BY SIGNING UP FOR A MEMBERSHIP:
I understand and EXPRESSLY AGREE that swimming in its various forms is an inherently hazardous sport that has many dangers and risks. I realize that injuries are a common and ordinary occurrence of this sport. As a condition of being permitted to use any and all of the facilities of the aquatics park, I FULLY RELEASE FROG FALLS AND AGREE TO EXPRESSLY ASSUME ALL RISKS of personal injury, death or loss or damage to any of my property. I release FROG FALLS from any and all claims related to (1) the inherent risks of the sport; (2) abrupt changes in weather conditions;(3) the use of man-made facilities and equipment necessary for the ordinary operation of the water park, such as water slides, pools entries, lap lanes, lazy river features, tubes, fencing, pool decking, sidewalks, walkways, bath facilities, water features, or any other object or piece of equipment utilized in connection with the maintenance of pools, buildings or other facilities used in connection with swimming.
I EXPRESSLY AGREE, as a condition of being allowed to use the pool facility and premises, that I do freely accept and voluntarily assume ALL RISKS of personal injury or death or property damage, and FULLY RELEASE FROG FALLS to the greatest extent permitted by law FROM ANY AND ALL LIABILITY for personal injury, death or property damage arising out of or resulting from my participation in this sport; and/or from my use of the pool premises including the parking lots and related facilities.
As in any activity, there are inherent risks and injuries that may occur. I hereby release and discharge Non Appropriated Fund Instrumentalities, Picatinny Arsenal, and the US ARMY, its agents, employees, appointed officials, volunteers, commissions or associations from any and all actions for losses, damages, for personal injuries to myself, or members of my family membership which may occur or arise out of our participation in activities at Frog Falls Water Park.
To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY AND HOLD HARMLESS Frog Falls from any and all claims, suits, costs and expenses including attorneys’ fees asserted against Frog Falls by me or third parties arising or allegedly arising out of or resulting from my conduct while utilizing Frog Falls’ facilities whether or not FROG FALLS’ NEGLIGENCE contributed thereto in whole or in part.