Back of Ticket Agreement And Park Attendee Release of Liability
By use of a ticket, ticket holder (“Holder”) agrees with Horizon Waterpark, LLC d/b/a Island H2O Live!, which is the owner of Island H2O Live! as well as the operator/manager of the park Premier Parks, LLC, and their successors and assigns (collectively referred to herein as “Island H2O Live!”) that Holder shall abide by all park rules and terms and conditions as they may be from time to time. Holder shall likewise cause the behavior of any minors or others for whom they are custodians, to comport their behavior to conform with same. This agreement also applies to any person at or using the park even without a ticket.
Island H2O Live! shall retain the right to revoke the license granted by this ticket, with or without cause, by tendering to the Holder any monies paid by the Holder to Island H2O Live! for the ticket, excluding any applicable service charges. Island H2O Live! reserves the right, without refund of any portion of the purchase price printed on this ticket, to revoke the license granted by this ticket and refuse admission or eject any person that the Island H2O Live! deems to be in violation of its rules or the terms and conditions.
Holder further grants to Island H2O Live! and its owners, assignees, and each of their respective agents and licensees, the unrestricted right and license to use Holder’s image, likenesses, name, voice, comments or other proprietary or public rights and that of any minor accompanying Holder, in any live or recorded broadcast, telecast, photograph, video, audio sound, audiovisual and/or other recording was taken in connection with their park attendance, and to use same in any other transmission, distribution, public performance or reproduction, in whole or in part, with or without distortion or identification, for all purposes, worldwide in perpetuity and in any and all media now or hereafter known, without consent or compensation. The rights granted herein are assignable by Island H2O Live! without notice or consideration. Likewise, Holder grants and assigns ownership and the same rights for all of those for whom Holder is parent, custodian, guardian or otherwise responsible or possesses legal rights. Holder for him/herself and those for whom responsible acknowledges and consents that certain amenities of the park will broadcast and/or transmit live or near-live imagery, video, and audio (and, perhaps, texts) of Holder and those for whom Holder is responsible, via the Internet to the World Wide Web and/or other communications channels again assigning all rights and ownership. The assignment and consents of this paragraph also apply to transmission(s) without limitation. In addition, live video, audio and picture booths may likewise be governed by specific rules of use.
Holder further acknowledges and consents to video, audio and other security surveillance at the park.
Holder consents to security searches and/or screening, including allowing Island H2O Live! and/or their designees to inspect Holder’s person (and those of any minors or persons for whom they are responsible accompanying Holder) and any bags, clothing, or other articles for security purposes, by any means.
Any dispute, claim or cause of action regarding the terms of this ticket, attendance at the park or any related activities, or sales or resales of a ticket, shall be brought (i) individually, without resort to any form of class or collective action, and without joinder or consolidation of claims of third parties, and (ii) exclusively before a single private and impartial arbitrator in a confidential, final and binding arbitration held in Kissimmee, Florida and administered by the arbitration rules chosen by the arbitrator (e.g. AAA or JAMS). The arbitrator shall have the power to award any remedies available under applicable law. Any award and any confirming judgement applies only to the arbitration in which it was awarded and cannot be further used in any other case except to enforce the award itself.
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Media Booth/Station Disclosure and Assignment of Rights
Located in the park are booths and stations that record and/or broadcast/webcast still and/or video imagery as well as audio in some instances (the “Recordings”). Guests who are over 18 are welcome to use these amenities. Guests who are under 18 years of age are also welcome to use these amenities but only with the permission of their parents or legal guardians.
Guests who use these amenities must follow all park rules—and may not act inappropriately—in so doing. These recordings may immediately be broadcast and/or webcast live and the like. They are also being recorded and stored at our discretion.
In consideration of using these amenities and nothing else, Guests (or their parents/guardians for them) hereby grant and assign full ownership of all Recordings, with all rights, title and interest therein, to Horizon Waterpark, LLC (“Horizon”), including without limitation all moral rights. As owner, Horizon may without limitation exercise any and all rights and ownership in and to the Recordings which by way of example and not limitation are:
Choose to use, display and/or broadcast/webcast (live or by recording playback) the Recordings, or not, in its sole discretion;
Use the Recordings in any way it sees fits, including as advertising;
Sell, give or dispose of the Recordings to others for consideration or no consideration;
Modify, distort, edit, combine with other materials, recordings, and/or images (including, but not limited to, in combination or conjunction with Guests’ name, or any other name or label, or no name), translate, present in a false light, include in collective works, and/or create derivative works of the Recordings in whole or in part;
Reproduce, broadcast (live/instantly or by recording), display (publicly or otherwise), transmit and/or the like, any or all of the Recordings, as well as distortions, derivations, compilations, and the like via the Internet or any other known, unknown or to be invented technology and/or medium.
Guests also hereby knowingly, voluntarily, and irrevocably waive all rights of attribution, rights of anonymity, integrity, moral rights, and any other rights in or to the Recordings, arising under the laws of the United States or under any other applicable law of this or any other country or other jurisdiction.
Horizon may likewise choose not to broadcast (live/instantly or by recording), use, maintain, or even record the Recordings and its constituent parts. No compensation or consideration other than as specified herein is owed or will be paid over or provided to Guests.
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Waiver and Release of Liability
By use of this ticket and attending the park, Holder and any persons for whom holder is the custodian (for persons under 18 years of age, the below Minor Release applies in lieu of this release) acknowledges and assumes all risks and dangers incidental to use of the Park and agrees that Horizon Waterpark, LLC d/b/a Island H2O Live!, which is the owner of Island H2O Live! as well as the operator/manager of the park Premier Parks, LLC, and their successors and assigns (collectively referred to herein as “Island H2O Live!”), as well as their owners, parents, subsidiaries, affiliates, sponsors, insurers, officers, employees, managers, shareholders, affiliated entities, agents, representatives, directors, associates, volunteers, contractors, subcontractors, successors and assigns, (collectively, “Released Parties”), shall not be responsible or liable for any personal injury and/or death, property damage, or other loss suffered as a result of the use of the park and/or resulting from the negligence of any Released Party. BY USING THE PARK, HOLDER, ON BEHALF OF HOLDER AND PERSON’S WHOM HOLDER IS CUSTODIAN OF, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT ALL THE RIGHTS, RELEASES AND WAIVERS SET FORTH IN THIS TICKET, INCLUDING ON BEHALF OF ANY PERSONS OF WHOM HOLDER IS RESPONSIBLE, HOLDER SHOULD IMMEDIATELY LEAVE THE PARK AND/OR ACCOMPANY SUCH PERSONS OUT OF THE PARK.
For the safety of all our guest and team members, we have increased all health and safety measures at Island H2O Live! Water Park. You must follow all posted instructions and instructions given by our team members while visiting.
The CDC and local health departments advise that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. There is an inherent risk of exposure to COVID-19 while in any public place where people are present. By visiting Island H2O Live! Water Park, you are voluntarily assuming all risks related to exposure to COVID-19.
* * *Minors’ Waiver and Release
NOTICE TO THE MINOR CHILD’S PARENT/GUARDIAN
PURSUANT TO SECTION 744.301, FLORIDA STATUTES
READ THIS RELEASE COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD(REN)/WARD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF THE OWNERS (HORIZON WATERPARK, LLC D/B/A ISLAND H2O LIVE!) AND OPERATORS OF ISLAND H2O LIVE! (PREMIER PARKS, LLC), INCLUDING BUT NOT LIMITED TO THEIR OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, SPONSORS, INSURERS, OFFICERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AFFILIATED ENTITIES, AGENTS, REPRESENTATIVES, DIRECTORS, ASSOCIATES, VOLUNTEERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS, USE REASONABLE CARE IN PROVIDING THESE ACTIVITIES, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THESE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY USING THE PARK YOU ARE GIVING UP YOUR CHILD(REN)’S/WARD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO USE THE PARK AND YOU HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD/WARD USE THE PARK.
In consideration of your child(ren)/ward’s(s’) who is under the age of 18 years (collectively referred to as “Child”) being permitted to use the Park, you in behalf of your minor Child acknowledge and release Island H2O Live!, its owners, operators/managers, parents, subsidiaries, affiliates, sponsors, insurers, officers, employees, managers, shareholders, affiliated entities, agents, representatives, directors, associates, volunteers, contractors, subcontractors, successors and assigns, (collectively, “Released Parties”) as described further below.
You, on behalf of your Child, understand that there are inherent risks involved in the activities undertaken at the park, including those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the Released Parties act with due care in a reasonably prudent manner (“Inherent Risks”). You understand that the Inherent Risks include, but are not limited to: (i) The failure of the Released Parties to warn me or my Child of an inherent risk; and (ii) The risk that the Child or another participant, other than the Released Parties, in the park activities may act in a negligent or intentional manner and contribute to the injury or death of my Child; and, (iii) while not an exhaustive list, such inherent risks include slipping and falling on wet and/or uneven surfaces, impacts with hard or semi-cushioned equipment, amusements/rides and decking/floors, injury from mechanical amusements/rides, injury due to water/swimming including muscular and bone injury associated with such physical activities as well as drowning, other hazards or distractions, conduct of fellow park attendees, and any incidents or accidents associated with crowds of people.
In consideration of my Child being permitted to participate in the Activity, I, on behalf of my Child, myself, and his/her parents/guardians:
unconditionally release, forever discharge, and agree not to sue the Released Parties, from and for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to any and all Inherent Risks, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract that I or my Child may or will have against the Released Parties; and
agree to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, my Child’s (or those children that I am custodian or guardian of) engagement in the activities giving rise to and those arising from any and all Inherent Risks.
I, individually, and on behalf of my Child and his/her parents/guardians, understand that this Waiver and Release shall be binding upon me, them, our family members, legal representatives, executors, heirs, next of kin, successors, beneficiaries and assigns.
This Waiver and Release is intended to be only as broad and inclusive as permitted by Florida law and Section 744.301, Florida Statutes. Any court interpreting this Waiver and Release shall construe the same as being only as broad and inclusive as permitted by Florida law and Section 744.301, Florida Statutes.
In the event of rain, Island H2O Waterpark attractions will remain open. If there is severe weather or lightning in the area, guests will be asked to exit the water until the weather passes. If the weather conditions cause all of the rides to close for a continuous 2 hours; or if the park suspends ride operation three times during the day of your visit; and you are leaving for the day – a Sunshine Ticket will be issued for a return visit during the same operating season.
To receive a Sunshine Ticket, please present your ticket stub, ticket receipt, or online proof of purchase to the Front Gate office located at the main entrance as you exit the park. Season Pass, Complimentary & 3rd Party Tickets are not eligible to receive a Sunshine Ticket.
Once rides reopen, Sunshine Tickets will no longer be issued. Sunshine Tickets will not be issued due to weather if the park closes for the day during the last 60 minutes of park operation. No cash refunds. No refunds for parking, locker rentals, cabanas or other park amenities. Please visit our Facebook and Instagram channels for up-to-date posts about full park closures.
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