WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

FOR  CITY OF CULLMAN AND CITY OF CULLMAN PARKS, RECREATION AND SPORTS TOURISM

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND DEPRIVES YOU OF THE RIGHT TO SUE THE CITY OF CULLMAN AND CITY OF CULLMAN PARKS, RECREATION AND SPORTS TOURISM AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF THIS LEGAL DOCUMENT’S CONSEQUENCE.

IN CONSIDERATION of the City of Cullman and City of Cullman Parks, Recreation, and Sports Tourism, who owns and operates numerous properties and facilities for the use and benefit of the public, hereinafter referred to as “Facilities”, allowing me to participate in any activity which includes without limitation, the water park located at the Cullman Wellness and Aquatic Center known as WildWater water park, splash pads, picnicking, swimming, nature study, use of tents/cabanas, use of recreational equipment, gymnastics/water aerobics, dancing, sightseeing, exercising, sporting event, climbing, or spectator activity, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representative, executors, administrators, successors, and assigns, do hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, hereinafter referred to as “Agreement”;

1.        I hereby represent that (i) I am in good health and in proper physical condition to participate in the activities in which the Facilities provide; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in activities; (iii) I have not been advised against activities by a health professional.  I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in activities.

2.        I understand and acknowledge the physical and mental rigors associated with the activities in which the Facilities provide and realize that such activities are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect ground conditions; water, road and surface hazards; equipment failure, inadequate safety measures; participants of varying skill levels; situation beyond the immediate control of the Facilities; disease and drowning and problems related to near drowning; fractures and punctures, vehicle accidents, lightning, briars and thorns; partial or total paralysis, explosions, snakebites, heart attack; eye injury including blindness, heat stroke, cuts and infection, strains; Cleaning solvents and other chemicals, falling limbs or trees; insect bites and bee stings, contaminated water; equipment malfunction, failure or lack of safety equipment; actions of myself, other players, judges, referees, or others; illness or injuries in remote places without medical facilities Failure or lack of communications equipment Problems or hazards related to consumption of alcohol or drugs Ejections and falls from slides or other equipment; collisions on slides or other equipment; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of other participating in activities, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damage, liabilities, losses or expenses which I incur as a result of my participation in activities.

3.        I agree to be familiar with and to abide by the Rules, Regulations, and laws established for the activities, which include without limitation the rules of operation and warning guidelines of equipment used in said activities, park rules and warnings, and local, state, and federal laws. I also accept sole responsibility for my own conduct and actions while participating in the activities, and the condition and adequacy of my equipment.

4.        I hereby grant full permission to the Facilities and/or any and all agents authorized by them to use any photographs, videotapes, motion pictures, recording and any other record of activity or events for any legitimate purpose.

5.        I hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: City of Cullman, City of Cullman Parks, Recreation & Sports Tourism, their Insurers, Promoters, Directors, Employees, Attorneys, Sponsors, Advertisers, Law Enforcement Agencies and other Public Entities providing support for the activities, and each of their respective parent, subsidiary and affiliated companies, officers, the Mayor, council members, board members, directors, partners, shareholders, members, agents, employees, representatives, and volunteers (Individually and Collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys fees) of any kind or nature (“Liability”) which may rise out of, or relate to my participation in the activities, including claims for Liability caused in whole or in part by the negligence, wantonness or other alleged misconduct of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such claim.    I further agree to defend indemnify and hold the released parties harmless from any lawsuits or claims of any liability whatsoever against the released parties by any other due to any action, inaction or omission made by me or my minor child. I understand that I will be responsible for financial payment or reimbursement to any of the released parties for any reasonable attorney’s fees, expenses, or court costs incurred by any of the released parties due to any action, inaction or omission made by me or my minor child which results in any lawsuit or claim of liability of any nature against any of the released parties.

6.        I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. My signature is relied on by the Released Parties for the engagement in activities at any venue owned or operated by the released parties. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is intended to be as broad as Alabama laws allow.

7.        Choice of Venue and Law. Any dispute arising from the interpretation or attempted enforcement of this legal document shall be litigated in the state courts of Cullman County, Alabama. This document shall be interpreted and enforced pursuant to Alabama law.

This Waiver of Legal Rights and Release of Liability, Assumption of Risk, and Indemnity Agreement is in effect from the date of signing and is continuing in nature.  

Parental Consent (required if the participant is less than 19 years of age) As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Activities. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I further certify, covenant and warrant that the signature below as Parent and/or Legal Guardian certifies that I am the Parent and/or Legal guardian of the minor and/or have the legal authority to act on behalf and enter into this Agreement for the minor and bind the minor to its terms. I acknowledge that I am signing this Agreement individually and on behalf of the minor and the Parent and/or Legal Guardian and the minor both agree to the terms hereof.