Waterpark Waiver

RELEASE OF LIABILITY

In consideration of being allowed to use the facilities and participate in the Aquatic Facilities and other activities provided by, Great Escapes Chesnut Bay RV Resort at Pirates Bay Waterpark.  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, am using Great Escapes Chesnut Bay RV Resort equipment and participating in activities including, but not limited to, the Aquatic Facilities at Pirate’s Bay Waterpark, 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 drowning and death. 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 GREAT ESCAPES RV RESORTS, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “PIRATE’S BAY WATERPARK & GREAT ESCAPES CHESNUT BAY RV RESORTS STAFF”), FROM ALL INJURIES, DAMAGES, 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 GREAT ESCAPES CHESNUT BAY RV RESORTS AND/OR GREAT ESCAPES CHESNUT BAY RV RESORTS STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS.
• I understand and acknowledge that anyone under the age of 15 must be supervised by a parent or guardian (over the age of 18) while participating in the Aquatic Facilities.  Parent or guardian is responsible for supervising minor child(ren) and making sure they follow all guidelines set forth by this agreement.
• I further agree that I am personally liable and responsible for paying Great Escapes Chesnut Bay RV Resort for any and all damage to Great Escapes Chesnut Bay RV Resort 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 Great Escapes Chesnut Bay RV Resort equipment or other Great Escapes Chesnut Bay RV Resort property, any loss of Great Escapes Chesnut Bay RV Resort equipment or loss of use of equipment, any claims for diminution in value of any Great Escapes Chesnut Bay RV Resort equipment, and/or the cost of repair or replacing any Great Escapes Chesnut Bay RV Resort equipment. I authorize Great Escapes Chesnut Bay RV Resort, at Great Escapes Chesnut Bay RV Resort’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 Great Escapes Chesnut Bay RV Resort and that some Activities are self-guided, and that I am required read and understand all posted signage prior to using or participating in any of the Activities. I understand that Great Escapes Chesnut Bay RV Resort Staff are available to answer any questions I may have regarding Great Escapes Chesnut Bay RV Resort equipment and/or proper use of such equipment. If I am unwilling or unable to follow the safety rules for the Activities, I understand and acknowledge that Great Escapes Chesnut Bay RV Resort, at Great Escapes Chesnut Bay RV Resort’s discretion, may immediately restrict my use of or participation in the Activities and/or require me to leave the Great Escapes Chesnut Bay RV Resort premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for Great Escapes Chesnut Bay RV Resort Pirate’s Bay Waterpark or the Activities.
• I also release Great Escapes Chesnut Bay RV Resort to use any and all photos taken that of me or my dependent while in Pirate’s Bay Waterpark & Great Escapes Chesnut Bay RV Resort area. I understand that these photos will be used in future marketing or may be posted to Great Escapes Chesnut Bay RV Resort website.

This Release shall be governed by the laws of the State of Alabama. I agree that any Claims I may bring against Great Escapes Chesnut Bay RV Resort shall be submitted to the jurisdiction of the courts of Cherokee County and State of Alabama and that no Claims against Great Escapes Chesnut Bay RV Resort 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 Great Escapes Chesnut Bay RV Resort has made no warranties, expressed or implied, to me beyond those, if any, contained in this Release. |Checkbox| 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.

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