OKC RIVERSPORT • OKLAHOMA RIVER ADVENTURES • BOATHOUSE DISTRICT GROUNDS • CHESAPEAKE BOATHOUSE • DEVON BOATHOUSE • CHESAPEAKE FINISH LINE TOWER • CHK | CENTRAL BOATHOUSE • LAKE OVERHOLSER BOATHOUSE • STROUD HOUSE • THE SAILING CENTER AT HOBIE POINT • OKC MARINA at LAKE HEFNER • EXCHANGE BOATHOUSE
IN CONSIDERATION of being given the opportunity to participate in any OKC RIVERSPORT FOUNDATION (Foundation) activities ("Activity") including scheduled, supervised programs, rental activities and adventures, registered regattas, and any activity taking place in buildings or on grounds managed or owned by the Foundation during the policy term 12/31/19 – 12/31/20, I, ( for myself, or my minor child(ren)) for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree and represent that I understand the nature of Rowing, Kayaking, Dragon Boating, Canoeing, Pedal Boating, Stand-Up Paddle Boards, Fitness, Zip Lining, Rock Climbing, Bicycling, Whitewater Rafting, Surfing, Tubing, Fishing and Adventure Sports, both on water and land based, and that I (or my minor child), am (is/are) qualified, in good health, and in proper physical condition to participate in such Activity.
2. AGREE AND WARRANT that I will examine and inspect each Activity in which I take part and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
3. FULLY UNDERSTAND that: (a.); ROWING, KAYAKING, DRAGON BOATING, CANOEING, PEDAL BOATING, STAND-UP PADDLE BOARDS, ZIP LINING, ROCK CLIMBING, BICYCLING, FITNESS ACTIVITIES, WHITEWATER RAFTING, SURFING, TUBING & ADVENTURE SPORTS INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, death, and exposure to water borne pathogens, bacteria, ameobae, and communicable disease ("Risks"); (b.) these Risks and dangers may be caused by my (or my minor child's) own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releases names below; (c.); there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my or my minor child's participation in the Activity.
4. HEREBY GRANT to the Foundation and their subcontractors (which includes employees, agents, successors, licensees and assigns), the irrevocable right and license to use my likeness as photographed and/or videotaped during participation in boathouse activities; and to use or authorize the use of such images or any portion thereof in any manner or media at any time in perpetuity, and to use my name and likeness therewith, including promotion in all media.
5. HEARBY RELEASE, discharge, covenant not to sue USRowing, Metro Technology Centers, American Canoe Assoication, US Rafting Association, Oklahoma City University, University of Central Oklahoma, the Oklahoma City Riversport Foundation, OKC Kayak, MidAmerica Rescue Company, Central Oklahoma Transportation & Parking Authority, Hornblower Marine Services, City of Oklahoma City, their administrators, directors, agents, officers, volunteers and employees, other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Activity takes place, (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; release and discharge them from any and all claims whatsoever in connection with the use of my (or my minor child’s) image; and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
RIDING ON THE FLOWRIDER® IS AN EXTREME SPORT AND HIGH RISK RECREATIONAL ACTIVITY. SHEET WAVE SURFING OR BOOGIE BOARDING ON OR IN PROXIMITY TO THE FLOWRIDER INVOLVES HIGH SPEED WATER, FALLING, COLLISIONS WITH THE EQUIPMENT AND THE VEHICLE, MAY RESULT IN PHYSICAL OR MENTAL INJURY, ILLNESS OR DISEASE, OR DEATH. BY SIGNING THIS WAIVER: My signature acknowledges that for myself and/or the minor for whom I am a legal guardian, (collectively “Participants”) have voluntarily chosen to participate in the recreational activity of a sheet wave surfing attraction known as the FlowRider either using a boogie board or a flowboard (collectively referred to as the “Activities”) and Participants UNDERSTAND AND ACKNOWLEDGE that they EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES, for certain known RISKS and unanticipated RISKS associated with the Activities. Participants UNDERSTAND AND ACKNOWLEDGE those RISKS may result in claims for injuries and damages, however, Participants are making an informed choice, (by reading all signage, watching the Safety Training Video, informing the attendants of Participants experience with the Activity, and asking any questions that Participants have), to voluntarily accept such RISKS. Because of the thrills, challenges and benefits of the Activities, and the Participants agree that the benefits of participation in the Activities outweigh the RISKS. RELEASE OF CLAIMS: Therefore, Participants hereby acknowledge, agree, promise and covenant on behalf of themselves, their heirs, assigns, personal representatives and estate to RELEASE, HOLD HARMLESS and COVENANT NOT TO SUE FLOWRIDER, INC. AQUATIC DEVELOPMENT GROUP, INC., WHITEWATER WEST INDUSTRIES, LTD., USRowing, Metro Technology Centers, American Canoe Association, USRafting Association, Oklahoma City University, University of Central Oklahoma, Oklahoma City Boathouse Foundation, Riversport Foundation, OKC Kayak, MidAmerica Rescue Company, Central Oklahoma Transportation & Parking Authority, Hornblower Marine Services, City of Oklahoma City, owners and lessors in which the activity takes place andeach of its parent companies, subsidiaries, related companies , business concerns, past and present, and each of them, as well as each of their partners, trustees, administrators, directors, officers, members, insurers, intellectual property holders, agents, attorneys, servants, volunteers and employees, regatta organizers, and sponsor, advertisers past and present, and each of them (collectively referred to as “Releasees”) from any and all claims, demands, damages, and causes of action, of every and all kinds, in law, equity or otherwise, whether now known or unknown, identified or unidentified, anticipated or unanticipated, (“Claims”) based on, related to or by reason of Participants participation in, and including any and all RISKS associated with, the Activities. Participants UNDERSTAND THIS IS A WhiteWater , Riversport OKC RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply to all current and future participation in the Activities. INCLUDED IN THE RELEASED MATTERS are Claims related to the following listed RISKS which are presented for clarification and information, but which Participants UNDERSTAND AND ACKNOWLEDGE is not a complete or exhaustive list: LIST OF RISKS: (1) The acts, omissions or negligence in any degree of Releasees, or their agents or employees; (2) the risks inherent in the Activities, including but not limited to any injuries such as a) broken bones, b) dislocations, c) torn ligaments and tendons, d) sprains and strains, e) cuts to the head, body and/or limbs, f) torn nails, and g) bumps and bruises, h) death, suffered while participating in the ACTIVITIES, which are understood to be extreme sporting attractions; (3) latent or apparent defects or conditions of the Activities; (4) improper or inadequate instruction or supervision regarding the Activities (5) the behavior of co-participants; (6) first aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their agents or employees, (7) any design, installation or manufacturing defects in the Flowrider, (8) design or manufacturing defect in a Flowrider, Inc. flowboard, and (9) any and defect, shortcoming, or inadequacy of any Flowrider signage, training, or instructional videos. PHYSICAL CONDITION: 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, and by Participants’ observing the Activities in person and watch the Safety Training Video will allow Participants to determine if they capable of participating in the Activity. I FURTHER AGREE, TO INDEMNIFY Releasees, 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 Participant, the minor for whom I am a legal guardian, my heirs or my estate. Such indemnity and defense obligation shall further extend to any claim, loss or lawsuit which alleges that Participants negligently or intentionally caused any injury, death or damage to spectators or other third parties in the course of Participants participation in the Activities. ENTIRE AGREEMENT, SEVERABILITY AND VENUE: I understand that this is the entire Agreement between the undersigned and Releasees, and that it cannot be modified or changed in any way by the representations or statements of Releasees or any employee or agent of Releasees, or by the undersigned. Participants 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. This document affects my legal rights and those of the minor for whom I am a legal guardian. By writing my signature below, I acknowledge that I have read and understood the disclosures of risks, voluntarily accept those risks, and agree to be bound by all terms of this Release of Liability and Indemnity Agreement
November 26, 2020
AFFIDAVIT OF PARENT OR LEGAL GUARDIAN I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to participate in the Activities the parent or legal guardian of the minor participant must sign certain legal documents, inamely this FLOWRIDER ACKNOWLEDGMENT OF RISKS, RELEASE OF CLAIMS AND INDEMNITY AGREEMENT. I am signing those documents, freely, voluntarily without any fraud or duress and acknowledge that I HAVE READ AND UNDERSTOOD THE ENTIRE AGREEMENT IN A TIMELY FASHION the above AGREEMENT CONFIRM YOU HAVE THE LEGAL RIGHT TO SIGN: In the event that it is determined that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify: FLOWRIDER, INC., AQUATIC DEVELOPMENT GROUP, INC., WHITEWATER WEST INDUSTRIES, LTD.] each of their parent companies, subsidiaries, related companies 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, past and present, and WhiteWater, and Riversport OKC each of them, if any litigation is instituted, as a result of any injury or death or claim for damage arising out of, relating to, or in any way connected with, minor’s participation in the ACTIVITIES. I understand that this indemnity provision is in addition to (and not in lieu of) any other indemnity provision found in this document.
November 26, 2020