Z Fun Yuma Park, LLC d/b/a Z Fun Factory and Waylon’s Water World (“hereafter collectively “ZFUN”) operates a water park, arcade, batting cages, mini golf, go-karts, and family fun facility. This Guest Release and Waiver of Liability, Assumption of Risk and Indemnity, and Covenant Not to Sue Agreement (“Waiver”) is a legally binding express statement of assumption of risk and a release and waiver of liability and indemnity agreement.
Please read this Waiver in its entirety prior to accepting its terms. If you do not agree to the terms, please do not use the facility.
By accepting this Waiver, you (“Guest”) represent and warrant that you are either: over 18 years old, or the legal guardian of the Guest who is under the age of 18 who has signed this Waiver below (“Minor Guest”) and may grant this waiver on their behalf.
In consideration of the payment of the ticket price and license to use the facilities at Z Fun Factory and/or Waylon’s Water World (collectively, the “Facilities”), I agree to the following terms and conditions on my own behalf and the Minor Guest’s behalf, as applicable:
1. Waterpark Activities. “Waterpark Activities” means any and all activities conducted within Waylon’s Water Park. I am aware that participating in the Waterpark Activities (including but not limited to the water slides, lazy river, Mat Racer, Syd’s Zone) is an inherently dangerous activity and carries certain substantial risks of physical injury, death, or property damage including, but not limited to:
Drowning and problems related to near drowning or submersion.
Collisions on slides or other equipment
Ejections and falls from slides or other equipment
Slip and falls from wet or slick surfaces
Limb and bodily injuries, including fractures, breaks or punctures.
Partial or total paralysis, heart attack or stroke
Cleaning solvents and other chemicals
Insect bites and bee stings, contaminated water
Equipment malfunction, failure or lack of safety equipment
Problems or hazards related to the consumption of alcohol or drugs
I EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH THE WATER PARK ACTIVITIES. I understand that supervision by Z FUN, its managers, agents, employees, and representatives does not and cannot guarantee guest or minor guest safety.
2. Go-Karts. I am aware that the use of the go-kart is considered a “Closed-Course Motor Sport,” and that this Waiver shall be considered a Motor Sport Liability Release under Arizona law, A.R.S. § 12-556. I am aware of the INHERENT RISKS and DANGERS associated with Motor Sport activities, and am willing and able to accept full responsibility both as a participant and a spectator, including risk of SERIOUS PHYSICAL INJURY OR DEATH.
3. All Other Activities in the Facility. I understand that the facilities are INHERENTLY DANGEROUS and that I could be risking SERIOUS PHYSICAL INJURY OR DEATH, by using the facilities. I acknowledge that my use of the Facility is entirely voluntary. I know and understand these risks that are inherent in my use of the facilities and I hereby personally assume all such risk, whether foreseeable or unforeseeable, and known and
4. I acknowledge that I understand the facility rules and regulations, that all guests, including minor guests are responsible for understanding and complying with all Facility signage, including instructions on use of the Water Park, batting cages, and go-karts. If my minor guest is participating, I also acknowledge that I have spoken to my minor guest about the Activity and that my minor guest understands and appreciates the risks of participating in the Activity, and acknowledge that my minor guest is voluntarily participating in the activity. I agree to follow all rules, procedures and instructions provided to me by Z FUN and its owners, employees, or volunteers, including all such rules, procedures, and instructions about my safety and the safety of others.
5. I acknowledge, represent, and warrant that: (a) I have no physical limitations, conditions, or disabilities of any kind whatsoever that would inhibit me from using the Facilities; and (b) I am not under the influence of alcohol or any drugs. If I am taking prescribed medication, I acknowledge, represent, and warrant that I have seen a physician and have that physician’s approval to use the Facilities while under the influence of such medication. If I believe the Activities are unsafe or that I am unable to continue in the activities, I will immediately discontinue participation in the Activities and/or inform the appropriate Z FUN employees, if appropriate.
6. IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE ACTIVITY, I AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Z Fun Yuma Park, LLC, all of their affiliated companies and subsidiaries, the land owner, and their respective insurance companies, successors in interest, managers, agents, employees, representatives, officers, directors and shareholders, and any other Guest, visitor, or person present or using the Facilities or equipment of ZFUN (each a “Released Party/ies”) FROM ANY AND ALL LIABILITY AND/OR CLAIMS for injury or death to persons or damage to property arising from participation in the Activities, INCLUDING THOSE LOSSES, INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL PASSIVE OR ORDINARY NEGLIGENCE (including the failure to take reasonable steps to protect against the risks of the Activity) OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. I intend this release to apply to claims for damages of any and all kinds, including without limitation personal, bodily, or mental injury, death, economic loss, or property damage to me, my spouse, Minor Guest, or relative.
7. I agree to fully indemnify and hold harmless each Released Party from any and all claims, and any and all costs, losses, expenses, and damages, including reasonable attorneys’ fees and cost, incurred, brought, or threatened against the Released Parties in connection with my use of the Facilities.
. I hereby agree NOT TO SUE or INSTITUTE ANY CLAIM against the Released Party in connection with my use of the facilities or any matters released or rights waived in this waiver.
9. I understand and agree that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Arizona. I agree that if any clause or provision of this waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this waiver, which shall continue to be enforceable and the parties specifically direct any such Court to amend or revise this waiver so that the intention of the parties to eliminate or reduce the liability of the Released Parties is realized to the fullest extent legally permissible.
10. I understand that the released parties do not carry or maintain health, medical, or disability insurance coverage for me. I hereby affirm that I carry and maintain medical insurance for my own benefit, or otherwise agree to arrange for payment of my own medical expenses and/or disabilities.
11. I acknowledge that I am not relying upon any oral or written representations regarding the substance of this waiver by Z FUN other than what is set forth in this waiver. This waiver is a complete integration of the essential terms of the waiver. It supersedes all prior understanding and agreements, written or oral, concerning the parties
12. I agree that this waiver shall be construed and enforced in accordance with the laws of the State of Arizona. Any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this waiver shall be instituted only in the state or federal courts of Yuma County, Arizona.