INFORMED CONSENT AND ACKNOWLEDGMENT OF RISK
“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 Lincolnshire Aquapark Ltd Registered office Lincolnshire Aquapark, Grange Leisure Park, Alford road, Mablethorpe, Lincolnshire, LN12 2JH.
THE PARTICIPANT ACKNOWLEDGES THAT:
The operator operates a waterpark known as Lincolnshire Aquapark (“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 are amongst other things an inflatable Aquapark challenge/assault course and an open water swimming circuit and include access points including steps to the lake, toilet, shower and changing block including office/reception area. The facilities also comprise of the whole of the perimeter of the lake, beach and lake bank areas including the land in the immediate vicinity of such facilities forming the operator’s sites. 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 WATER SPORTS OF THE NATURE PROVIDED BY THE OPERATORS ARE INHERENTLY DANGEROUS ACTIVITIES AND ACCEPTS THAT HE OR SHE 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 viruses etc.. The Participant further acknowledges that this is a water park in a natural environment and will expect the access ways to be wet and potentially slippery
at most times. The Participant further acknowledges that there is uneven ground on site. 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 lake is a 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 participants. The Participant hereby fully and irrevocably indemnifies the Operators in respect of any damage or 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 or those in there care is above the stipulated minimum height (Aquapark and open water swimming 1.1meters) and age (Aquapark 5 years and open water swimming 7 years) and where applicable 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. The Participant warrants that he or she will carefully inspect the Premises and the Facility at either site prior to participating at that site and upon inspection of the Facility and equipment used, will immediately report any unsafe or defective condition. The participant agrees to swim in a safe appropriate manner within his or her limits and swim around the buoys, Aquapark in a safe manner whilst sticking to the designated route as detailed in the safety briefing. The Participant warrants that he or she will not jump from the top of the taller parts of the aquapark into the water or attempt flips on the trampoline when they have not been trained to do so or when other participants are in close proximity and acknowledges that such behaviour is likely to cause injury to themselves or others. The Participant agrees to follow the Operators rules and understands that he/ she has been advised to wear a wetsuit, helmet and buoyancy aid at all times. 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.
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 CHILD’S 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.