Beginning of Aqua Park Waiver
APEX WAKE PARKS, LLC d/b/a SHARK WAKE PARK
LIABILITY WAIVER
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION,
& BINDING ARBITRATION
NOTICE – THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION
By signing this document you may be waiving certain legal rights, including the right to sue.
*AQUA PARK WAIVER*
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement; Binding Arbitration.
In consideration of being allowed to use the facilities and participate in Aqua Park and other activities (collectively the “Activities”) provided by Apex Wake Parks LLC dba Shark Wake Park (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) RISKS OF ACTIVITY: The Participant agrees and understands that taking part in the Activities and/or use of the Equipment and services provided by the Host can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Participant acknowledges and understands that the Activities and/or Equipment are inherently dangerous and fully realizes the dangers of participating in the Activities and/or use of the Equipment. The risks and dangers of the Activities and/or Equipment may arise from, but are not limited to: actual or alleged transmission of a communicable disease such as
COVID-19, water flow; currents; wakes; drowning; entanglement with natural and/or manmade debris; impacts with other individuals and/or Equipment; contact with watercraft, manmade and natural objects; weather conditions; exposure to the elements; slips and falls; equipment failure and/or defects; perils and hazards arising from marine, aquatic, and other wildlife, including, but not limited to, alligators, snakes, and insects; contaminated water; mental distress from exposure to any of the above; and the negligent act or omissions of participants and/or the Host and its employee(s), agent(s), or representative(s). The Participant acknowledges and understands that the description of the risks and dangers of the Activities and/or Equipment provided herein is not complete and that participating in the Activities and/or use of the Equipment can be dangerous and may include other risks both known and unknown;
2) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;
3) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
4) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
5) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense, including, but not limited to, that caused by the negligent act or omission, in whole or in part, of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
6) I acknowledge the AQUA PARK in unguided, and I will participate in a mandatory safety briefing session prior to the start of the course. Should I prove unwilling or unable to follow the safety rules while undertaking the AQUA PARK, I acknowledge that the Host has the right to and may immediately end my use of the AQUA PARK and have me leave the premises.
7) I acknowledge that I am required to wear a Coast Guard approved lifejacket while participating on the AQUA PARK. I am aware that guides on 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 to use the AQUA PARK and the forces exerted on my body can activate and aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that the level of participation is always completely up to the individual.
8) I am aware that once I have completed the safety briefing session, no refunds will be made for the AQUA PARK, including passes for future use of the course.
Photography/Video Release
Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
Personal Responsibility
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
Binding Arbitration
The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
IMPORTANT INFORMATION
- Each guest or an authorized guardian for children under 18 years of age must complete a SHARK WAKE PARK Release of Liability form before starting the course
- Guests must wear a USCG Personal Flotation Device (DFD) and keep it buckled and zipped at all time
- Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted
- Tobacco and alcohol are not permitted
- No refunds will be granted
- Anyone who appears to be under the influence of drugs or alcohol may not participate in the AQUA PARK
- Pregnant women are prohibited from going on the AQUA PARK
- Shark Wake Park reserves the right to remove anyone who disregard the safety rules. There will be no refunds if such action is required.
- Shark Wake Park reserves the right to close the AQUA PARK without refund at any time due to inclement weather deemed unsafe for guests and staff
- Shark Wake Park may not be held responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the AQUA PARK to retrieve a lost item!
[SIGNATURE PAGE TO FOLLOW]
In signing this Liability Waiver, I hereby acknowledge that I have read this entire document, that I understand its terms, that I am waiving certain legal rights including, but not limited to, the right to sue, that I have signed it knowingly and voluntarily, and that I intend it to bind me and, as applicable, the minor Participant, and anyone claiming on behalf of me or the minor Participant.
End of Aqua Park Waiver
Beginning of Wake Park Waiver
APEX WAKE PARKS, LLC d/b/a Shark Wake Park
LIABILITY WAIVER
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION,
& BINDING ARBITRATION
Notice – This Agreement is Subject to Binding Arbitration
By signing this document you may be waiving certain legal rights, including the right to sue.
*WAKE PARK WAIVER*
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement; Binding Arbitration
In consideration of being allowed to use the facilities and participate in Waterski/Wakeboard Cable Park and other activities (collectively the “Activities”) provided by Apex Wake Parks LLC dba Shark Wake Park (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) Risks of Activity: The Participant agrees and understands that taking part in the Activities and/or use of the Equipment and services provided by the Host can be hazardous and involves the risk of physical injury and/or death. The Participant acknowledges and understands that the Activities and/or Equipment are inherently dangerous and fully realizes the dangers of participating in the Activities and/or use of the Equipment. The risks and dangers of the Activities and/or Equipment may arise from, but are not limited to: actual or alleged transmission of a communicable disease such as
COVID-19, water flow; currents; wakes; drowning; entanglement with natural and/or manmade debris; impacts with other individuals and/or Equipment; impact with manmade and natural objects; weather conditions; exposure to the elements; slips and falls; equipment failure and/or defects; perils and hazards arising from marine, aquatic, and other wildlife, including, but not limited to, alligators, snakes, insects, and plants; contaminated water; mental distress from exposure to any of the above; and the negligent act or omissions of participants and/or the Host and its employee(s), agent(s), or representative(s). The Participant acknowledges and understands that the description of the risks and dangers of the Activities and/or Equipment provided herein is not complete and that participating in the Activities and/or use of the Equipment can be dangerous and may include other risks both known and unknown;
2) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;
3) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
4) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
5) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense, including, but not limited to, that caused by the negligent act or omission, in whole or in part, of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Photography/Video Release
Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
Personal Responsibility
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
Binding Arbitration
The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant’s participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
[SIGNATURE PAGE TO FOLLOW]
In signing this Liability Waiver, I hereby acknowledge that I have read this entire document, that I understand its terms, that I am waiving certain legal rights including, but not limited to, the right to sue, that I have signed it knowingly and voluntarily, and that I intend it to bind me and, as applicable, the minor Participant, and anyone claiming on behalf of me or the minor Participant.
End of Wake Park Waiver