Terms and Conditions

Park Rules and T&C’s

Welcome to the Kernow Adventure Park website, this site is owned and operated by Kernow Community Leisure Ltd.

These Terms of Use, along with policies and guidelines located throughout the Kernow Adventure Park website identify what users of the Park and it’s facilities can expect and what we expect from users. By accessing any areas of the Kernow Adventure Park website, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Kernow Adventure Park website.

Definitions

This agreement is between Kernow Adventure Park located at Kessel Quarry, Halvasso and you the customer.

“We, Us or Our” means Kernow Adventure Park

“You or Your” means you the customer or group booking

Sessions & Group Bookings

Season Passes & Bulk Buys

Promotional & Gift Vouchers

Park Rules

Appropriate Kit and Swimwear

Kernow Adventure Park will provide the necessary loan kit required for use of the Wake Board facilities, customers are requested to take care of the loan kit and inform a member of staff if they notice and damage to it. While customer are welcome to bring and use their own kit on the understanding that Kernow Adventure Park accepts no responsibility for loss, damage or theft regardless of the circumstances. When using the Wipeout course you will need to provide your own swimwear, goggles etc. Kernow Adventure Park has no loan towels so we recommend you bring your own.

Bringing Your Own Food and Drink

As we have a number of catering facilities available, we do not allow guests to consume their own food and drink on our premises. If you have any special dietary requirements that need to be met please let us know, as far in advance as possible it may be the case that we can cater for them for you.

Supervision of children

All visitors under 18 must be accompanied by adults and cannot be left at the park unsupervised, our staff are very busy and are not able to supervise children on your behalf. We do not offer any child minding services and accept no responsibility for your child’s welfare.

Cancellation

In all cases of cancellation please let us know as soon as possible by phone, email or if necessary in writing. If sessions/bookings are cancelled with less than 7 days notice no refunds will be made, if 7 days or more notice is given Kernow Adventure Park will refund 50%.

Privacy Policy

Kernow Adventure Park respects the privacy of its Users. The terms and conditions of the Kernow Adventure Park ‘s Privacy Policy are incorporated herein by reference.

Electronic Devices

Kernow Adventure Park allows the use of certain electronic devices i.e. GoPro’s, cameras and mp3 players, whilst on the water or using the rides, as long as they are waterproof and the customer understands that we accept no responsibility for loss, damage or theft and are not liable in any way.

Content Proprietary Rights

User acknowledges that the Kernow Adventure Park website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the United Kingdom (England & Wales) copyright laws, and Kernow Community Leisure Ltd owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed. Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Third-Party Content

In some instances, the Content available through the Kernow Adventure Website website represents the opinions and judgments of the respective third party providing such Content. Kernow Community Leisure Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Kernow Adventure Park website by anyone other than Kernow Community Leisure Ltd. Under no circumstances shall Kernow Community Leisure Ltd, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Kernow Adventure Park website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Kernow Adventure Park website.

Termination of Usage

Kernow Community Leisure Ltd may suspend or terminate any User’s access to all or any part of the Kernow Adventure Park website including any account thereon, without notice, for any reason in Kernow Community Leisure Ltd ‘s sole discretion.

Disclaimers and Limitation of Liability

The Kernow Adventure Park website IS PROVIDED BY Kernow Community Leisure Ltd ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Kernow Community Leisure Ltd DISCLAIMS ALL IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, Kernow Community Leisure Ltd MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF the Kernow Adventure Park website, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT the Kernow Adventure Park website WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH the Kernow Adventure Park website; OR (IV) THAT the Kernow Adventure Park website, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Kernow Community Leisure Ltd ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, Kernow Community Leisure Ltd DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO the Kernow Adventure Park website OR ANY RELATED SERVICES. THE OPERATION OF the Kernow Adventure Park website MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Kernow Community Leisure Ltd.

UNDER NO CIRCUMSTANCES SHALL Kernow Community Leisure Ltd BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE the Kernow Adventure Park website, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM the Kernow Adventure website OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Kernow Community Leisure Ltd ‘s RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH the Kernow Adventure Park website. CERTAIN COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Acknowledgement

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Kernow Community Leisure Ltd regarding User’s relationship with Kernow Community Leisure Ltd and supersedes any prior statements or representations. When using the Kernow Adventure Park website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

Waiver and Disclaimer

FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

 

Participants Name:  _____________________________________________________________

 

Date of Birth: ______/_____/_____                Age: __________                    Sex: _______________

 

Home Phone No: ________________________                

Mobile No: _____________________

 

Emergency Contact (Name & Number): ____________________________________________

 

Home address: ________________________________________________________________

 

County: ___________________________        Post Code:________________________________

 

Email Address: ________________________________________________________________

 

Signature:  ____________________________________________________________________

 

 

NOTE 1: If the Participant is under 18 the Participant’s parent or guardian must sign on their behalf.

NOTE 2: A signature on the above line denotes acceptance of all of the following terms.

 

In consideration of the mutual covenants herein, and other valuable consideration, receipt of which is hereby acknowledged by Kernow Community Leisure Ltd (the Operators) the Participant and (if under 18 years) his or her parent or legal guardian (collectively called the Participant) enter into this agreement with the Operators on the date set out below:-

WHEREAS:

The Operators operate a cable wakeboard park in a flooded quarry void and surrounding area at Kessel Quarry (“the Premises”) using cable equipment to pull riders through the water, all subject to the rules, terms and conditions and fees that may be established from time to time by the Operators. (“cable facilities”). 2. Minimum Age for Participants is 6yrs.

THE PARTICIPANT IS AWARE AND UNDERSTANDS THAT CABLE PULLED WATER SPORTS ARE AN INHERENTLY DANGEROUS SPORT ACTIVITY AND ACCEPTS THAT HE OR SHE MAY BE EXPOSED TO RISKS AND DANGERS WHICH MAY OR MAY NOT BE FORSEEN OR KNOWN ABOUT BUT WHICH CAN CAUSE SERIOUS INJURY OR DEATH.

Acknowledgement of Risks and Assumption of Full Responsibility.

The Participant acknowledges that such risks include, but are not limited to, drowning, falling, colliding with the shore, submerged or floating objects/ debris/ anchor ropes, presence of insects, bacteria, algae, fish and amoebas in the water, becoming entangled in the rope or handle, extreme physical stress from being pulled across the water by the cable facilities at high speeds which may be at twice the cable speed, jumping high into the air, flipping, and riding over manmade and natural objects, jump ramps, sliders, buoys, and other obstacles, being struck by other riders or the handle, propeller injuries, equipment injuries, breaking of wakeboards and wakeskates, trip hazards located on the land, docks and clubhouse and the potential for contracting illness or diseases such as Weils Disease, Ecoli etc..

As a result of the understanding and appreciation of the great risks involved with these activities, the Participant agrees to assume and bear full responsibility and sole liability for any death, bodily injury, illness or other losses or property damage occurring on the premises or from the use of the cable facilities that are sustained by the Participant. The Participant also acknowledges that he or she is fully aware that severe social and economic loss may result from the action or inactions of the Participant while engaged in this activity and agrees to bear full responsibility therefore.

Certification of Ability and Physical Condition / Ride Under Control.

The Participant certifies to the Operators that he or she is above 6 years of age and has the requisite skill, strength and understanding to be able to be pulled by the cable facilities for wakeboarding, wakeskating and other such related activities, and that the participant has carefully inspected and is familiar with the Premises and cable facilities, finds them safe and suitable for participant’s purposes and upon inspection of the cable facilities and equipment used, will immediately report any unsafe or defective condition. The Participant agrees to ride always in a safe and controlled manner, within his or her limits and to steer clear of obstacles over which he or she does not intend to ride. The Participant agrees to follow all rules posted by the Operators and understands that he or she has been advised to wear a helmet and buoyancy aid at all times. Participants may bring and use their own kit, entirely at their own risk.

Covenant not to Sue and Agreement to Indemnify the Operators.

The Participant, on behalf of himself/ herself and his or her heirs and personal representatives hereby covenants not to bring any claim for death, injury or any other loss whatsoever (including costs) and without limitation (save in respect of negligence based claims) against the Operators, their staff and landlords or to execute upon any judgement against them and releases them from liability for any such claims and specifically agrees to fully indemnify the Operators against any and all losses or legal costs (including wasted costs) and damages or compensation payments that they may incur in defending any such claim instigated by or on behalf of the Participant or his or her estate including, for the avoidance of doubt, any negligence based claim.

Photo Release.

The Participant grants the Operators the permission to photograph, video and audio record the participant whilst on the Premises or using the cable facilities and grants the Operators the perpetual right to use and reproduce, for any purpose and without compensation to the Participant, any photographs, digital or electronic images, audio recordings, movies or videos taken of the Participant while at the Premises.

I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT I AM VOLUNTARILY ASSUMING ALL RISK FOR THE ABOVE ACTIVITIES AND IN RESPECT OF THE CONDITION OF THE PREMISES AND THE CABLE FACILITIES, THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND THAT I HAVE SIGNED THE AGREEMENT VOLUNTARILY. I WARRANT THAT THE RIDER’S BIRTHDATE STATED ABOVE IS TRUE. I AGREE THAT THIS AGREEMENT WILL REMAIN VALID FOR UP TO 12 MONTHS (AND BEYOND IF I FAIL TO SIGN A NEW ONE BUT CONTINUE TO RIDE) AND WILL FORM THE BASIS FOR ALL RIDING DONE BY THE PARTICIPANT AT THE PREMISES DURING THAT PERIOD. I AUTHORISE THE OPERATORS TO SEEK ON EITHER MINE OR MY CHILD’S BEHALF ALL REASONABLE MEDICAL AND SURGICAL CARE THAT MAY BE NECESSARY AS A RESULT OF ANY INJURY SUSTAINED WHILE AT KERNOW WAKE PARK. I HAVE SIGNED ABOVE IN ACCEPTANCE OF ALL OF THE ABOVE TERMS.