This document affects your legal rights. By writing your signature below, you acknowledge that (a) you have read and understood any and all instructions and signage having to do with the Jungle Splash and Tree Walk Village attractions (the
“Attractions”); and (b) you have read and understood the disclosure of risks, voluntarily and willingly accept those risks, and agree to be bound by all terms of this Release of Liability & Indemnity Agreement.
1. Acknowledgement of Risks
I understand and acknowledge that the Attractions in which I am about to voluntarily engage bear certain known and inherent risks and unanticipated risks that could result in serious physical and/or mental injury; serious injury to head, neck, back, hips, arms, legs; illness or disease; paralysis; death; and/or other damage to me and/or my property. I understand and acknowledge those risks may result in claims against releasees. However, I am making an informed choice to voluntarily accept and assume such risks due to the thrills, excitement, and benefits of the Attractions, and I agree that the benefit of the Attractions outweigh the risks, which include, but in no way are limited to:
Jungle Splash
Participating in waterpark activities, including the children’s aquatic play structure with swings and slides, as well as the three large inflatable pools and interconnected inflatable slides, carries inherent risks.
These risks include, but are not limited to, slips, trips, and falls on wet surfaces; potential drowning; waterborne illnesses; and injuries from slides, swings, or inflatables. Additional risks involve collisions with other guests or equipment, sunburns, and heat-related illnesses. By signing this waiver, you acknowledge these risks and assume full responsibility for your participation. You further acknowledge and agree that the Jungle Splash attraction is operated by One Stop Aquatic Safety, LLC and not by any other Releasees.
Treewalk Village
Participating in Treewalk Village carries inherent risks, including but not limited to falls from heights, slips, trips, and collisions with structures or other participants. Injuries may include cuts, bruises, sprains, fractures, or more severe harm. Additional risks involve exposure to natural elements, such as insects or adverse weather. Although uncommon, serious emotional or physical injuries, illness, damage, loss, or death can occur in adventure recreational activities like these. Risks arise from falls, contact with objects, other persons, or the environment, or from movement during activities. Emotional or psychological injury or distress may also result from personal touching, whether necessary, unwelcome, inadvertent, in the preparation for participation, as well as from simple hurt feelings to panic or psychological trauma, such as fear of heights.
2. Release of Liability & Indemnity
I voluntarily release and forever discharge and covenant not to sue ESJ JI Operations LLC, , ESJ JI Leasehold, LLC, ESJ Capital Partners, LLC Jungle Island Resort, LLC, the City of Miami, Zoom Air Daytona LLC, Treetop Trekking Construction LLC, One Stop Aquatic Safety, LLC, One Stop Pool Pros, Inc., Miami Lifeguards, LLC and their respective employees, officers, directors, stockholders, agents,
successors-in-interest, and assigns (collectively, the “Releasees”) from any and all liability, claims, demands, and/or actions that are related to, arise out of, and/or are in any way connected with my active participation in the Attractions, including, but specifically not limited to, any and all negligence and/or fault of Releasees. I understand this is a release of liability that is valid forever and will apply to all current and future participation in the Attractions. I understand that this release of liability will prevent me, my child, my heirs, and my estate from bringing any action at law, suit in equity, and/or other jurisdictional proceeding, and/or making any claim for damages, injury, and/or death in the event of damage, injury, and/or death arising from participation in the Attractions. I further agree, promise, and covenant to hold harmless and to indemnify Releasees from all defense costs, including attorneys’ fees and any other costs incurred in connection with claims for mental and/or bodily injury, wrongful death, and/or property damage that may be filed by me, my child, my heirs, and/or my estate. Such indemnity and defense obligation shall further extend to any claim, loss, and/or lawsuit that alleges that I negligently and/or intentionally caused any injury, death, and/or damage to spectators and/or other third parties in the course of my participation in the Attractions.
3. Photographic Release
I hereby agree to a blanket release of all rights related to my audio and photographic image that may arise out of my participation in the Attractions I understand that this release includes any and all marketing, promotion, and/or advertising that may occur anywhere and anytime on any media as later used by Releasees. Further, I hereby grant full permission for Releasees, to record any and all of my participation, and my name and likeness in the Attractions for photos, motion pictures, TV, radio, Internet, recordings, videotapes, and other media, known or unknown, and to use them in perpetuity, no matter by whom taken and/or recorded, in any manner for publicity, promotions, advertising, trade, and/or commercial purposes, without any reimbursement of any kind due to me or the need to pay me any fee whatsoever. I agree that Releasees will be the exclusive owner of all rights, including, but not limited to, the copyrights, in and to the recordings and the results and proceeds of my participation hereunder (“Materials”). I agree that the Materials shall constitute a “work made for hire” pursuant to the United States Copyright Act. To the extent any of the Materials are not considered a “work made for hire,” I hereby assign all rights in the Materials to Releasees. Such assignment shall be deemed irrevocable and coupled with an interest.
4. Arbitration
I agree that any claim, complaint, or dispute that arises out of or relates in any way to the Attractions shall be submitted to binding arbitration to be held in Miami-Dade County, Florida and administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Mediation Procedures (“Rules”) applicable at the time the arbitration is commenced, and in accordance with the Expedited Procedures in those Rules. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this document and the arbitrability of dispute between the parties. The Arbitrator’s decision shall be final and binding upon the parties.
