In considerations of participating in Water Activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Jackson Lake Campground & Park, LLC, property owner, Betty K. Young, Jackson Lake Adventure Park or Jackson Lake Aqua Park, it’s owners and its owner’s assigns, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
I acknowledge that the participating in water activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death and property damage, risks include but are not limited to, broken bones, torn ligaments, drowning caused or resulting from physical activity despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that the event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation on this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentions conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
In consideration of the privilege of being permitted to participate in any way in the lake activities, and the services, food, and alcoholic beverages if any, arranged for me by Releasees I have and do hereby assume all of the above risks, and release, and will hold harmless Releasees, its agents, employees, associates, and associated companies, or any other person from any and all liability, actions, causes of action, debts, claims, and demands of every kind and nature whatsoever which I now have or which may arise out of or in connection with my participation. I further give permission for use or sale of any photograph or video (including live webcam) showing me without further compensation to me. The term hereof shall serve as a release, contract, indemnification (payment of all court and other legal costs if I, my heirs, or assigns lose in a court action), indemnification by parents or guardians (reimbursement of awards and legal fees in a winning suit brought by the minor, signing parent, or other parent), and assumption of risks for my heirs, executors and administrations and for all members of my family, including any minors accompanying me.
I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
I have read and understand the rules, including safety related rules, and agree to comply with all regulations. Failure by others to enforce my adherence to the rules does not negate my responsibility to follow the rules.
This is a public area in which only minimal security may be provided; the same precautions against crime should be exercised here as anywhere else. Thieves are everywhere, so we recommend you lock your valuables in the glove box or trunk of your vehicle.
In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I hereby grant Releasees, its representatives and employees, the permission to use photographs of me and/or my family, or photographs that I have taken with or without my name, for any lawful purpose, including for such purposes as but not limited to: publicity, illustration, advertising, and web content.
I HAVE READ THE ABOVE WAIVER, CONTRACT, RELEASE AND AGREEMENT AND BY SIGNING IT I AGREE THAT IT IS MY INTENTION TO EXEMPT AND RELIEVE RELEASEES’ EMPLOYEES, AND OTHER PARTICIPANTS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I AM PLAYING AT MY OWN RISK.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have read and understood this document and the Waterpark Rules and I agree to be bound by the terms of this agreement. Unless otherwise stated this agreement will remain in effect until Monday September 3rd, 2018.
I certify that I am the parent or guardian with legal responsibility for the above signed participant and agree to his/her re- lease. I have discussed the risks with my child and my child fully understands the risks. I certify that he/she is of such an age and has the knowledge to understand the risks involved. I also agree to indemnify (pay all court and other legal costs if I, my heirs, or assigns lose in a court action) the above named companies and individuals from all liabilities resulting from his/her participation in these activities for myself, my heirs, assigns, and next of kin.