WAIVER

HELEN WATER PARK & HELEN TUBING

STATE OF GEORGIA

9917 HWY 75 N. HELEN GA. 30545

635 BRUCKENSTRASS ST HELEN, GA.

222 EDELWEISS STRASS HELEN , GA.

PHONE # 706-878-7465

Know All Men By These Presents:

That the undersigned ADULT(S) 18 or over, individually, and the undersigned RESPONSIBLE ADULT, individually and as the parent and /or guardian of the below-named CHILD/CHILDREN UNDER 18 (“Minor (S)”), have freely and voluntarily elected to enter one or more of the above-referenced premises of Water Park Properties, LLC, and utilize the services, facilities, and equipment of Helen Water Park LLC, being herein after collectively referred to as “Helen Tubing& Water Park”) by paying for admission to the water park with its waterslide and lazy river and other amenities, and /or by renting or otherwise contracting for the use of a tube for transportation and other on and off-site services, and related facilities for the purpose of “tubing” in the Chattahoochee River in or near Helen, Ga., fully understanding the possibility of a accident occurring and fully appreciating the risks inherent in such recreational activities and the fact that any and all of the ADULT(S), the responsible ADULT, and the MINOR(S) listed below and covered by this agreement may be injured as the result of such an accident ; and the undersigned ADULTS for themselves and the undersigned RESPONSIBLE ADULT for himself or herself and the MINOR(S) in question do hereby assume ALL risks and accept full and complete responsibility for any and ALL dangers or injuries of any kind or nature which may occur to the persons or property of said ADULT(S) or responsible adult or minor while on the premises of Water Park Properties, LLC, or while utilizing the aforesaid services, facilities, or equipment of Helen Tubing &Water Park-despite the fact that said ADULT(S) and Responsible ADULT(S) acknowledge and agree that the recreational activities in question entail both known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to themselves, to the MINOR(S) in question , to third parties, or to property , an such risks cannot be entirely eliminated without jeopardizing the essential qualities of the recreational activities in question.

The risks being assumed included, but not limited to the following: known or unknown medical or physical limitations or conditions of the individuals listed below; slippery walking surfaces within the Water Park so that running is Strictly prohibited and care should be taken while walking; employees and personal of Helen Tubing & Water Park, who-despite their commitment to safety-are not infallible and have difficult jobs to perform , who may be distracted, who may be unaware of or misjudge a participant’s fitness or abilities, who may misjudge the weather or other environmental conditions, and who may give incomplete warnings or instructions; equipment that may malfunction; tubes that may turnover; swimming that may be required, thus risking collision with rocks and entanglement in trees; slipping or falling may occur while attempting to stand or walk in the river or along the banks; exposure to the elements that can cause sunburn , dehydration, heat exhaustion, heat stroke and heat cramps, hypothermia, insect bites, reaction to poisonous plants, injury from rabid or otherwise dangerous animals; and accidental drowning.

ACCORDINGLY: In consideration of being allowed to enter upon the premises of Water Park Properties, LLC , and to utilize the services , facilities and equipment of Water Park LLC, and to participate in the aforesaid recreational activities, the undersigned ADULTS (if any) for themselves and their respective heirs, executors, administrators, and legal representatives, and the undersigned RESPONSIBLE ADULT for himself or herself and for his or her heirs, executors, administrators, and legal representatives, and for and on behalf of the below named Minor(S) and their heirs, executors , administrators, and legal representatives by signing and sealing this agreement do hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HELEN TUBING & WATER PARK and their respective agents, owners, officers, volunteers, participants, employees, and any and all other persons or entitles acting in any capacity or their behalf (hereinafter collectively,” INDEMNITEES”) from any and all claims, demands, causes of action, damages or extraordinary expenses (including any attorney’s fees and expenses incurred in connection with the successful enforcement of the agreement ), which are in any way connected with in the case of said ADULT(S) the presence of said individual on the premises of Water Park Properties, LLC his / her participation in any recreational activity contemplated hereby, his/her use of the equipment , services, or facilities of HELEN TUBING & WATER PARK and in the case of said responsible Adult the presence of said individual and or the MINOR(S) ON THE PREMISE OF WATER PARK PROPERTIES LLC, his/her or their participation in any recreational activities contemplated hereby, or their use of the equipment, services, or facilities of HELEN TUBING & WATER PARK –including but not limited to any such claims which allege negligent acts or omissions on the part of said INDEMNITEES.

Each of the undersigned individuals also certifies that adequate private insurance exists to cover any injury or damage that he or she –and in the case of the responsible adult any injury or damage that the below-named MINORS give Helen Water Park Properties LLC permission to take our respective photographs while tubing and release the right to the use of any such photographs by Helen Water Park LLC in ant advertisements or media publication.

In the event that any lawsuit is filed against Helen Tubing & Water Park or any of the other Indemnities by any of the undersigned Adult(S), by the responsible Adult, and or by or on behalf of the below-named Minor(S), it is further agreed that any such suit will be brought solely in the State of Georgia and that the substantive law of Georgia shall apply in that action with regard to the conflict of law rules of that State.

IT IS FURTHER AGREED by the undersigned individual’s that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this agreement the undersigned Adult(S) and the responsible Adult affirm that they have had sufficient opportunity to read this agreement; that they have read and understood it; and that they have agreed to be bound by its term; and they reaffirm their understanding that if they or any of the below-named MINOR(S) are hurt or if their property is damaged while on the premises of Helen Water Park Properties, LLC or while participating in the recreational activities contemplated hereby or while waived their rights to maintain a lawsuit against Helen Tubing & Helen Water Park or any of the other INDEMNITIES on the basic of this agreement, except for damage or injury caused by gross negligence or willful misconduct.

Timeout Warning!

All waivers have been signed

What to do next: