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FLOWRIDER RELEASE of LIABILITY

This waiver is for those who want to Stand Up and Surf, 

MUST BE AT LEAST 52" TALL TO STAND UP


I, the undersigned, hereby voluntarily release, discharge, waive and relinquish any and all claims or causes of action for personal injury, property damage, or wrongful death which may arise out of or in connection with my participation (or the minor for whom I am legal guardian) in the simulated sheet wave surfing attraction known as the FlowRider® located at SILVER RAPIDS WATERPARK at SILVER MOUNTAIN RESORT no matter how such injuries or damages may occur.

I UNDERSTAND AND ACKNOWLEDGE THAT SHEET WAVE RIDING ACTIVITIES HAVE INHERENT DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE, AND I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY OR DEATH, WHETHER ,FORESEEABLE OR NOT, SUSTAINED IN CONNECTION WITH PARTICIPATING ON OR AROUND THE WAVE LOCH FLOWRIDER®.

Moreover, the fact that I am here proves that the benefits provided by the FlowRider®, for me, outweigh the described risks. In consideration of thebenefits received, I further agree, and hereby forever release and discharge WAVE LOCH, INC.; WAVE LOCH FEDERATION; WAVE HOUSE; THOMAS J. LOCHTEFELD; S&W LLC DBA Silver Mountain Resort and it’s subsidiaries; and all of their respective officers, directors, members, agents, and employees (hereinafter collectively as "Releasees"), from any and all liabilities, claims, demands, or causes of action, present or future, known or unknown, that I or my heirs may hereafter have at any time for injuries, damages or death. Furthermore, under no circumstances will I nor any of my heirs, guardians, legal representatives and assigns present or future bring any claim for personal injury, property damage, or wrongful death against RELEASEES or any

officer, director, member, agent, servant or employee of RELEASEES, based upon RELEASEES ordinary and/or grossly negligent acts or omissions. Such waiver and release includes, but is not limited to those arising from 1) exercise or use of the Attraction, flowboards, or adjacent facilities; 2) patent, latent or hidden defective conditions in the Attraction, flowboards, or premises; 3) improper or inadequate instruction or supervision; 4) medical treatment rendered, or failed to be rendered by Releasees; 5) incidents in wet areas, such as Attraction surfaces, decks, matting, grating, or concrete; 6) equipment breaking or malfunctioning; 7) incidents in the parking facilities or common areas of the Site; 8) and any negligence, passive or active, on the part of Releasees. I further confirm that no sale, lease or bailment of a product is being created, and that Releasees are providing recreational services.

ACCORDINGLY, I WAIVE AND RELEASE RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF- ACTION THAT I, OR THE MINOR (WHO I AM SIGNING ON BEHALF OF), MAY HAVE IN CONNECTION WlTH THE FLOWRIDER®, ITS FLOWBOARDS, OR ASSOCIATED USE. I FURTHER AGREE TO DEFEND AND INDEMNIFY (INCLUDING ATTORNEYS FEES) RELEASEES, AND EACH OF THEM, FOR ANY CLAIM OR ACTION THAT IS BROUGHT AGAINST THEM RELATING TO, OR ARISING OUT OF, OR IN ANY CONNECTION TO, THE FLOWRIDER®, ITS FLOWBOARDS, OR ASSOCIATED USE.

I, individually, and/or on behalf of the minor participant listed below, also hereby agree to a blanket release of all rights related to my audio and photographic image that may arise out of my participation in activities on or around the FLOWRIDER® water attraction. 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 RELEASEES or any of their representatives or assigns.

For WAVE LOCH, INC., WAVE LOCH FEDERATION, WAVE HOUSE, and THOMAS J. LOCHTEFELD, this RELEASE shall be construed and enforced in accordance with the laws of the State of California, and any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this Agreement or my participation on the FlowRider®, shall be instituted only in the courts of the State of California with venue in San Diego County, San Diego, California.

I AM AWARE THAT THIS RELEASE IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING BELOW:


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
FLOWRIDER MINIMUM HEIGHT REQUIRMENTS:
Each participant wanting to surf on the Flowrider must be at least 52" tall. Participants shorter than 52" can still body board and do not need a waiver signed. By checking the box below, I understand the above statement to be true for all participants on this waiver. *
I as the Sole participant, or the Parent/Guardian of the above participants agree with the Minimum Height Requirement to surf on the Flowrider.

AFFIDAVIT OF PARENTAL OR LEGAL GUARDIANSHIP I, the undersigned, declare that I am the parent of, or the legal guardian of, a minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to participate on the FlowRider® the parent or legal guardian of the minor participant must signcertain legal documents, including but not limited to Waivers, Releases, Acknowledgment of Risks, and related documents. I am signing thosedocuments, freely, without any fraud or duress, and acknowledge that I have read and understand the same. In the event that it is determined that I amnot 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 defendand indemnify: WAVE LOCH, INC.; WAVE LOCH FEDERATION; WAVE HOUSE; THOMAS J. LOCHTEFELD; l and all of their agents, employees, officers, directors, and/or affiliated companies/entities, 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 activities at the FlowRider® Site.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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