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TERMS & CONDITIONS

THESE TERMS AND CONDITIONS CONTAIN AN ASSUMPTION OF AND ACKNOWLEDGEMENT OF RISKS, WAIVER AND RELEASE OF CLAIMS, AS WELL AS INDEMNITY AND ARBITRATION PROVISIONS WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE FOLLOWING CAREFULLY.

ASSUMPTION AND ACKNOWLEDGMENT OF ALL RISKS:

The slides, pools, and other attractions at Wild Rivers are participatory in nature and involve inherent risks that cannot be eliminated without altering the nature of the slides, pools or other attractions. Such inherent risks include, but are not limited to cuts and bruises, falls, broken bones, injuries to wrists, hands, arms, legs, feet, ankles, backs (including spinal injuries), head and/or neck, as a result of falling off a tube or raft, making contact with the slide or ride components, pools, other patrons, splash pools, run-outs, and waves. I, on behalf of myself and any minor for whom I am purchasing a ticket for, agree that by purchasing a season pass or admissions ticket, these risks are accepted.

RELEASE AND WAIVER OF ALL CLAIMS:

I, on my own behalf, and on behalf of any minor in my family, agree to waive any and all claims, suits or demands for personal injury, property damage, death or other loss against: Wild Rivers Waterpark Irvine SPE, LLC doing business as Wild Rivers Waterpark; Wild Rivers Waterpark Irvine, LLC; Wild Rivers Waterpark Irvine Holdings, LLC; American Resort Management LLC; ARM CA LLC; Surf Hill LLC; Splash Management, LLC; and the City of Irvine, and all of their respective subsidiaries, parent and affiliate entities, and their respective directors, officers, employees (hereinafter collectively "Releasees"), including but not limited to any and all negligence, negligent supervision, negligent training, and negligent instruction. This waiver and release is intended to be a complete release of liability of the Releasees for any and all responsibility for personal injuries including death, property damage sustained by me or the minor, whether arising out of or resulting from participation in any attraction, slide, pool, or using the parking lot, restrooms and other facilities at Wild Rivers. This Release of Liability applies on the date of the season pass or admissions purchase, as well as date in the future that I and/or the minor may visit Wild Rivers Waterpark. The scope of this waiver and release specifically includes any claims, damages, injuries, expenses or death arising out of resulting from administering or failing to administer medical assistance.

INDEMNITY:

I agree to defend, indemnify and hold harmless Releasees, including attorneys’ fees, against any and all claims, lawsuits or demands for any loss, injury, damage or death, as well as property damage, arising out of, connected to, or relating in any way to the participation in the attractions, activities and/or use of the Wild Rivers facilities, including any lawsuit filed on behalf of any minor. The scope of this indemnity provision specifically includes any and all negligence, active or passive, of Releasees.

ARBITRATION AND DISPUTE RESOLUTION:

Any dispute in connection with the use of a season pass or admission ticket, including any claim for personal injury and/or death, must be submitted to binding arbitration, and the right to pursue damages in a civil lawsuit, and/or to have a trial by jury are expressly waived. The arbitration will take place with Judicate West in Santa Ana, and pursuant to its arbitration rules, before a single arbitrator.

POSTED SIGNS AND SAFETY RULES:

I agree that I and any minor for whom I am buying a season pass or admissions ticket, agree to read, obey and comply with all posted, spoken and/or written safety rules while attending Wild Rivers. I understand that the failure to do so may result in serious injury or death. I further understand that safety is a shared responsibility.

RECREATIONAL SERVICES:

I further acknowledge that recreational services are being provided by Releasees, and no sale, lease or bailment of equipment is any part of this transaction. By purchasing a season pass or admissions ticket, I obtain a non-exclusive right to use the facilities, slides and/or attractions, and no claim of strict products liability will be or can be asserted against Releasees.

CODE OF CONDUCT:

Wild Rivers is a family-friendly water park, and any conduct that is deemed inappropriate for the peace and good order of the park, guests or employees is not permitted. This includes fighting, verbal or physical assaults; disruptive or unruly or belligerent behavior; offensive language or gestures; harassing or threatening behavior; lewd behavior; sexual misconduct; line cutting of any kind; theft; and selling or involvement with the sale of Wild Rivers tickets. Any individual who violates the rules or guidelines of the park may be asked to leave the park and/or ejected. Also, in order to afford a safe and enjoyable experience at Wild Rivers, the following are prohibited: 1) drugs, tobacco, e-cigarettes or vapes; 2) alcohol; 3) glass containers of any kind; 4) outside food or drinks, including ice chests.

GENERAL CONDITIONS:

A Wild Rivers Waterpark Season Pass is valid only at Wild Rivers Waterpark Irvine and grants a revocable license to the registered holder for admission and use of all open rides and attractions (unless restricted by conditions which could ultimately prohibit someone from riding safely, including but not limited to height, weight, age, physical limitations such as pregnancy and heart conditions, or observed inappropriate behavior), on any regularly-scheduled operating day of the season for which it was issued.

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