WAIVER OF LIABILITY

Oak Ash Lake places a high degree of importance on the safety and well-being of our visitors & participants in any activity held on site. It is imperative to acknowledge that activities in a rural/open water environment is physically demanding & can carry an inherent risk of injury and even fatality. We strive to provide a safe and secure environment for our guests, and we strongly recommend that all participants are fully aware of the risks involved before taking part. This waiver does not exclude liability for any intentional or negligent actions by the Company resulting in personal injury or death. Please read these terms carefully as they affect your legal rights.

Nothing contained herein is intended to limit or exclude liability for death or personal injury caused by negligence.

“Activity” or “Activities” – means any of our activities including just being a visitor on site.  Any activity we offer on any of our Sites regularly or from time to time, run by Oak Ash Lake or a third party includes where applicable single or multiple activities.

By signing this document, I [FullName] acknowledge that I have been given permission to use the facilities of Oak Ash Lake to participate in their activities. I acknowledge that I may not use or access the site or facilities outside of the companies opening times and that the land is private property. In exchange for this privilege, I agree to release, indemnify, and discharge The Company, its agents, owners, staff, manufacturers, participants, lessors, affiliates, and its subsidiaries, related and affiliated entities, successors, and assigns (the “Released Parties”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate. This release is to be forever, and I agree to the following terms and conditions:

I, The Participant and/or parent or permitted guardian of The Participant: -

 

1.     I confirm that I am currently in good health and free from any injuries, medical conditions, diseases, or illnesses that may be aggravated by participating in activities at Oak Ash Lake. I have also informed the company if I have any injury, medical condition, disease, or illness that may impact my ability to participate safely. 

2.     I will alert The Company if my health changes in any way that may impact my ability to partake.

3.     Acknowledges that undertaking an Activity at The Company is on a site containing an open water lake within a rural environment, which is subject to the elements, trees, undergrowth, wildlife and natural erosion, mud and puddles. The Company grounds may have uneven, slippery surfaces; we cannot change the nature of this environment. The Company advises that you wear appropriate clothing, footwear, assume responsibility and watchful at all times for your safety and enter at your own risk. The Company will not be liable for any damage and or injury from bumps, slips, trips or falls.

4.     Understands not to disturb the wildlife, to treat them with care and respect them as visitors to their habitat and to be mindful of the environment. When dogs are permitted on site ALL dogs must be kept on leads at all times.  Dogs will kept under control and any dog mess/litter will be taken home.  When permitted on site, I am responsible for any children I bring & agree that they  will be kept with me and I will not allow them near/in the water and I acknowledge that I am responsible for any behaviours, damage or interference caused.   Unruly children are not welcome even during family days.

5.     I understand the risks involved in The Activity and accept them voluntarily, even if resulting from the negligence of others. Despite the potential for serious injury, I take full responsibility for my participation.

6.     Lake users including open Water Swimming participants  must be physically fit and able to swim 200m competently and without resting.  

7.     Participants in water activities are required to have undergone an induction, understand the rules of the lake and have successfully completed the swim test or open water competency test.

8.     The Activity may be undertaken without direct supervision therefore Participants are responsible for their own safety and the safety of others during the Activity. Participants must comply with safety instructions and follow all given instructions. 

9.     I will fully indemnify Oak Ash Lake, its agents and Employees against any claim brought by a third party for loss, damage, injury or death which has been caused by any action or omission of mine or any act or omission of any participant(s) of which i am the lawful parent or guardian or any participant(s) whose supervision is wholly or partly my responsibility at the time of the relevant act or omission that would if they had agreed to the same with total capacity to do so, amount to a breach of the terms and conditions or which amounts to negligence or a wilful act or omission.

10.   Agrees not to participate in The Activity whilst under the influence of drugs and/ or alcohol and understands that participation after consumption of drugs and alcohol will remove any and all liability and responsibility from The Company and its staff. The Company may refuse entry should they deem necessary, in which case no refund will be given.

11.   The company may take photos and/ or videos during the activity for promotional purposes. I accept that such photos and/ or videos may be used on social media and that I must inform a management-level member of staff if I do not wish to appear in such photos and/ or videos. For the company to use such material shall not require payment or compensation of any kind. The participant(s) agree to the use by The Company of CCTV monitoring for training, health and safety, and security purposes.

12.   If I am signing this waiver on behalf of a participant who is a child [MinorsName] I certify that I have full authority as a parent or authorised guardian to consent to his/her participation in The Activity and to bind them to this release of liability provided above of all the RELEASED PARTIES, and for myself, my heirs, assigns, and next of kin, to my child(s) involvement or participation in the Activity as provided above, even if arising from their negligence. I give consent that in the event if any illness/incident for any necessary treatment to be administered to The Participant(s) named below without my presence.

13.   I, The Participant, agree that I am responsible for any children in my care and undertake to ensure that he/she/they read, understand and will follow the instructions set out in the Safety Rules and oral instructions mentioned above. I certify that to the best of my knowledge neither I nor any children in my care have a medical condition which might make me or him/her/them more likely to sustain an injury

14.   I confirm that I am 18 years and over, have read this waiver and release of liability, I fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.