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Water Park & Ticket Terms

TERMS AND CONDITIONS FOR ADMISSION, TICKETING, AND SEASON PASSES
(Including Minor Acknowledgment and Parental Consent)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions ("Terms") contain important provisions, including assumption of risk, release of claims, mandatory arbitration, waiver of jury trial, class action waiver, and parental consent for minors. By purchasing, possessing, using, or redeeming a ticket or season pass, or by entering or remaining on park property, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms apply to all guests, including minors. A parent or legal guardian is responsible for accepting these Terms on behalf of any minor.

1. ASSUMPTION OF RISK
Amusement parks and recreational facilities involve inherent and other risks, including risks that cannot be eliminated without fundamentally altering the nature of the activity.
Each guest voluntarily assumes all inherent and other risks, whether known or unknown, associated with:
These risks include, but are not limited to, bodily injury, emotional distress, property damage, permanent disability, or death.

2. ACKNOWLEDGMENT OF POTENTIAL INJURY
Each guest acknowledges, understands, and agrees that:

3. VOLUNTARY PARTICIPATION & HEALTH RESTRICTIONS
Participation in all attractions and activities is voluntary. Guests are responsible for determining whether they are physically and medically able to participate.
Guests should not participate in attractions if they have conditions including, but not limited to:
Guests must comply with all posted rules, instructions, warnings, height/health restrictions, and operator directions.

4. RELEASE AND WAIVER OF LIABILITY (ADULT GUESTS)
To the fullest extent permitted by applicable New Jersey and New York law, each adult guest releases and agrees not to sue:
for any claim or cause of action arising out of or related to:
This release does not apply to gross negligence or willful misconduct where prohibited by law.

5. MINORS – PARENTAL ACKNOWLEDGMENT, CONSENT & ASSUMPTION OF RISK
By purchasing, accepting, using, or permitting the use of a ticket or season pass for a minor, or by allowing a minor to enter or participate in any park activity, the parent or legal guardian ("Parent/Guardian") certifies that:
The Parent/Guardian acknowledges that amusement attractions involve inherent and other risks, which may pose increased risk to minors, and voluntarily permits the Minor to participate with full knowledge of such risks.
To the fullest extent permitted by law, the Parent/Guardian personally assumes all risks associated with the Minor’s entry onto park property and participation in park activities.

6. RELEASE OF CLAIMS – PARENT/GUARDIAN (INDIVIDUAL CAPACITY)
To the fullest extent permitted by law, the Parent/Guardian, on their own behalf, releases and agrees not to sue the released parties listed above for any claims belonging to the Parent/Guardian arising out of or relating to the Minor’s visit or participation, including claims based on ordinary negligence.
This release does not apply to gross negligence or willful misconduct where prohibited by law.

7. INDEMNIFICATION (INCLUDING MINOR CLAIMS)
To the fullest extent permitted by law, each guest, and each Parent/Guardian on behalf of themselves, agrees to indemnify, defend, and hold harmless the released parties from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

8. MEDICAL AUTHORIZATION FOR MINORS
In the event of an emergency involving a Minor, the Parent/Guardian authorizes the park and its representatives to obtain emergency medical treatment if the Parent/Guardian cannot be immediately reached and agrees to be financially responsible for any such treatment.

9. MANDATORY ARBITRATION & WAIVER OF JURY TRIAL
a. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to:
shall be resolved exclusively by final and binding arbitration, not in court.
Arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules.
b. Location & Governing Law
Arbitration shall take place in the state where the park is located (New Jersey or New York). These Terms shall be governed by the laws of that state, without regard to conflict-of-law principles.
c. Jury Trial Waiver
YOU AND THE PARK EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY in any action arising out of or relating to these Terms or your visit to the park.
d. Class Action Waiver
All claims must be brought on an individual basis only. Guests waive any right to participate in a class action, collective action, or representative proceeding.

10. SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable to the maximum extent permitted by law.

11. MODIFICATION OF TERMS
The park reserves the right to modify these Terms at any time. Updated Terms will be posted at the park and/or online and are effective immediately upon posting.

12. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the guest and the park regarding admission and use of park facilities and supersede all prior agreements or representations.

BY PURCHASING OR USING A TICKET OR SEASON PASS, OR BY ENTERING THE PARK, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS.

General Provisions

Splash Cash Terms

SPLASH CASH™ STORED VALUE CARD TERMS AND CONDITIONS
Effective Date: [Insert Date]
These Splash Cash™ Stored Value Card Terms and Conditions (the “Terms”) govern the purchase, use, and redemption of Splash Cash™ stored value gift cards (“Splash Cash” or “Card(s)”) issued by IAM Old Forge, LLC, a New York limited liability company (“IAM,” “we,” “us,” or “our”), for use at IAM-operated locations in Old Forge, New York (the “Park”).
By purchasing, accepting, or using Splash Cash, you agree to be bound by these Terms.
1. Nature of Splash Cash
Splash Cash is a prepaid stored value card and is not a credit or debit card, checking or savings account, or any other financial product. Splash Cash has no cash value and is redeemable only for eligible goods and services at the Park, subject to these Terms.
2. Purchase and Activation
Splash Cash may be purchased online, at the Park, or through authorized sales channels.
Splash Cash is activated at the time of purchase or first use, as determined by IAM.
The purchase amount will be loaded to the Card balance at activation.
All sales are final except as required by applicable law.
3. Redemption and Use Restrictions
Splash Cash may be used only at participating Park locations for food, beverages, merchandise, admissions, attractions, rentals, or other items designated by IAM.
Splash Cash cannot be redeemed for cash, refunded, or exchanged, except where required by New York law.
Splash Cash may not be used to purchase other gift cards or stored value products.
IAM reserves the right to limit or exclude certain items or services from eligibility.
4. No Expiration; No Dormancy Fees
In compliance with New York General Business Law § 396-i:
Splash Cash does not expire.
No dormancy, inactivity, or service fees will be assessed.
5. Balance Inquiries
You may check your Splash Cash balance at the Park or through other balance inquiry methods made available by IAM. The balance is reduced with each purchase until depleted.
6. Lost, Stolen, or Damaged Cards
Treat Splash Cash like cash. Risk of loss passes to the purchaser upon delivery.
Lost, stolen, or damaged Cards will not be replaced unless proof of purchase and the remaining balance can be verified to IAM’s satisfaction.
IAM is not responsible for unauthorized use of Splash Cash.
7. Promotional and Bonus Splash Cash
From time to time, IAM may issue promotional or bonus Splash Cash subject to additional terms, including limitations on use, redemption periods, or eligible items. Promotional Splash Cash may be revoked if obtained through fraud or misuse.
8. Fraud, Misuse, and Cancellation
IAM reserves the right to:
Refuse, cancel, or suspend Splash Cash balances if fraud, misuse, or violation of these Terms is suspected;
Limit quantities purchased or used;
Void Splash Cash obtained through unauthorized channels.
If a Card is canceled for fraud or misuse, any remaining balance may be forfeited to the extent permitted by law.
9. Limitation of Liability
To the fullest extent permitted by law:
IAM’s total liability related to Splash Cash shall not exceed the remaining Card balance.
IAM is not liable for indirect, incidental, consequential, or special damages arising from the purchase or use of Splash Cash.
10. No Warranties
Splash Cash is provided “AS IS” without warranties of any kind, express or implied, including implied warranties of merchantability or fitness for a particular purpose, except as required by law.
11. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles. Any legal action arising out of or relating to Splash Cash shall be brought exclusively in the state or federal courts located within the State of New York.
12. Changes to Terms
IAM reserves the right to amend these Terms at any time, subject to applicable law. Updated Terms will be posted at the Park or on IAM’s website and will apply to future use of Splash Cash.
13. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
14. Contact Information
For questions regarding Splash Cash, balances, or these Terms, please contact:
IAM Old Forge, LLC
3183 SR 28
Old Forge, NY 13420
315-940-2386
info@watersafari.com
BY PURCHASING OR USING SPLASH CASH, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND CONDITIONS.
Happy New Year!
Where The Fun Never Stops!