Terms of Service - AquaFun Water Park

1. Acceptance of Terms

By accessing or using the AquaFun Water Park facilities, services, website, or mobile applications (collectively, the "Services"), you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, please do not use our Services. These Terms apply to all visitors, users, and others who access or use the Services. The Services are offered subject to your acceptance of these Terms and all other operating rules, policies, and procedures that may be published by AquaFun.

2. Modification of Terms

AquaFun reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

3. Eligibility and Accounts

To use certain features of our Services, you may be required to register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information updated. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify AquaFun immediately of any unauthorized use of your account or any other breach of security. AquaFun will not be liable for any loss or damage arising from your failure to comply with this section.

4. Safety Rules and Regulations

While using our water park facilities, you agree to comply with all posted safety rules, signs, and staff instructions. These include, but are not limited to, height and weight restrictions, health advisories, proper attire requirements, and behavioral expectations. AquaFun reserves the right to refuse entry or remove any person who fails to comply with these rules and regulations. Safety is our top priority, and these rules exist to ensure all guests can enjoy our facilities in a safe environment.

5. Bookings and Cancellations

Tickets and reservations purchased through our website or other channels are subject to our booking and cancellation policies. Standard admission tickets are non-refundable but may be rescheduled with at least 48 hours' notice before the scheduled visit date, subject to availability. Special event tickets, group bookings, and season passes have specific terms that will be provided at the time of purchase. AquaFun reserves the right to close attractions or the entire park due to weather conditions, maintenance, or other circumstances beyond our control. In such cases, our rain check policy will apply.

6. Intellectual Property

The content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by AquaFun, its licensors, or other content suppliers and are protected by international copyright, trademark, patent, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services without our prior written consent.

7. User-Generated Content

Our Services may allow you to post, link, store, share, or otherwise make available certain information, text, graphics, videos, or other material. By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing the Services. You represent and warrant that you own or control all rights to the User Content and that its publication will not infringe upon or violate the rights of any third party.

8. Prohibited Activities

You agree not to engage in any of the following prohibited activities: (1) using the Services for any illegal purpose or in violation of any local, state, national, or international law; (2) harassing, threatening, or intimidating any other users of the Services; (3) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (4) interfering with or disrupting the Services or servers or networks connected to the Services; (5) attempting to gain unauthorized access to any portion of the Services; (6) using any robot, spider, or other automated device to access the Services; or (7) using the Services in a manner that could damage, disable, overburden, or impair it.

9. Limitation of Liability

To the maximum extent permitted by applicable law, AquaFun, its affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Indemnification

You agree to defend, indemnify, and hold harmless AquaFun, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

11. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the state where the primary AquaFun facility is located, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts or the courts of the state where the primary AquaFun facility is located, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

12. Contact Information

If you have any questions about these Terms, please contact us at:

AquaFun Water Park
123 Splash Avenue
Watertown, FL 33001
Email: [email protected]
Phone: (555) 123-4567

13. Effective Date

These Terms of Service are effective as of January 1, 2023.