a Claim on my behalf or on behalf of my estate.
2. General Provisions:
a. Scheduling of Events is subject to change and weather conditions.
b. I understand and hereby agree that there is s strict NO REFUND policy. However, in the event of severe weather conditions, as determined within the sole discretion of the Company, my scheduled activity may be rescheduled.
c. The use of alcohol or any drugs, during or prior to participation in the Jungle Float is strictly prohibited. If suspected of being under the influence of any alcohol or drug as determined in the sole discretion of Company, the Company reserves the right to prevent participation in the Jungle Float.
d. I hereby agree to follow all safety rules and if I do not follow any rules, the Company has the sole discretion to prevent or cease my further participation in the Jungle Float, and no refund shall be given.
e. I hereby expressly agree to the following: (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions; and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts located in Kalamazoo, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
f. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
g. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Jungle Float.
Dated: _________________________ /s/__________________________
(Parent or Legal Guardian if Individual is a Minor)