Marion KOA Activity Waiver – Marion KOA Booking

All guests entering the water park area must have a completed waiver on file. Guests under 18 years of age must have a waiver completed by their parent or legal guardian. Entry will not be granted without a completed waiver on file, and no refunds will be issued. Please read carefully through all of the terms of this waiver including the Release of Liability, Water Park Restrictions, and Rules and Regulations.

Waiver ID#

Name(Required)

First Last

Date of Birth(Required)

Email(Required)

Phone(Required)

Number of Minors(Required)

Minor 1 Name(Required)

First Last

Minor 1 Date of Birth(Required)

Minor 2 Name(Required)

First Last

Minor 2 Date of Birth(Required)

Minor 3 Name(Required)

First Last

Minor 3 Date of Birth(Required)

Minor 4 Name(Required)

First Last

Minor 4 Date of Birth(Required)

Minor 5 Name(Required)

First Last

Minor 5 Date of Birth(Required)

Minor 6 Name(Required)

First Last

Minor 6 Date of Birth(Required)

ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND RELEASE OF ALL LIABILITY(Required)

I agree to the assumption of risk and terms of liability outlined below.

1. DEFINITIONS: The person who is using the activity shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Marion/Shawnee National Forest KOA Holiday or any of [its/their] respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means using the water park and other KOA activities including but not limited to the floating obstacle course, paddle boards, pedal boats, kayaks, bounce pad, playground, water slide, swim deck, fishing pond, lake, docks, swimming beaches, hereinafter referred to as the "Activity".

2. RISKS OF ACTIVITY: The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow; tides; currents; wakes; drowning; entanglement; impacts; collisions with other participants; watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; marine and other wildlife; operator error; mental distress from exposure to any of the above; and negligence of others. The Undersigned acknowledge and understand that the description of the risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks.

3. RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK: In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:

(a) Release. The Undersigned hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against the RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.

(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury, and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

4. MINOR ACKNOWLEDGEMENT: In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

5. MEDICAL CARE: Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. MISCELLANEOUS: The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Illinois, and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state courts located in Johnson County, IL, and Undersigned expressly agree and consent to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

RULES AND REGULATIONS(Required)

I agree to the rules and regulations outlined below.

The following requirements are for your safety and the safety of others and are non-negotiable. Violators will be denied entry or asked to leave without a refund.

1. PASSES: All guests entering the designated water park area must have a valid session pass. Passes are specific to both date and time, so please verify your pass details before arriving to ensure they are correct. If you have purchased the wrong pass, please contact the Marion/Shawnee National Forest KOA Holiday immediately for assistance. We do not offer refunds for no-shows or incorrectly purchased passes.

2. WAIVERS: Guests entering the water park area must have a completed waiver on file. Guests under 18 years of age must have a waiver completed by their parent or legal guardian. Entry will not be granted without a completed waiver on file, and no refunds will be issued.

3. MINORS: Guests under 18 years of age must be accompanied by a supervising adult at all times; NO EXCEPTIONS.

4. LIFE JACKETS: All guests entering the water must wear a USCG-approved life jacket and keep it buckled at all times; NO EXCEPTIONS. Life jackets are included with your pass.

5. WEATHER: Marion/Shawnee National Forest KOA Holiday reserves the right to cancel activities and events at any time due to inclement weather conditions that are deemed unsafe for guests. In such cases, a refund will not be issued.

6. LIFEGUARDS: The Marion/Shawnee National Forest KOA Holiday does not have lifeguards on staff. By participating in any activities, all guests affirm their understanding and acceptance of the inherent risks and hazards involved. Guests are responsible for their own safety and the safety of their children while on the premises.

7. PROHIBITED: To ensure a safe and enjoyable environment, the following is strictly prohibited within the designated water park area:

• No coolers
• No smoking
• No jewelry
• No sharp objects
• No glass objects
• No rough play
• No dunking
• No diving
• No flips
• No swimming under inflatables
• No inappropriate swimwear
• No shoes on floating obstacle course
• No excessive loud music
• No inappropriate or offensive language

8. LAKE CONDITIONS: The Lake of Egypt is a natural lake, not a pool. Encounters with snails, leeches, fish, snakes, turtles, or other organisms are possible. To ensure your safety, please avoid drinking or swallowing the lake water.

9. WATERCRAFT: Kayaks, paddle boards, and paddle boats provided by the Marion/Shawnee National Forest KOA Holiday must be checked out with the safety coordinator and returned after use. All watercraft must be launched from the designated beach area and must remain within the Lake of Egypt. Please return kayaks, paddle boards, paddle boats, paddles, and life jackets immediately after use.

For safety, all guests using watercraft must wear a USCG-approved life jacket and keep it buckled at all times. This rule is strictly enforced with no exceptions. Life jackets are included with your pass.

10. CONSENT: By participating in activities at the Marion/Shawnee National Forest KOA Holiday, you consent to being photographed or recorded on video for promotional purposes without compensation.

Signature(Required)

By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I acknowledge that I have read and fully understand the terms of this agreement; voluntarily agree to be bound by this agreement; and certify that I am 18 years of age or older. My signature applies to all pages of this agreement.