PARTICIPATING IN THE ACTIVITIES AT THE OASIS AQUAPARK IS AN EXTREME SPORT AND HIGH RISK RECREATIONAL ACTIVITY, WHICH MAY RESULT IN PHYSICAL OR MENTAL INJURY, ILLNESS OR DISEASE, OR DEATH.
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY WRITING YOUR SIGNATURE BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE DISCLOSURES OF RISKS, VOLUNTARILY ACCEPT THOSE RISKS, AND AGREE TO BE BOUND BY ALL TERMS OF THIS RELEASE.
RELEASE OF LIABILITY: I, the undersigned, am using the Oasis AquaPark activities hereinafter referred to as the AquaPark, at my own risk, which I voluntarily assume. In consideration of the fee paid by me, and in full recognition of the risks involved with such equipment and structure, which risks I voluntarily assume, I, the undersigned, hereby release Oasis AquaPark and their agents, servants, and employees, officers and directors and agree to hold them harmless from any and all liability, claims, damages, actions, and causes of action whatsoever, for loss, damage, or injury to person, including death, and whether sustained by myself, my spouse, my parents, my child or children, or property, regardless of how arising, and however caused including but not limited to all kinds and degrees or extent of negligence (except willful or wanton negligence or misconduct) which Oasis AquaPark, and/or its employees may commit or be charged with, whether consisting of omission or commission, whether separately or concurrently with someone else, and sustained by me, or us, my spouse, my parents, my child or children, in connection, directly or indirectly, with the use of the recreational equipment. This release shall be binding upon heirs, my next of kin, legal representative, and me.
ACKNOWLEDGMENT OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily engage bear certain known risks and unanticipated risks that may result in claims against Releasees. However, I am making an informed choice to voluntarily accept such risks and I am personally liable and responsible for paying any claims due to personal injury which may arise as a result of the use of Oasis AquaPark, including, but not limited to:
1. The acts, omissions or in negligence in any degree of Releases, or their agents or employees,
2. The risks inherent in the Activities, including any injuries such as, but not limited to broken bones, dislocations, torn ligaments and tendons, sprains and strains, cuts to the head, body and/or limbs, torn nails, and bumps and bruises suffered while voluntarily participating
3. Latent or apparent defects or conditions of the Activities or the Facilities;
4. Improper or inadequate instruction or supervision regarding the Activities or use of the Facilities;
5. The behavior of co-participants;
6. Accidents or incidents in the Facilities, including but not limited to accidents or incidents in the wet areas, such as decks, tiled, concrete or other wet surfaces; and/or
7. First aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their agents or employees.
FIT TO PARTICIPATE: I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated may also result in injury, death, illness, or damage to me or my property. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the Activities or use of the Facilities. Further, I acknowledge that I am not purchasing or leasing the attraction, but rather, am being afforded a non-exclusive right to use the attraction. Additionally, I acknowledge that Releasees are providing recreational services.
VOLUNTARY ACCEPTANCE AND ASSUMPTION OF RISK AND RESPONSIBILITY: I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES, AND RISK FOR INJURY, DEATH, AND ILLNESS OR DISEASE OR DAMAGE to me or to my property arising from the participation in the Activities or the use of the Facilities. SIGN HERE IF YOU ARE 18+ YEARS OF AGE I HAVE READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND IT COMPLETELY, AND AGREE TO BE BOUND BY ITS TERMS. SIGN HERE IF YOU ARE THE LEGAL PARENT OR GUARDIAN I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to participate in the activities at the Oasis AquaPark the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to Acknowledgements of Risks, Releases, and Indemnity Agreements. I am signing those documents, freely, without any fraud or duress and acknowledge that I have read and understand the same. I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, AND AGREE TO BE BOUND BY ITS TERMS.
I UNDERSTAND AND ACKNOWLEDGE that I am personally liable and responsible for paying any claims for property damage to any equipment or to other property, any claims for loss of equipment or loss of use of any equipment, any claims for diminution in value of any equipment, any claims for the cost of repairing or replacing any equipment or any other claims of any kind or nature which may arise from the use of any equipment while in my possession. I further authorize Oasis AquaPark to bill any such charges or costs to my credit card or to my account, as Oasis AquaPark deems appropriate. RELEASE AND INDEMNITY: I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Releasees and all other persons or entities affiliated therewith, from any and all liability, claims, demands, actions or rights or action, which are related to, arise out of or are any way connected with the participation in the Activities or use of the Facilities, including, but specifically not limited to any and all negligence or fault of Releasees.
I UNDERSTAND THIS IS A RELEASE OF LIABILTY THAT IS VALID FOREVER, and will apply to all current and future participation in the activities or use of the Oasis AquaPark. I understand that this RELEASE OF LIABILITY will prevent me, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury or death in the event of damage, injury or death arising from participation in the Activities or use of the Oasis AquaPark.
NOT LIABLE FOR LEGAL FEES: I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY Releases, and all other persons or entities from all defense costs, including attorneys’ fees, or any other costs incurred in connection with claims for mental or bodily injury, wrongful death or property damage that may be filed by me, my child, my heirs or my estate. Such indemnity and defense obligation shall further extend to any claim, loss or lawsuit, which alleges that negligently or intentionally caused any injury, death or damage to spectators or other third parties in the course of my participation in the Activities.
ABIDING BY LAW: ENTIRE AGREEMENT, SEVERABILITY AND VENUE: I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of The Cayman Islands. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims that I may bring against the Oasis AquaPark shall be submitted to the jurisdiction of the courts of The Cayman Islands and that no claims against the Oasis AquaPark shall be brought in any other jurisdiction. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.
I acknowledge that I am required to wear the lifejacket that is provided to me while participating in any and all water related activities at the Oasis AquaPark. I am aware that guides or instructors are available to answer any questions that I may have as to proper use of the equipment. I am aware that the physical exertion required using the AquaPark and the forces exerted on the body could activate or aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that the level of participation is at all times completely up to the individual.
I acknowledge that the Oasis AquaPark is unguided, and I will participate in a mandatory safety briefing session prior to the start of the course or session. Should I prove unwilling or unable to follow the safety rules while undertaking the activities at the Oasis AquaPark, I acknowledge that Oasis AquaPark staff have the right to and may immediately end my use of the AquaPark and have me leave the premises.
I am aware that once I have completed the safety briefing session, no refunds will be made for the AquaPark, including passes for future use of the course.
I understand that as a part of my participation in this event a representative of Oasis AquaPark or any media that may be present and that my photograph may be used in promotional advertising or media coverage. This constitutes my authorization to use my image for such purposes.
SIGN HERE IF YOU ARE 18+ YEARS OF AGEI HAVE READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND IT COMPLETELY, AND AGREE TO BE BOUND BY ITS TERMS.
SIGN HERE ONLY IF YOU ARE THE LEGAL PARENT OR GUARDIAN (Must Be 18 Years Or Older To Sign)I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor.
I understand that as a condition to participate in the activities at the Oasis AquaPark the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to Acknowledgements of Risks, Releases, and Indemnity Agreements.
I am signing those documents, freely, without any fraud or duress and acknowledge that I have read and understand the same.
I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, AND AGREE TO BE BOUND BY ITS TERMS.
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Document Name: Waiver Agreement
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