AQUAFUN WATER PARK COMPREHENSIVE LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE OF CLAIMS, INDEMNITY, PRIVACY POLICY, AND TERMS OF USE

In a world where rapid change and disruptions are the new normal, we are constantly evolving to help organizations mitigate risk and achieve their financial goals. At FMC, we deliver measurable results with quality service to drive positive and sustainable change for our clients, our people, and society at large. At FMC, we are not just a service provider; we are your strategic ally in achieving success. Our identity is woven into the fabric of innovation, client-centricity, and a commitment to excellence. Join us on a journey where your goals become our mission, and success becomes a shared destination.

1. SCOPE OF ACTIVITIES COVERED

This Agreement applies to all activities offered by AquaFun, including but not limited to: • Use of slides, inflatables, climbing structures, and water-based attractions. • Access to pools, open water areas, or beaches. • Participation in special events, contests, or group activities hosted by AquaFun. • Any additional or future activities introduced by AquaFun.

2. ELIGIBILITY REQUIREMENTS

1. Age Requirements:
• This waiver must be signed by individuals aged 12 years and above.
• Participants under 12 must have their waiver signed by a parent or legal guardian.
2. Age Restrictions:
• Children under 6 years old are not permitted to enter the park. Parents and guardians are required to provide accurate and truthful information about the ages of their children.
3. Swimming Proficiency:
• The water park is exclusively accessible to individuals who are comfortable in open water and possess basic swimming skills. Non-swimmers and those uncomfortable in water should refrain from participating.
4. Parental Supervision:
• All children under the age of 12 years must be accompanied and supervised by a parent or guardian at all times.

3. ACKNOWLEDGMENT OF RISKS

3.1 Comprehensive Risk Identification
Participation in AquaFun activities involves inherent risks, including but not limited to:
• Physical Injuries: Minor injuries (cuts, bruises) and severe injuries (fractures, dislocations, spinal injuries, paralysis, or death).
• Water-Related Hazards: Drowning, secondary drowning, water inhalation, and exposure to contaminants.
• Environmental Risks: Heat exhaustion, sunburn, and injuries caused by weather changes or natural disasters.
• Equipment Malfunction: Risks due to improper use, manufacturing defects, or maintenance issues.
• Other Participants: Harm caused by collisions or negligence of other participants.
3.4 Natural Occurrences and Environmental Risks
1. Marine Creatures and Wildlife:
• AquaFun operates in natural environments where encounters with marine creatures (e.g., jellyfish, fish, crabs) or wildlife may occur. AquaFun is not liable for injuries, allergic reactions, or damages caused by such encounters.
2. Environmental Hazards:
• Participants acknowledge that unforeseen environmental hazards, including but not limited to falling branches, strong currents, or underwater debris, may pose risks. AquaFun is not responsible for damages or injuries resulting from such hazards.

4. HEALTH AND FITNESS CERTIFICATION

1. Mandatory Fitness and Health Standards:
• Participants must be in good physical and mental health to engage in AquaFun’s activities.
• Any of the following conditions, unless disclosed and approved, may result in restrictions on participation:
• Heart conditions, high blood pressure, or cardiovascular issues.
• Epilepsy, fainting spells, or other neurological conditions.
• Asthma, chronic obstructive pulmonary disease (COPD), or other respiratory issues.
• Joint, muscle, or bone injuries that impair physical mobility.
• Pregnancy, recent surgeries, or any condition that increases the risk of injury.
2. Disclosure of Medical Conditions:
• Participants are required to disclose all medical conditions, allergies, or disabilities that could affect their safety or the safety of others.
3. Failure to Disclose:
• AquaFun is not liable for injuries or complications arising from undisclosed medical conditions.
4. Authorization for Emergency Medical Treatment:
• Participants authorize AquaFun to arrange emergency medical assistance if necessary and agree to bear all associated costs.

5. PARTICIPANT OBLIGATIONS

1. Adherence to Rules and Instructions:
• Participants must follow all safety guidelines provided by AquaFun.
2. Proper Attire:
• All participants are required to wear appropriate swimwear and the provided non-slip grip socks.
3. Avoidance of Reckless Behavior:
• Participants must refrain from actions that could endanger themselves or others.

6. REFUND AND RESCHEDULING POLICY

1. No Refunds:
• All payments are non-refundable. AquaFun does not provide refunds for cancellations, no-shows, or failure to comply with park rules.
2. Rescheduling:
• Rescheduling is subject to AquaFun’s approval and availability. Requests must be made at least 48 hours in advance.
3. Weather-Related Disruptions:
• AquaFun is not liable for cancellations or interruptions caused by adverse weather conditions. No refunds or compensation will be provided in such cases.

7. MEDIA AND CONTENT RELEASE

1. Consent for Media Use:
• Participants grant AquaFun the right to capture and use photographs, video recordings, and testimonials for promotional, commercial, and educational purposes.
2. Waiver of Privacy Claims:
• Participants waive any right to review, approve, or claim compensation for the use of such media.
3. Participant-Generated Content:
• Participants agree not to create or distribute unauthorized recordings or media that could harm AquaFun’s reputation or violate the privacy of other participants.

8. ADDITIONAL CLAUSES

1. Intellectual Property Protection:
• Participants may not use AquaFun’s name, logo, or branding without prior written authorization.
2. Alcohol and Substance Use:
• AquaFun strictly prohibits participation under the influence of alcohol or drugs.
3. Behavioral Expectations:
• Abusive or disruptive behavior will result in removal without refund.
4. Loss of Belongings:
• AquaFun is not responsible for lost or stolen personal items.

9. SIGNATURE SECTION

By signing below, I confirm that I have read, understood, and agreed to all terms.