Ripping The Waters Customer Waiver and Voluntary Release
The individual named above & signing below (referred to as “I” or “me”) wants to participate in the Ripping The Waters aqua park water activities (the “Activity”) at Camp Dearborn, 1700 General Motors Rd. in Milford, MI 48380 provided by Ripping The Waters, LLC ., a Michigan limited liability company (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activity, whose registration requires me to accept this agreement, I agree to all the terms set forth in this agreement.
I understand and acknowledge, for myself and any minor in my care or custody, that there are certain risks involved with the Ripping The Waters activities in which I or they are about to voluntarily participate. I understand that these risks, known or unknown, anticipated or unanticipated, may result in injury, death, illness, or damage to myself, minor, others, or property, and I voluntarily agree to assume such risk and responsibility for the occurrence of any such events.
I am aware and understand that the Activities are dangerous activities and involve the risk of serious injury or death or property damage. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the Company. I recognize the physical exertion involved in the Activity and certify that I am physically fit to participate safely, and I have not been advised otherwise by a healthcare professional. I acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved and hereby agree to accept and assume all risks of injury, death, or property damage, whether caused by the negligence of the Company or otherwise.
I hereby expressly waive and release all claims, now known or later known in any jurisdiction throughout the world, against the Company and Ripping The Waters, LLC,, City of Dearborn, Camp Dearborn, as well as their respective affiliates, officers, directors, owners, employees, advertisers, and promoters (“Releasees”)., and our respective affiliates, officers, directors, members, owners, employees, advertisers, promoters, successors, and assigns (collectively, the “Released Parties”), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Released Parties or otherwise. I covenant not to make or bring any claim against the Company or any other Released Party and forever release and discharge the Company and all other Released Parties from liability under these claims.
I will defend, indemnify, and hold harmless the Company and all other Released Parties against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, incurred by the indemnified party in a final judgment, arising out or resulting from any claim of a third party related to the Activities.
I hereby grant the Company and Ripping The Waters, LLC,, City of Dearborn, Camp Dearborn, as well as their respective affiliates, officers, directors, owners, employees, advertisers and promoters (“Releasees”)., and our respective affiliates, officers, directors, members, owners, employees, advertisers, promoters, successors, and assigns (collectively, the “Released Parties” the right to use, publish, and copyright my name, picture, portrait, or likeness, testimonial, voice, video, photographic images, artwork in advertising, promoting, and publicizing Ripping The Waters products and services taken in any media and in any manner or form throughout the world in perpetuity. I agree that any picture taken of me by the Licensed Parties is owned by them.
This agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained in this agreement and supersedes all earlier and contemporaneous understands, agreements, representations, and warranties, both written and oral, with respect to the subject matter. If any term of this agreement is invalid, illegal, or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term of this agreement or invalidate or render unenforceable that term in any other jurisdiction. This agreement binds and ensures to the benefit of the Company and me and their respective successors and assigns. The laws of the land (Michigan)—without giving effect to its principles of conflicts of law—govern all matters arising out of or relating to this agreement, including its validity, interpretation, construction, performance, and enforcement. Any claim or cause of action arising under this agreement will be brought only in a court located in Jamaica and I hereby consent to the exclusive jurisdiction of those courts.
By signing, I acknowledge that I have read and understood all the terms of this agreement and that I am voluntarily giving up substantial legal rights, including the right to sue the Company.
I am the (father) (mother) (guardian) of the above-mentioned minor(s). I consent to the foregoing on behalf of such minors and personally join in the warranties and representations set forth above.
I also agree to indemnify and hold harmless the licensed parties with respect to any claims which the minor(s) may make as a result of the exercise by the licensed parties of their rights hereunder.
BY SIGNING THIS DOCUMENT I HEREBY ACCEPT AND ASSUME ALL RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS, AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED ABOVE.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY. IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, NOTWITHSTANDING, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.