Birch Bay Waterslides Waiver
Release of Liability, Assumption of Risk, Hold Harmless & Indemnification Agreement
This is a legal document that confirms your acknowledgement of risks, releases liability, waives certain legal rights and promises to hold harmless and indemnify various entities and individuals; specifically Birch Bay Jun Yu Waterslides LLC (its owners, operators, executives, agents, officers, management and employees) DBA Birch Bay Waterslides and hereinafter referred to as so throughout the remainder of this document.
Read this agreement in its entirety and only sign it if you understand all the terms, conditions and agreements contained within.
Acknowledgements and Assumption of Risks
I am voluntarily participating in Activities at the Birch Bay Waterslides at my own risk. I understand and acknowledge that all activities in which I am about to voluntarily engage, in even under the safest conditions and supervision, bear certain known risks, as well as unanticipated risks, that could result in severe physical injury, severe mental injury, death, illness, disease or damage to me or my property.
Activities is defined to mean: being on the premises, use of the physical facilities and equipment in any way, such as but not limited to waterslides, water attractions, pools, structures, stairs, railings, platforms, decking, chairs, umbrellas, rental equipment, inner tubes, games or use of any other attraction/equipment associated with and present on the Birch Bay Waterslides premises.
I also understand and acknowledge that I am making an informed choice to voluntarily accept such risk to gain access to the Birch Bay Waterslides premises defined by all indoor and outdoor spaces thereof and specifically including, but not limited to the location at 4874 Birch Bay-Lynden Rd., Blaine WA 98230.
Risks may include, but are not limited to, the following:
Acts, omission, or negligence of Birch Bay Waterslides, (it’s owners, operators, executives, agents, officers, management and employees);
Latent or apparent defects or conditions: at the facilities, with the equipment, of the activities or on the premises;
Improper or inadequate instruction or supervision regarding the activities or use of the attractions, rides, equipment, and other facilities;
The behavior of co-participants and other guests at or on the premises;
Accidents or incidents on the premises including but not limited to accidents or incidents in wet areas, such as pool decks, stairs, railings, platforms, concrete surfaces, restrooms, or other wet surfaces;
Use or failure of common use equipment provided by the facility; included but not limited to: chairs, tables, umbrellas, inner tubes, lockers, etc;
First aid emergency treatment services rendered or failed to be rendered by Birch Bay Waterslides (its owners, operators, executives, agents, officers, management and employees).
Release of Liability and Waiver
I hereby voluntarily release Birch Bay Waterslides, its owners, employees, agents, contractors, the providers of any equipment used, and landowners from all liabilities, and causes of action, claims and demands that may arise in any way from any injury, death, loss or harm that occur to me while on the premises and also assume the risk from the actions, inactions or negligence of others.
Indemnification Hold Harmless and Indemnity Agreement
I agree to defend and hold harmless the Birch Bay Waterslides (its owners, operators, executives, agents, officers, management and employees) from any loss, liability, damage or cost I, or they, might incur due to my being on the premises or engaging in activities, whether caused by negligence of the Birch Bay Waterslides (its owners, operators, executives, agents, officers, management and employees), myself or others. I also agree not to sue or make a claim against the Birch Bay Waterslides (its owners, operators, executives, agents, officers, management and employees) for death, injuries, loss or harm that occur during my participation in the activities.
Additional Terms & Conditions
I agree to follow all park rules at the Birch Bay Waterslides as posted through-out park, listed at www.birchbaywaterslides.com, and as instructed by staff. I understand that I must be able to participate in the Activities without being a danger to myself or others. I acknowledge that failure to obey the rules, portraying negative actions, or acting in an inappropriate manner, may result in removal from the premises without reimbursement.
A decision to participate in the Activities is solely my responsibility (and my responsible guardian, if I am a minor).
Visitors with previous injuries, physical impairments, and/or existing medical conditions should consult a physician in participating in activities. All activities within the Birch Bay Waterslides premises are at your own risk. Women who are pregnant are not permitted to use the waterslides or spa
I authorize Birch Bay Waterslides to provide or obtain for me, or for the minor, such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and related transportation. Birch Bay Waterslides acceptance of a participant with a medical condition must not be interpreted as Birch Bay Waterslides acceptance of any responsibility for the management of a medical emergency or other event arising from that condition.
I understand that during the use of any Birch Bay Waterslides facilities or attractions I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me. I grant the Birch Bay Waterslides the right to use such likeness, in any manner for publicity, promotions, advertising, marketing or commercial purposes without reimbursement of any kind due to me or the need to pay me any fee whatsoever.
I agree that the purpose of this agreement is that it shall be an enforceable Release of Liability and Indemnity as broad and inclusive as permitted by Washington State Law. I agree that if any part or provision is found to be invalid or unenforceable then the remainder will continue in full force and effect.I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this agreement.
I have read and voluntarily signed this acknowledgement of risk, release, waiver, hold harmless and indemnity agreement. No oral statements or inducements have been made apart from what is in this document. I understand this is a contract that affects my legal rights and I sign it of my own free will.
If a participant is a minor, signature of parent or responsible adult is required below. In consideration for a minor child being admitted to participate in the activities I accept and agree to the contents of this agreement. I certify I have authority to sign on behalf of the minor child.
If there is an additional adult added to this waiver, I certify that I have the authority to sign on behalf of the additional adult. In consideration for an additional adult being admitted to participate in the activities I accept and agree to the contents of this agreement.
I execute this document with express consent of both myself and on behalf of the listed adults and/or minors and references to "I" or the "undersigned" shall be construed to include the listed adults and/or minors.
I acknowledge I have read and agreed to all terms of the above agreement.
This agreement shall be binding for all visits by the undersigned and/or the additional adults or minor’s visits to the premises for a minimum of three years from the date it was executed.
Electronic Signature Authorization
By applying my electronic signature to this agreement, I agree that my electronic signature is the illegally binding equivalent of my handwritten signature on paper. By electronically signing and submitting this agreement, I
Acknowledge that I have read and fully understand the terms of this agreement;
Voluntarily agree to be bound by this agreement; and
Certify that I am 18 years of age or older.