This Waiver and Release of Liability (“Agreement”) is entered into by the undersigned participant (“Participant”) in favour of The World Famous Dunn’s River Falls and Park, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, representatives, successors, and assigns (collectively, the “Released Parties”).
1. Acknowledgement of Inherent Risks
I acknowledge and understand that participation in waterpark, adventure, recreational, and related activities offered at The World Famous Dunn’s River Falls and Park involves inherent and unavoidable risks, including but not limited to:
- Slips, trips, falls, drowning, collisions, equipment failure, or negligence of other participants.
- Exposure to heat, cold, sun, weather conditions, or natural hazards.
- Injuries such as cuts, bruises, fractures, sprains, head injuries, paralysis, or death.
- Property damage or loss.
I understand that these risks may be caused by my own actions or inactions, by the actions or inactions of others, by the condition of the facilities or equipment, or by the negligence of the Released Parties.
2. Assumption of Risk
I voluntarily and freely assume all risks, both known and unknown, associated with my participation in activities at The World Famous Dunn’s River Falls and Park, even if arising from the negligence of the Released Parties, and I accept full responsibility for any resulting injury, death, loss, or damage.
3. This Waiver and Release shall be binding on my heirs, executors, administrators, personal representatives, successors, and assign. I expressly agree that no heir, estate, personal representative, executor, administrator, successor, or assign of mins shall have any right to make a claim against the released parties, arising from my participation in activities.
4. Release and Waiver of Liability
To the fullest extent permitted by law, I on behalf of myself, my heirs, executors, administrators, personal representatives, successors and assign, hereby release, waive, discharge, and covenant not to sue the The World Famous Dunn’s River Falls and Park, its affiliates, directors, officers, employees, agents, and insurers ( collectively, the “ Released Parties” from any and all liability, claims, demands, damages, costs, or causes of action arising out of or relating to my participation in activities at The World Famous Dunn’s River Falls and Park, including those arising from the negligence of the Released Parties or otherwise.
5. Indemnification
I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from my participation in park activities, my violation of park rules, or the actions of any minor for whom I am responsible.
6. Medical Authorization
In the event of an injury or medical emergency, I authorize the Released Parties to secure medical treatment for me (or my child, if applicable) at my sole expense. I release the Released Parties from any liability for such medical treatment.
7. Minor Participants
If I am the parent or legal guardian of a minor participant:
- I consent to the minor’s participation in all park activities.
- I acknowledge and accept all terms of this Agreement on the minor’s behalf.
I agree to release, indemnify, and hold harmless the Released Parties for any claims related to the minor’s participation, including claims made by or on behalf of the minor.
8. Use of Likeness
I grant permission to the Released Parties to use photographs, video, or other recordings of me (or my child) taken at The World Famous Dunn’s River Falls and Park for promotional, advertising, or other lawful purposes without compensation.
9. Rules and Safety Compliance
I agree to follow all posted rules, safety instructions, and directions provided by The World Famous Dunn’s River Falls and Park and its personnel. Failure to do so may result in removal without refund.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed under the laws of Jamaica. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Jamaican courts.
11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Acknowledgement of Understanding
I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND AND ACKNOWLEDGE ITS TERMS.
