Waiver of Liability
Notice to all users of these facilities:
EXCLUSION OF LIABILITY – ASSUMPTION OF RISK - JURISDICTION
THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
As a condition for the entry and use of the water park and other on-site facilities, the ticket holder assumes all risk of personal injury, death or property loss/damage resulting from any cause whatsoever including but not limited to: the risks, dangers and hazards of water sliding and other recreational activities; the use of water park slides, pools, volleyball area and other facilities; collisions with natural or man-made objects, surfaces and other sliders; slipping and falling on surfaces, stairs, platforms and other facilities; improper body positioning within the water slides; improper landing after coming out of a water slide; the failure to adhere to the posted rules of conduct; accidents relating to the faulty or other performance of equipment (including flotation devices, waterslides and park facilities); the risk of exposure to and infection from viruses or disease (including coronavirus, COVID-19, SARS) due to the ticket holder’s proximity to others while in the water park; or negligence, breach of contract, or breach of statutory duty of care on the part of Executive TFN Waterpark GP Ltd., Executive TFN Waterpark Limited Partnership and its limited partners, and each of their respective affiliates, shareholders, directors, officers, employees, agents, independent contractors, subcontractors, representatives, volunteers, sponsors, equipment manufacturers, successors and assigns (hereinafter collectively referred to as the “Waterpark Operator”). The ticket holder agrees that the Waterpark Operator shall not be liable for any such personal injury, death or property loss and releases the Waterpark Operator from all liability and waives all claims with respect thereto. The ticket holder agrees that any litigation involving the Waterpark Operator shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia. The ticket holder further agrees that these conditions and any rights, duties and obligations as between the Waterpark Operator and the ticket holder shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.