Release of liability for customers age 18 and older
Note 1: If the Participant is under 18 years old the Participant’s parent or guardian must sign on their behalf.
Note 2:A signature on the below signature line denotes acceptance of all of the following items.
In consideration of the mutual covenants herein, and other valuable consideration, receipt of which is hereby acknowledged by Pembrokeshire Wake Park Ltd (“the Operators”) the Participant and (if under the age of 18 years) his or her parent/legal guardian (collectively called the “Participant”) enter into this agreement with the Operators on the date this agreement was signed above:-
WHEREAS:
The Operators operate a cable wakeboard park, aqua park and other watersports activities on man made lakes and other activities on the surrounding area at Pembrokeshire Wake Park (“the Premises”). All activities are subject to rules, terms and conditions and fees that may be established from time to time by the Operators. 2. Minimum Age for Participants wakeboarding is 8 years old, for ringo rides is 6 years old and for the aqua park is 6 years old.
THE PARTICIPANT IS AWARE AND UNDERSTANDS THAT WATER SPORTS AND CABLE PULLED WATER SPORTS ARE INHERENTLY DANGEROUS ACTIVITIES AND ACCEPTS THAT HE OR SHE MAY BE EXPOSED TO RISKS AND DANGERS WHICH MAY OR MAY NOT BE FORESEEN OR KNOWN ABOUT BUT WHICH CAN CAUSE SERIOUS INJURY OR DEATH.
1.0 Cable Park (cable equipment pulling participants through the water)
Acknowledgment of Risks and Assumption of Full Responsibility.
The participant acknowledges that such risks include, but are not limited to drowning, falling, colliding with the shore/Island, Lake side trees/vegetation, lily pads or submerged or floating objects/debris/anchor ropes/presence of insects/bacteria/algae/fish and amoebas in the water, becoming entangled in the rope or handle, extreme physical stress from being pulled across the water by the cable facilities at high speeds which may be at twice the cable speed, jumping high into the air, flipping, and riding over manmade and natural objects, jump ramps, sliders, buoys, and other obstacles, being struck by other riders or the handle, equipment injuries, breaking of wakeboards and wake skates, trip hazards located on the land, dock area and clubhouse and the potential for contracting waterborne and airborne diseases/infections and/or viruses such as Weils disease, Ecoli, COVID-19 etc.
2.0 Aqua Park (an inflatable course on a body of water)
Acknowledgment of Risks and Assumption of Full Responsibility.
The participant acknowledges that such risks include, but are not limited to drowning, falling, colliding with the shore, Lake side trees/vegetation, lily pads or submerged or floating objects/debris/anchor ropes/presence of insects/ bacteria/algae/fish and amoebas in the water, becoming entangled in rope, extreme physical stress, jumping or sliding from height into the air and water and moving over manmade and natural objects, the aqua park features, buoys, and other obstacles, being struck by other participants or equipment injuries, trip hazards located on the land, aqua park area and premises and the potential for contracting waterborne and airborne diseases/infections and/or viruses such as Weils disease, Ecoli, COVID-19 etc.
As a result of the understanding and appreciation of the great risks involved with these activities (as outlined in point 1.0 and 2.0), the Participant agrees to assume and bare full responsibility and sole liability for any death, injury, illness or other losses or property damage (including parked vehicles) occurring on the premises or from the use of the cable facilities and/or aqua park that are sustained by the Participant. The Participants also acknowledges the he or she is fully aware that severe social and economic loss may result from the action or inactions of the Participant while engaged in this activity and agrees to bare full responsibility.
3.0 Certification of Ability and Physical Condition/ Participate or Ride Under Control
You as the participant certify to the Operator that you are of good physical and mental health, you are not suffering from any condition, disease, or disablement that would or could affect your participation in the activity and have declared any medical condition(s) to a member of the Operators staff. You the Participant will not use the Operators facilities under the influence of drugs or alcohol and will not eat or drink heavily at least 30 minutes before entering the water. You the participant further certifies to the Operators that you are above 8 years of age for wakeboarding or 6 years of age for ringo rides and the aqua park, are able to swim 25m unaided and are a minimum of 1.1m in height, has the requisite skill, strength and understanding to be able to navigate the inflatable course or be pulled by the cable facilities for wakeboarding, wake-skating or ringo rides and other such related activities. The participant certifies that they have carefully inspected and are familiar with the Premises, cable facilities and/or aqua park finds them safe and suitable for participant’s purposes and upon inspection of the cable facilities and/or aqua park and equipment used, will immediately report any unsafe or defective condition. The Participant agrees to act in a safe, responsible and controlled manner, partaking within his or her limits and agrees to be compliant with all notices, rules or instructions published or displayed and to follow any instructions given by the Operators staff. The Participant using the cable facilities for wakeboarding or wake-skating understands that he or she has been advised to wear a helmet and buoyancy aid at all times and agrees to steer clear of obstacles over which he or she does not intend to ride, letting go of the handle if their path is obstructed. The Participant using the cable facilities for ringo rides understands that he or she has been advised to wear a buoyancy aid at all times and agrees to steer clear of obstacles at all times. The Participant using the Aqua Park facilities understands that he or she has been advised to wear a buoyancy aid at all times and agrees to not dive under the floating modules. Participants may bring and use their own kit, entirely at their own risk.
4.0 Covenant not to Sue and Agreement to Indemnify the Operators.
The Participant, on behalf of himself/herself and his or her heirs and personal representatives hereby covenants not to bring any claim for death, injury or any other loss whatsoever (including costs) and without limitation (save in respect of negligence based claims) against the Operators, directors, their staff and landlords or to execute upon any judgment against them and releases them from the liability for any such claims and specifically agrees to fully indemnify the Operators, directors, staff and landlords against any and all losses or legal costs (including wasted costs) and damages or compensation payments that they may incur in defending any such claim instigated by or on behalf of the Participant or his or her estate including, for the avoidance of doubt, any negligence based claim.
5.0 Photo Release.
The Participant grants the Operators the permission to photograph, video and audio record the participant whilst on the Premises or using the cable facilities and/or aqua park and grants the Operators the perpetual right to use and reproduce, for any purpose and without compensation to the Participant, any photographs, digital or electronic images, audio recordings, movies or videos taken of the Participant whilst at the Premises.
6.0 DATA USAGE.
The Participant consents to the use of data (except data relating to health) given for the purpose of monitoring the use of watersports facilities and for use by Pembrokeshire Wake Park Ltd only.
7.0 REFUNDS.
No undertaking is given as to the suitability of the weather. If you are asked to leave the water due to weather conditions Pembrokeshire Wake Park Ltd will endeavour to reschedule your watersports activity. Monies paid cannot be refunded.
I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT I AM VOLUNTARILY ASSUMING ALL RISK FOR THE ABOVE ACTIVITIES AND IN RESPECT OF THE CONDITION OF THE PREMISES, THE CABLE FACILITIES AND/OR THE AQUA PARK THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND THAT I HAVE SIGNED THE AGREEMENT VOLUNTARILY. I WARRANT THAT THE PARTICIPANTS BIRTHDATE STATED ABOVE IS TRUE. I AGREE THAT THIS AGREEMENT WILL REMAIN VALID FOR UP TO 12 MONTHS (AND BEYOND IF I FAIL TO SIGN A NEW ONE BUT CONTINUE TO RIDE) AND WILL FORM THE BASIS FOR ALL PARTICIPATION DONE BY THE PARTICIPANT AT THE PREMISES DURING THAT PERIOD. I AUTHORISE THE OPERATORS TO SEEK ON EITHER MINE OR MY CHILD’S BEHALF ALL REASONABLE MEDICAL AND SURGICAL CARE THAT MAY BE NECESSARY AS A RESULT OF ANY INJURY SUSTAINED WHILE AT PEMBROKESHIRE WAKE PARK LTD. I HAVE SIGNED IN ACCEPTANCE OF ALL OF THE ABOVE TERMS.
Release of liability for customers age 17 and younger
Note 1: If the Participant is under 18 years old the Participant’s parent or guardian must sign on their behalf.
Note 2:A signature on the below signature line denotes acceptance of all of the following items.
In consideration of the mutual covenants herein, and other valuable consideration, receipt of which is hereby acknowledged by Pembrokeshire Wake Park Ltd (“the Operators”) the Participant and (if under the age of 18 years) his or her parent/legal guardian (collectively called the “Participant”) enter into this agreement with the Operators on the date this agreement was signed above:-
WHEREAS:
The Operators operate a cable wakeboard park, aqua park and other watersports activities on man made lakes and other activities on the surrounding area at Pembrokeshire Wake Park (“the Premises”). All activities are subject to rules, terms and conditions and fees that may be established from time to time by the Operators. 2. Minimum Age for Participants wakeboarding is 8 years old, for ringo rides is 6 years old and for the aqua park is 6 years old.
THE PARTICIPANT IS AWARE AND UNDERSTANDS THAT WATER SPORTS AND CABLE PULLED WATER SPORTS ARE INHERENTLY DANGEROUS ACTIVITIES AND ACCEPTS THAT HE OR SHE MAY BE EXPOSED TO RISKS AND DANGERS WHICH MAY OR MAY NOT BE FORESEEN OR KNOWN ABOUT BUT WHICH CAN CAUSE SERIOUS INJURY OR DEATH.
1.0 Cable Park (cable equipment pulling participants through the water)
Acknowledgment of Risks and Assumption of Full Responsibility.
The participant acknowledges that such risks include, but are not limited to drowning, falling, colliding with the shore/Island, Lake side trees/vegetation, lily pads or submerged or floating objects/debris/anchor ropes/presence of insects/bacteria/algae/fish and amoebas in the water, becoming entangled in the rope or handle, extreme physical stress from being pulled across the water by the cable facilities at high speeds which may be at twice the cable speed, jumping high into the air, flipping, and riding over manmade and natural objects, jump ramps, sliders, buoys, and other obstacles, being struck by other riders or the handle, equipment injuries, breaking of wakeboards and wake skates, trip hazards located on the land, dock area and clubhouse and the potential for contracting waterborne and airborne diseases/infections and/or viruses such as Weils disease, Ecoli, COVID-19 etc.
2.0 Aqua Park (an inflatable course on a body of water)
Acknowledgment of Risks and Assumption of Full Responsibility.
The participant acknowledges that such risks include, but are not limited to drowning, falling, colliding with the shore, Lake side trees/vegetation, lily pads or submerged or floating objects/debris/anchor ropes/presence of insects/ bacteria/algae/fish and amoebas in the water, becoming entangled in rope, extreme physical stress, jumping or sliding from height into the air and water and moving over manmade and natural objects, the aqua park features, buoys, and other obstacles, being struck by other participants or equipment injuries, trip hazards located on the land, aqua park area and premises and the potential for contracting waterborne and airborne diseases/infections and/or viruses such as Weils disease, Ecoli, COVID-19 etc.
As a result of the understanding and appreciation of the great risks involved with these activities (as outlined in point 1.0 and 2.0), the Participant agrees to assume and bare full responsibility and sole liability for any death, injury, illness or other losses or property damage (including parked vehicles) occurring on the premises or from the use of the cable facilities and/or aqua park that are sustained by the Participant. The Participants also acknowledges the he or she is fully aware that severe social and economic loss may result from the action or inactions of the Participant while engaged in this activity and agrees to bare full responsibility.
3.0 Certification of Ability and Physical Condition/ Participate or Ride Under Control
You as the participant certify to the Operator that you are of good physical and mental health, you are not suffering from any condition, disease, or disablement that would or could affect your participation in the activity and have declared any medical condition(s) to a member of the Operators staff. You the Participant will not use the Operators facilities under the influence of drugs or alcohol and will not eat or drink heavily at least 30 minutes before entering the water. You the participant further certifies to the Operators that you are above 8 years of age for wakeboarding or 6 years of age for ringo rides and the aqua park, are able to swim 25m unaided and are a minimum of 1.1m in height, has the requisite skill, strength and understanding to be able to navigate the inflatable course or be pulled by the cable facilities for wakeboarding, wake-skating or ringo rides and other such related activities. The participant certifies that they have carefully inspected and are familiar with the Premises, cable facilities and/or aqua park finds them safe and suitable for participant’s purposes and upon inspection of the cable facilities and/or aqua park and equipment used, will immediately report any unsafe or defective condition. The Participant agrees to act in a safe, responsible and controlled manner, partaking within his or her limits and agrees to be compliant with all notices, rules or instructions published or displayed and to follow any instructions given by the Operators staff. The Participant using the cable facilities for wakeboarding or wake-skating understands that he or she has been advised to wear a helmet and buoyancy aid at all times and agrees to steer clear of obstacles over which he or she does not intend to ride, letting go of the handle if their path is obstructed. The Participant using the cable facilities for ringo rides understands that he or she has been advised to wear a buoyancy aid at all times and agrees to steer clear of obstacles at all times. The Participant using the Aqua Park facilities understands that he or she has been advised to wear a buoyancy aid at all times and agrees to not dive under the floating modules. Participants may bring and use their own kit, entirely at their own risk.
4.0 Covenant not to Sue and Agreement to Indemnify the Operators.
The Participant, on behalf of himself/herself and his or her heirs and personal representatives hereby covenants not to bring any claim for death, injury or any other loss whatsoever (including costs) and without limitation (save in respect of negligence based claims) against the Operators, directors, their staff and landlords or to execute upon any judgment against them and releases them from the liability for any such claims and specifically agrees to fully indemnify the Operators, directors, staff and landlords against any and all losses or legal costs (including wasted costs) and damages or compensation payments that they may incur in defending any such claim instigated by or on behalf of the Participant or his or her estate including, for the avoidance of doubt, any negligence based claim.
5.0 Photo Release.
The Participant grants the Operators the permission to photograph, video and audio record the participant whilst on the Premises or using the cable facilities and/or aqua park and grants the Operators the perpetual right to use and reproduce, for any purpose and without compensation to the Participant, any photographs, digital or electronic images, audio recordings, movies or videos taken of the Participant whilst at the Premises.
6.0 DATA USAGE.
The Participant consents to the use of data (except data relating to health) given for the purpose of monitoring the use of watersports facilities and for use by Pembrokeshire Wake Park Ltd only.
7.0 REFUNDS.
No undertaking is given as to the suitability of the weather. If you are asked to leave the water due to weather conditions Pembrokeshire Wake Park Ltd will endeavour to reschedule your watersports activity. Monies paid cannot be refunded.
I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT I AM VOLUNTARILY ASSUMING ALL RISK FOR THE ABOVE ACTIVITIES AND IN RESPECT OF THE CONDITION OF THE PREMISES, THE CABLE FACILITIES AND/OR THE AQUA PARK THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND THAT I HAVE SIGNED THE AGREEMENT VOLUNTARILY. I WARRANT THAT THE PARTICIPANTS BIRTHDATE STATED ABOVE IS TRUE. I AGREE THAT THIS AGREEMENT WILL REMAIN VALID FOR UP TO 12 MONTHS (AND BEYOND IF I FAIL TO SIGN A NEW ONE BUT CONTINUE TO RIDE) AND WILL FORM THE BASIS FOR ALL PARTICIPATION DONE BY THE PARTICIPANT AT THE PREMISES DURING THAT PERIOD. I AUTHORISE THE OPERATORS TO SEEK ON EITHER MINE OR MY CHILD’S BEHALF ALL REASONABLE MEDICAL AND SURGICAL CARE THAT MAY BE NECESSARY AS A RESULT OF ANY INJURY SUSTAINED WHILE AT PEMBROKESHIRE WAKE PARK LTD. I HAVE SIGNED IN ACCEPTANCE OF ALL OF THE ABOVE TERMS.