NOTICE TO ALL USERS OF WILD WATERWORKS

Exclusion of Liability – Assumption of Risk – Jurisdiction

THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN THE EVENT OF INJURY

PLEASE READ CAREFULLY!

As a condition for the entry and use of Wild Waterworks’ water park and other on-site facilities, the ticket holder agrees as follows:

ASSUMPTION OF RISK

The ticket holder assumes all risk of personal injury, death or property loss or damage resulting from any cause whatsoever including but not limited to: the risks, dangers and hazards of the use of water park slides, pools, splash pads, Eazy River, volleyball courts and other facilities; collisions with natural or man-made objects, surfaces and other sliders and swimmers; slipping and falling on surfaces, stairs, platforms and other facilities; improper body positioning within the water slides or Eazy River; 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 contaminants, viruses or diseases; or negligence, breach of contract, or breach of statutory or other duty of care, including any duty of care owed under the Occupiers’ Liability Act, R.S.O. 1990, c. O.2, on the part of the City of Hamilton, the Hamilton Region Conservation Authority and their respective partners, affiliates, shareholders, directors, officers, employees, agents, independent contractors, subcontractors, representatives, volunteers, sponsors, participating municipalities, successors and assigns (hereinafter collectively referred to as the “Operator”).

WAIVER OF CLAIMS

The ticket holder agrees that the Operator shall not be liable for any such personal injury, death or property loss as described in the paragraph above and releases the Operator from any and all liability and waives any and all claims with respect thereto.

JURISDICTION

The ticket holder agrees that any litigation involving the Operator shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario. The ticket holder further agrees that these conditions and any rights, duties and obligations as between the Operator and the ticket holder shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction.