THIS DOCUMENT EFFECTS YOUR LEGAL RIGHTS, PLEASE READ CAREFULLY.
RIDING ON THE FLOWRIDER IS AN EXTREME SPORT AND HIGH RISK RECREATIONAL ACTIVITY KNOWN AS SHEET WAVE SURFING WHICH INVOLVES wave submersible pumps that create non-stop, flowing and curling waves over a soft-padded surface in an enclosed system.
PERSONS ON OR IN PROXIMITY TO THE FLOWRIDER MAY SUFFER SERIOUS PHYSICAL OR MENTAL INJURY, ILLNESS, DISEASE, OR DEATH.
My signature acknowledges that I ( or me, or my or Guest) have voluntarily chosen to participate in the sheet wave surfing attraction known as the FlowRider® or to use a Flowboard (collectively referred to as the Activities) and to use the facilities at The Westin Kierland Resort & Spa, Scottsdale, Arizona, including but not limited to the FlowRider® (the Facilities). In consideration for the permission to participate in the Activities and use the Facilities, I acknowledge, agree, promise and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with WAVE LOCH, INC. AQUATIC DEVELOPMENT GROUP, INC. Starwood Hotels & Resorts, HST Kierland LLC, each of their lessors, parent companies, subsidiaries, related companies affiliates and business concerns, past and present, and each of them, as well as each of their partners, trustees, directors, officers, members, intellectual property holders, agents, attorneys, servants and employees, independent contractors, past and present, and each of them (collectively, HOTEL),as follows:
ACKNOWLEDGMENTS OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily engage bear certain known risks and unanticipated risks that could result in PHYSICAL OR MENTAL INJURY, DEATH, ILLNESS OR DISEASE, OR DAMAGE to me or my property.
The WaveLoch FlowRider is a very aggressive white water attraction. You may unavoidably achieve body positions that result in personal injury during your participation in FlowRider operations. The tricks, stunts or body positions that you may attempt (or inadvertently achieve) will be based upon your real or perceived physical abilities and skill level. There is a risk of self inflicted injury or injury caused by others that can result from such tricks, stunts or body positions which exceed your skill level (and which may occur irrespective of your skill level). For instance, you may sustain injury as a result of striking surrounding ride elements, e.g., ride bottom, entry slide, ride vehicles, containment walls, entering/exiting riders, ride attendants, or other ride components. In addition, since the attraction and its ride vehicles (flowboards / bodyboards) may contain fiberglass, plastic, wood, metal or other hard and potentially dangerous materials, contact with them may also cause injury. Such ride vehicles may also have foot straps or board-to-body attachments that may cause injury. Furthermore, riding may result in the flow of water picking you up and pitching you head-over-heels onto a fiberglass sub-surface that is covered by one inch of foam or one-half inch of vinyl tube matting. After this initial dump you may subsequently collide into a padded retaining wall that lies directly in the path of water flow. This is risky. And although many before you have ridden unscathed, severe injury is possible.
I UNDERSTAND AND ACKNOWLEGE that various actions or inactions of HOTEL or conditions of the Activities or the Facilities may cause, PHYSICAL OR MENTAL INJURY, DEATH, ILLNESS OR DISEASE, OR DAMAGE to me or my property, including but not limited to: INJURY OR LOSS CAUSED DIRECTLY OR INDIRECTLY BY HOTEL, including the acts, fault, omissions or negligence in any degree of HOTEL in operating, supervising, inspecting, repair, or instructing or not instructing or enforcing rules or instructions to me or others in the use of the Facilities or Activities, the behavior of co-participants; accidents or incidents in the Facilities, including but not limited to accidents or incidents in wet areas, such as pool decks, tiled, concrete or other wet surfaces; and/or first aid, emergency treatment or services rendered or failed to be rendered by HOTEL.
I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated may also result in injury, death, illness, disease, or damage to me or to my property. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the Activities or use of the Facilities. Further, I acknowledge that I am not purchasing or leasing the attraction, but rather, am being afforded a non-exclusive right to use the attraction. Additionally, I acknowledge that Hotel is providing recreational services.
VOLUNTARY ACCEPTANCE AND ASSUMPTIONS OF RISK AND RESPONSIBILITY: I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES, AND RISK FOR INJURY, DEATH, ILLNESS OR DISEASE OR DAMAGE to me or to my property arising from the participation in the Activities or use of the Facilities.
RELEASE AND INDEMNITY: I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE HOTEL from any and all liability, claims, demands, actions or rights or action, which are related to, arise out of, or are in any way connected with the participation in the Activities or use of the Facilities, including, but specifically not limited to any and all negligence or fault of HOTEL.
I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY HOTEL, and all other persons or entities from all defense costs, including attorneys fees, or any other costs incurred in connection with claims for mental or bodily injury, wrongful death or property damage that may be filed by me, my child, my heirs or my estate. Such indemnity and defense obligation shall further extend to any claim, loss or lawsuit which alleges that I negligently or intentionally caused any injury, death or damage to spectators or other third parties in the course of my participation in the Activities.
RELEASE OF ALL RIGHTS RELATED TO MY AUDIO AND PHOTOGRAPHIC IMAGE: I agree and understand that video of all persons using the FlowRider ® will be shown on Hotels FlowRider® TV channel in a real time, unedited format and that such video may also be broadcast on local or national television stations or on the internet. I also understand that still images of FlowRider® users may be used in promotional, advertising or marketing materials by Hotel.
I hereby agree to a blanket release of all rights related to my audio and photographic image that may arise out of my participation in the Activities or use of the Facilities. I understand that this release includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by Hotel. Further, I hereby grant full permission for Hotel, to record any or all of my participation, and my name and likeness in the Activities for photos, motion pictures, TV, radio, Internet, recordings, videotapes, and other media, known or unknown, and to use them in perpetuity, no matter by whom taken or recorded, in any manner, without any reimbursement of any kind due to me, or the need to pay me any fee whatsoever. I agree that Hotel will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the recordings and the results and proceeds of my participation hereunder (Materials). I agree that the Materials shall constitute a work made for hire pursuant to the United States Copyright Act. To the extent any of the Materials are not considered a work made for hire, I hereby assign all rights in the Materials to Hotel. Such assignment shall be deemed irrevocable and coupled with an interest.
ENTIRE AGREEMENT, SEVERABILITY AND VENUE: I understand that this is the entire Agreement between the undersigned and Hotel, and that it cannot be modified or changed in any way by the representations or statements of Hotel or any employee or agent of Hotel, or by the undersigned. I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in a court in the County of Maricopa, State of Arizona or alternatively, in a court of competent jurisdiction in the State of Arizona. Any dispute will be subject to and determined under the laws of the State of Arizona.
I UNDERSTAND THAT BY SIGNING BELOW I AM GIVING UP THE RIGHT TO MAKE ANY CLAIM OR RECEIVE ANY COMPENSATION FOR ANY REASON IF I SUFFER ANY PROPERTY DAMAGE, INJURY OR DEATH WHILE USING THE FLOWRIDER® EVEN IF SUCH PROPERTY DAMAGE, INJURY OR DEATH WAS CAUSED BY THE FAULT OF HOTEL.
I have read this entire document, understand it completely, and agree to be bound by its terms.
NOTICES, INSTRUCTIONS & WARNINGS
- This is a very strenuous ride. The moving water is extremely turbulent.
- Bodyboarding or Flowboarding on this sheet wave is a body-active, participatory sport. As with all sports, care must be taken to avoid a mishap.
- Riders must be in good physical condition and free from any physical limitations to participate. Pregnant women and persons with or having a history of heart, back, neck, shoulder or joint problems should not ride.
- Jewelry, hats, foot wear, eye glasses, or loose articles of any type should not be worn on the ride as they may injure the participant.
- Bathing suit tops, bottoms and loose clothing may be pulled off by the flowing water.
- Avoid jumping into or entering the ride at high speed YOU WILL WIPE OUT!
- Steer your board into the center of the flowing water. You can control your board by gently shifting your weight. Try to keep your board pointed in the direction of the oncoming flow of water.
- If you wipe out, do not hold your board. Release board immediately, cover your head, and keep limbs close to body and try to brace for impact with feet first.
- Single riding only is permitted. No tandem riders or multi-person riding is allowed.
- To reduce the risk of a tear, finger and toe nails should be short.
- Rider should be barefoot as water shoes may get caught on the ride and injure the participant.
- The ride surface of this ride is very slippery. DO NOT attempt to walk on the ride surface. You may only stand to walk and exit after coming to a complete stop on the dark blue drain grating.
- OBEY THE RIDE ATTENDANT(S) AT ALL TIMES.
I have read the Notices, Instructions & Warnings and agree to be bound by its terms.