Complete a waiver for myself
Complete a waiver for myself and children

Adult Information

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( Age must be at least 18 years old )

Contact Information

    AQUA & WAKE PARK

Please read the waiver below and fill out the required fields found in the following form sections. All liability language from the waiver will apply to all household members listed below.

 

LIABILITY WAIVER FOR PARTICIPATION

 

Beginning of Aqua Park Waiver

*AQUA PARK WAIVER*

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION,
& BINDING ARBITRATION

NOTICE – By signing this document you may be waiving certain legal rights, INCLUDING the right to sue.

In consideration of being allowed to use the facilities and participate in AQUA PARK and other activities (collectively the “Activities”) provided by JR Wake Parks, LLC d/b/a Shark Wake Park, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree to release and discharge Shark Wake Park and Palm Beach County, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she may have against Shark Wake Park, Palm Beach County, and their owners, affiliates, employees, agents, and/or any entity to which Shark Wake Park owes a contractual indemnification obligation, arising out of the inherent risk of participating in the Activities and/or use of Shark Wake Park’s equipment (“Equipment”);

2) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT, even those caused by negligent acts or conduct of Shark Wake Park, Palm Beach County, and their owners, operators, affiliates, employees, agents, officers, and/or any entity to which Shark Wake Park owes a contractual indemnification obligation.  The Participant understands that there are inherent risks of participating in the Activities and using the Equipment, which may be foreseen and unforeseen and include serious physical injury and death;

3) TO RELEASE Shark Wake Park, Palm Beach County, and their owners, operators, affiliates, employees, agents, and/or any entity to which Shark Wake Park owes a contractual indemnification obligation, from all liability for any loss, damage, injury, or expense forming a basis for a claim and/or cause of action that the Participant [or his/her parent(s) or natural guardian(s)] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training; and 

4) TO INDEMNIFY Shark Wake Park, Palm Beach County, and their owners, operators, affiliates, employees, agents, and/or any entity to which Shark Wake Park owes a contractual indemnification obligation, from all liability for any loss, damage, injury, or expense forming a basis for a claim and/or cause of action that the Participant [or his/her parent(s) or natural guardian(s)] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.

Photography/Video Release

Participant hereby grants Shark Wake Park, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities.  Participant hereby authorizes Shark Wake Park to copyright, use, and publish the same in print and/or electronically.  Participant hereby agrees that Shark Wake Park may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

PERSONAL RESPONSIBILITY

The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.

The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Shark Wake Park’s Equipment and facilities before any participation.

The Participant and his/her parent(s) or natural guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. 

The Participant and his/her parent(s) or natural guardian(s) understand that the Activities are hazardous and include certain risks and danger, including the risk of serious injury or death, and voluntarily accepts to undertake these risks while participating in the Activities. 

In participating in the Activities, the Participant and his/her parent(s) or natural guardian(s) understand that Participant may be exposed to a number of high-risk factors, including but not limited to, equipment, other participants, animals, rocks, debris, shrubbery, loud noises, the elements, and marine life forms, any of which may involve the risk of injury, illness, disease, mental damage, or even death. 

If while participating in the Activities and/or using the Equipment, the Participant or his/her parents or natural guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his parent(s) or natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of Shark Wake Park. 

The Participant and his/her parent(s) or natural guardian(s) understand that a coast guard approved life jacket must be worn at all times, that Shark Wake Park and Palm Beach County provide no lifeguards on duty, and that Participant is advised to swim at their own risk.

The Participant and his/her parent(s) or natural guardian(s) understand that Participant may borrow or purchase certain equipment from Shark Wake Park and/or other equipment suppliers, distributors, manufacturers, or sponsors through Shark Wake Park, or elsewhere, and that such equipment is used entirely at Participant’s own risk. 

Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment. 

Binding Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in the State and County where the Activities occurred, and shall be governed by the Florida Rules of Evidence.  For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator selected by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the Court with jurisdiction in which the Activities occurred. As a threshold matter, the arbitration shall confirm whether the Waiver and Release contained in this agreement are enforceable under applicable law.  Participant, Participant’s parent(s) or natural guardian(s), and Shark Wake Park specifically intend for this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against Shark Wake Park in a court of law, and you are giving up your right to a trial by jury.

*NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN*

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF JR WAKE PARKS, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM JR WAKE PARKS, LLC 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 SIGN THIS FORM, AND JR WAKE PARKS, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by Shark Wake Park and its counsel in any proceeding. 

IMPORTANT INFORMATION

  • Each guest or an authorized guardian for children under 18 years of age must complete a SHARK WAKE PARK Release of Liability form before starting the course
  • Guests must wear a USCG Personal Flotation Device (DFD) and keep it buckled and zipped at all time
  • Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted
  • Tobacco and alcohol are not permitted
  • No refunds will be granted
  • Anyone who appears to be under the influence of drugs or alcohol may not participate in the AQUA PARK
  • Pregnant women are prohibited from going on the AQUA PARK
  • Shark Wake Park reserves the right to remove anyone who disregard the safety rules. There will be no refunds if such action is required.
  • Shark Wake Park reserves the right to close the AQUA PARK without refund at any time due to inclement weather deemed unsafe for guests and staff
  • Shark Wake Park may not be held responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the AQUA PARK to retrieve a lost item!

End of Aqua Park Waiver 

Beginning of Wake Park Waiver

*WAKE PARK WAIVER*

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION,
& BINDING ARBITRATION

NOTICE – By signing this document you may be waiving certain legal rights, INCLUDING the right to sue.


In consideration of being allowed to use the facilities and participate in Waterski/Wakeboard Cable Park (collectively the “Activities”) provided by   JR Wake Parks, LLC d/b/a Shark Wake Park, its agents, officers, volunteers, participants, and all other persons or entities action in any capacity on their behalf, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree to release and discharge the Shark Wake Park, on behalf of myself, my children, parents, guardians, heirs, assigns, personal representative and estate as follows:

I acknowledge the inherent extreme risk in cable wakeboarding and water skiing activities, including those which could occur on water and result in physical or emotional injury, paralysis death, or damage to me, property belonging to me, Shark Wake Park and/or to third parties.  I realize that these risks cannot be eliminated and include, among other things, falling in the water, being struck by equipment, drowning, struck by other participants, by my own negligence or other participants negligence.  I understand that there are also unforeseeable accidents, which may occur, and I assume all risks associated with such accidents. I agree that there are possible accidents, which I cannot foresee, and I assume all risks associated with such accidents.  I agree to pay attention to the lake and equipment and to advise Shark Wake Park staff if I inflict or notice any damage.  I agree to abide by all Shark Wake Park safety rules.  I agree that if Shark Wake Park staff make a specific request or give an instruction to me, I will comply.  I agree to use proper wakeboard and waterski practices and/or procedures.  If I fail to use proper wakeboard or water skiing practices and/or procedures, the fault is solely mine.  I agree that the jobs of Shark Wake Park staff are difficult and they seek to create a safe environment by giving adequate warnings and/or instructions, however it is entirely possible that the equipment being used might malfunction, be defective and/or fail. I agree that Shark Wake Park staff might be unaware of a participant’s fitness or abilities. 

I expressly agree and promise to accept and assume all of the risks which exist by reason of my participation in this activity, INCLUDING NEGLIGENT ACTION OR INACTION OF SHARK WAKE PARK, PALM BEACH COUNTY, and their owners, officers, directors, shareholders, employees, equipment suppliers, equipment designers, safety manufacturers, lessors, insurers, and agents.  My participation in this activity is purely voluntary and I elect to participate in spite of the risks.  I agree to assume all risk of personal injury, including paralysis and death, which may occur while I am at Shark Wake Park’s facility.  I hereby voluntarily release, remise, and forever discharge and covenant not to sue, Shark Wake Park, Palm Beach County, and their owners, directors, shareholders, officers, employees, hold manufacturers, lessors, insurer, and agents, from all liability for any such personal injury that I may incur, and any and all claims, demands or causes of action, which are in any way connected with Shark Wake Park & Palm Beach County. 

In the event of any claim, demand, or cause of action made against Shark Wake Park, Palm Beach County, and their owners, officers, directors, shareholders, employees, hold manufacturers, lessors, insurers, and agents (“Releasees”), by the undersigned or by any minor over who, I have supervisory responsibility at the facilities of Shark Wake Park & Palm Beach County (whether or not the undersigned is physically present at the time of the occurrence of any injury, damage, or loss), I agree to indemnify, hold harmless, and defend the said Releasees, including the payment of reasonable attorneys fees, including indemnify (with payment of costs and a reasonable attorneys fee) for any claim arising in while or in part from alleged negligent action or inaction on the part of any Releasees.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself.  I certify that I have no medical, emotional, and/or physical conditions that could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

This Release applies to and binds my personal representative, heirs, and family.  I further represent that I have complete and absolute authority to bind, contract for and legally act on behalf of any minor children in my family, and/or listed in this document, and understand and agree that Shark Wake Park & Palm Beach County rely to its detriment upon this representation and would not allow any minor child to use its facility without this representation.  If a member of my family under the age of 18, or other child that I have authority to legally act on behalf of, participates in any activity at Shark Wake Park, whether or not I am present, I make this release and these representations on his or her behalf as well as my own, and I agree to assume responsibility for his or her safety.

Should Shark Wake Park, Palm Beach County, or anyone on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold harmless that party for all such fees and costs.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Shark Wake Park, Palm Beach County, and any part Releases on the basis of any claim from which I release them.

I understand that this release is a contract.  I sign at my own free will.  I also understand that this contract is severable; that if any part of it is held by a court of law to be unenforceable, the rest shall survive.

I am aware that all activities, including but not limited to wakeboarding and waterskiing (and all other activities run by Shark Wake Park) are hazardous activities that include certain risks and danger and include the risk of serious injury or death.  I voluntarily accept full responsibility for all risks involved, including risks inherent in cable wakeboarding and waterskiing.  In all activities and in the cable wakeboarding and waterskiing environment.

I accept my responsibility to wakeboard and waterski and participate in other activities safely at all times and obey all posted behavior notices and any other wakeboard or waterski areas and rules and policies.

I understand that I may borrow or purchase certain equipment from Shark Wake Park and/or other equipment suppliers, distributors, manufacturers, or sponsors through Shark Wake Park, or elsewhere.  Such equipment may include, but is not limited to, wakeboards, bindings, vests, ropes, handles, and hardware (hereafter referred to as “equipment”).  I agree that any equipment I use while wakeboarding or participating in other activities, I use entirely at my own risk.  I voluntarily acknowledge and assume all risks associated with the use of equipment.  I further agree to return, in good condition, any equipment that I borrow. 

I am completely aware of and accept the hazards inherent upon the use of the water jumps, sliders, ramps, water obstacle equipment and the use of the cable wakeboard/waterski and its facilities. 

Watersports helmets must be worn to use all water obstacles.  Use of water obstacles will result in voiding the warranty on your wakeboard.  Shark Wake Park is not responsible for any damage to the board or injury to you. 

I understand I must wear a coast guard approved life jacket and that Shark Wake Park & Palm Beach County provide no lifeguards on duty and I am advised to swim at my own risk.  I acknowledge that I can swim and have no physical limitations that prevent me from participating in this activity.

In case of injury, I give permission for Shark Wake Park to seek medical treatment on my behalf.

In wakeboarding and waterskiing, I understand that I may be exposed to a number of high-risk factors and activities, including but not limited to, other water skiers, equipment, animals, rocks, debris, shrubbery, loud noises, the elements, and marine life forms, any of which may involve the risk of injury, illness, disease, mental damage, or even death.  By entering the water and otherwise being on Shark Wake Park’s premises, I recognize these risks as well as the possibility of other unknown risks inherent in any outdoor recreational sport or activity.  Such risks include, but may not be limited to, failure of equipment (whether owned and/or operated by Shark Wake Park or others), falls in, on, or around Shark Wake Park’s grounds and facilities, and risks or injuries associated with or caused by the conduct of other persons, whether Shark Wake Park employees or third parties. 

I am completely aware that the activities will take place in a body of water that is not filtered or chlorinated, and assume the risks of participating in activities in this body of water. 

Whereas each of the undersigned individuals are desirous of using the cable wakeboard/waterski as a wakeboarder/water-skier and is doing so entirely upon his or her own initiative, risk, and responsibility. 

Therefore, consideration of use of the cable wakeboard/waterski, whether with or without charge, each of the undersigned individually, and/or as a representative of and on behalf of his or her spouse, child, or ward, hereby release, discharge and covenant not to sue Shark Wake Park, Palm beach County, and/or their agents, officers, servants, representatives, and employees of and from any liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury – including fatal injury sustained while using, participating, and/or observing the cable wakeboard/waterski, whether or not caused by the negligence of Shark Wake Park & Palm Beach County or its employees, agents, officers, servants, representatives or by failure of equipment. 

This release shall be binding upon the spouse, heirs, legal representatives, next of kin, executors, and administrators of each of the undersigned.  In signing the foregoing release, each of the undersigned acknowledges and represents that he/she has read, understands, and signs the foregoing release voluntarily, that he/she is at least eighteen (18) years of age and of sound mind; that he she is legally sober from the effects of alcohol and drugs; that he/she agrees to follow any and all instructions of the Shark Wake Park personnel while using the cable wakeboard/waterski, and that he/she is in good health, suffering from no physical disability which might impair his/her mental facilities and/or normal wakeboarding/waterskiing and/or swimming abilities.

I understand that any watersport (including wakeboarding, waterskiing, and knee boarding) and any related activities can be dangerous and involve a risk of injury, which may even be fatal.  Despite the risk of injury, I agree to expressly assume all risks of injury or death to me while participating and/or observing any watersports and related activities at Shark Wake Park.

This document is implemented from the date of signature from the undersigned person/persons.  The undersigned hereby grants permission to Shark Wake Park to take photos and videos of the participant in connection with participant’s use of the facilities.  The undersigned hereby grants Shark Wake Park to use such photos and video for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

 

*NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN*

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF JR WAKE PARKS, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM JR WAKE PARKS, LLC 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 SIGN THIS FORM, AND JR WAKE PARKS, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

 

End of Wake Park Waiver

 

  I acknowledge I have read and understand this waiver and certify that all personal information is correct.
By signing this waiver, I agree that all information is complete and accurate.