INFORMED CONSENT AND ACKNOWLEDGMENT OF RISK FORM
“the Participant” means the person named in this form and includes any children or adults with cognitive disabilities that they may add to the form and any parent or guardian signing the form on their behalf.
“the Operators” means Sblash Aqua Park, Graiglwyd Road, Penmaenmawr, Conwy, LL34 6ER. THE PARTICIPANT ACKNOWLEDGES THAT:
The Operators operate a lake based Aqua Park at the above address. “the Facilities” use of which is subject to the rules, terms and conditions and fees that may be established from time to time.
The Facilities comprise, amongst other things, inflatable aqua park challenge/ assault courses, paddleboard/ kayak hire and include all access ways, docks, jetties, shower/ toilet block, reception/ changing rooms and the land in the immediate vicinity of such facilities forming the Operators site.
The activities offered are designed to pose challenges for the Participant. The enjoyment and benefits derived from outdoor water activities is, in part, a result of risks inherent in those activities. While the Operators strive to manage risk, it is neither possible or desirable to eliminate all risk.
No part of this document constitutes an agreement or contract, it is simply a consent form and acknowledgment of risk on the part of the Participant.
THE PARTICIPANT ACKNOWLEDGES THAT HE, SHE OR THEY ARE ATTENDING AN EXTREME SPORTS VENUE AND THAT WATER SPORTS OF THE NATURE PROVIDED BY THE OPERATORS ARE INHERENTLY DANGEROUS ACTIVITIES AND ACCEPTS THAT HE, SHE OR THEY MAY BE EXPOSED TO RISKS AND DANGERS WHICH MAY OR MAY NOT BE FORSEEN OR KNOWN ABOUT AND WHICH MAY OR MAY NOT BE CAUSED BY FELLOW PARTICIPANTS BUT WHICH CAN CAUSE SERIOUS INJURY OR DEATH.
Acknowledgment of Risks and assumption of full responsibility
The Participant acknowledges that such risks include, but are not limited to, drowning, colliding with the shore or lake bed or submerged/ floating objects or debris; colliding with or otherwise becoming entangled in anchor ropes or handles; extreme physical stress of being flung across the water or equipment at high speed and falling from height; banging of heads or otherwise being struck by other participants and/ or their equipment; wildlife and fish bites or attacks and the potential for contracting illnesses from water borne bacterias/ viruses/ algae and the like.
The Participant further acknowledges that this is a water park in a natural environment and will expect the docks, bank side and walk ways/ access ways to be wet and potentially slippery at most times.
The Participant further acknowledges that there are numerous natural trip hazards around the facility including but not limited to exposed tree roots, loose ground and uneven lake bank side.
Typical injuries can include cut feet and fingers, grazes, abrasions, bleeding, broken bones, strains, sprains, rashes, dislocated joints but more severe injuries/ incidences could potentially occur such as loss of consciousness, cardiac arrest and drowning.
The Participant further acknowledges that the lakes are natural environment that can be very deep in places and shallow in others. As a result of this understanding and appreciation of the great risks involved with these activities, the Participant assumes and bears full responsibility and sole liability for any death, bodily injury, illness or other losses or property damage occurring on at the Facility or from the use of the facilities that are sustained by the Participant.
The Participant further acknowledges that they are fully aware that severe social and economic loss may result from the actions/ inactions of the Participant and fellow participants while engaged in the activity/ activities and agrees to bear full responsibility therefor, including full responsibility for injuries caused by them but sustained by other people.
The Participant hereby fully and irrevocably indemnifies the Operators in respect of any damage, loss or third party injury sustained at the Facility and caused by their negligence or recklessness.
Certification of Ability and Physical Condition to Participate Under Control.
The Participant warrants that he or she is above the stipulated minimum age and height for the activity (and where necessary will be accompanied by a supervising adult), is a competent swimmer and has the requisite strength and understanding to be able to undertake the activities in which they are to participate. The Participant warrants that they will behave in a responsible and non-reckless manner at all times and be mindful of their own physical condition, capabilities and limitations.
Participants are reminded that nearly all aqua park accidents are caused by customer recklessness but that freak accidents can and do happen. Participants are further reminded that those who are overweight or over 35 years will not be as supple as they once were and are at heightened risk, which can be mitigated to some extent by using grip socks on the aqua park or suitable footwear.
The Participant warrants that he or she will carefully inspect the Premises and the Facility prior to participating and upon inspection of the Facility and equipment used, will immediately report any unsafe or defective condition.
The Participant agrees to follow the Operators rules and safety briefing and understands that he, she or they have been advised to wear a wetsuit and necessary safety equipment at all times. Participants signing on behalf of other Participants warrant that they are solely responsible for ensuring that those other Participants understand the rules and safety briefing. Participants may bring and use their own kit, entirely at their own risk. Participants who are pregnant, have back problems, heart conditions or who have previously suffered joint dislocations are at greater risk and are advised not to participate. Any medical conditions must be advised to staff prior to participation.
Photo Release
The Participant grants the Operators the permission to photograph, video or audio record the participant whilst on the Premises or using the facilities and grants the Operators the perpetual right to use and reproduce, for any purpose and without compensation any photographs, digital or electronic images, audio recordings, movies or videos taken of the Participant while at the Premises.
I HAVE READ THE ABOVE TERMS. I UNDERSTAND THAT I AM VOLUNTARILY ASSUMING ALL RISK FOR THE ABOVE ACTIVITIES AND IN RESPECT OF THE CONDITION OF THE PREMISES AND THE FACILITIES AND THAT I HAVE SIGNED THIS FORM VOLUNTARILY.
I AGREE THAT THIS DOCUMENT WILL REMAIN VALID FOR UP TO 12 MONTHS (AND BEYOND IF I FAIL TO SIGN A NEW ONE BUT I/ WE CONTINUE TO PARTICIPATE) AND WILL FORM THE BASIS FOR ALL ACTIVITIES UNDERTAKEN BY THE PARTICIPANT AT THE PREMISES DURING THAT PERIOD. I AUTHORISE THE OPERATORS TO SEEK ON EITHER MINE OR MY CHILDS BEHALF ALL REASONABLE MEDICAL AND SURGICAL CARE THAT MAY BE NECESSARY AS A RESULT OF ANY INJURY SUSTAINED WHILE AT THE FACILITY.
I ACKNOWLEDGE THAT THE OPERATORS ARE RELYING UPON THE ACKNOWLEDGMENTS AND WARRANTIES I HAVE GIVEN HEREIN IN PERMITTING ME OR US TO PARTICIPATE.
IF A COURT FINDS THAT ANY PROVISION HEREIN IS ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE, SUCH PROVISION MAY BE SEVERED FROM THIS DOCUMENT WITHOUT AFFECTING ANY OTHER PROVISIONS WHICH WILL CONTINUE TO HAVE FULL FORCE AND EFFECT.
THIS DOCUMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES.