WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY, THIS AFFECTS YOUR LEGAL RIGHTS
Event Date: Aug 30th, 2025
Event: Splash Days Pool Party
Organizer: Ryan Oh Presents LLC dba Splash Days
1. ASSUMPTION OF RISK & RELEASE
In consideration of being allowed to participate in the Splash Days Pool Party (“Activity”), I, the undersigned, for myself, my heirs, executors, administrators, assigns, or personal representatives (collectively, “Releasor,” “I,” or “me”), knowingly and voluntarily enter into this Waiver and Release of Liability.
I acknowledge that participation in the Activity involves certain inherent risks, including but not limited to: physical or psychological injury, illness, drowning, pain, suffering, temporary or permanent disability, disfigurement, economic or emotional loss, property damage, or death. These may result from my own actions, inactions, or negligence, the actions of others, the conditions at the venue, or transportation to and from the Activity. I voluntarily assume all such risks, known or unknown.
I hereby release, waive, and forever discharge Ryan Oh Presents LLC (dba Splash Days), its Board of Directors, owners, promoters, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, assigns, and any third-party venue partners (collectively, “Releasees”) from any and all liability, claims, or causes of action of any kind arising out of or related to my participation in the Activity, whether caused by negligence or otherwise.
2. MEDICAL TREATMENT
I authorize Splash Days and its agents to administer or seek emergency medical treatment if necessary, including first aid, CPR, AED use, and emergency transport. I agree to be financially responsible for any resulting costs. I understand that I should carry my own health insurance.
3. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, suits, actions, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of my participation in the Activity or resulting from my acts, omissions, or willful misconduct.
4. ALCOHOL & SUBSTANCE USE
I acknowledge that alcohol may be present or served during the Activity. I am solely responsible for my behavior and safety related to alcohol or substance use. I will not participate if impaired or under the influence of illegal substances and accept all consequences arising from such use.
5. SWIMMING & POOL SAFETY
I understand and accept the inherent risks associated with pool areas and swimming activities, including slipping, falling, injury, and drowning. I take full responsibility for my conduct in or around any body of water at the event.
6. PHOTO & MEDIA RELEASE
I grant Sponsor the unrestricted, irrevocable right to capture, use, and distribute my image, voice, or likeness in any format for promotional or commercial purposes, without compensation. I waive any right to inspect or approve the final use.
7. THIRD-PARTY VENUE LIABILITY
I understand this Activity may be held at a third-party venue not owned or operated by Splash Days. I release the Sponsor from any liability related to venue conditions, operations, or personnel.
8. GENERAL TERMS
This Agreement shall be governed by the laws of the State of Texas.
Any legal action arising from this Agreement shall be brought exclusively in Williamson County, Texas.
Before pursuing litigation, the parties agree to attempt to resolve disputes through good-faith mediation in Travis or Williamson County. Mediation costs shall be shared equally.
This Agreement supersedes all prior oral or written agreements related to the Activity.
No oral modifications shall be valid.
If any provision is found invalid or unenforceable, the remainder shall remain in effect.
I agree to be financially liable for any damage caused by me, my family, or my agents to property or facilities as a result of willful actions, neglect, or recklessness.
This Release remains in effect for the duration of my participation in this and any related events.
9. ELECTRONIC SIGNATURE CONSENT
By signing this document electronically, I agree that my electronic signature is the legal equivalent of my manual/handwritten signature and has the same full force and effect as if I had signed this document in person. I understand and agree that my electronic signature is legally binding under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and applicable state laws. I further agree that no certification authority or other third-party verification is necessary to validate my electronic signature.
10. AFFIRMATION: I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.