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RIDING ON THE FLOWRIDER® IS AN EXTREME SPORT AND HIGH-RISK RECREATIONAL ACTIVITY. SHEET WAVE SURFING ON, OR IN PROXIMITY TO, THE FLOWRIDER MAY RESULT IN SERIOUS PHYSICAL OR MENTAL INJURY, SERIOUS INJURY TO HEAD, NECK, BACK, HIPS, ILLNESS OR DISEASE, PARALYSIS OR DEATH.

This document affects your legal rights. By writing your signature below, you acknowledge that a) if you are a first-time participant to the FlowRider, you are required to start by bodyboarding prior to stand-up riding, b) you have read and understood any and all instructions and signage having to do with the FlowRider attraction and c) you have read and understood the disclosure of risks, voluntarily and willingly accept those risks, and agree to be bound by all terms of this Release of Liability and Indemnity Agreement. 

My signature acknowledges that I, or the minor for whom I am a legal guardian, (collectively referred to as “I”, “me”, or “my”) have voluntarily chosen to participate in the sheet wave surfing attraction known as the FlowRider or use a BodyBoard or Flowboard (collectively referred to as the “Activities”) and to use the facilities at 947 Fence Post Road, Fruit Heights, Utah 84037, including but not limited to the FlowRider (collectively referred to as the “Facilities”).

In consideration of the permission to participate in the Activities and use the Facilities, I hereby acknowledge, agree, promise and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with WHITEWATER WEST INDUSTRIES LTD., FLOWRIDER INC., each of their lessors, parent companies, subsidiaries, related companies, Thomas J. Lochtefeld, Brian D. Neville, Rebecca L. Neville, each descendant of Brian D. Neville and Rebecca L. Neville, the owner of the property located at 947 Fence Post Road, Fruit Heights, Utah 84037, past and present, 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 each of them (collectively referred to as “Releasees”) as follows:

ACKNOWLEDGEMENTS OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily engage bear certain known and inherent risks and unanticipated risks that could result in SERIOUS PHYSICAL OR MENTAL INJURY, SERIOUS INJURY TO HEAD, NECK, BACK, HIPS, ARMS, LEGS, ILLNESS OR DISEASE, PARALYSIS OR DEATH OR OTHER DAMAGE to me or my property. I understand and acknowledge those risks may result in claims against Releasees. However, I am making an informed choice to voluntarily accept and assume such risks due to the thrills, excitement and benefits of the Activities, and I agree that the benefit of the Activities outweigh the risks, which include but in no way are limited to:

(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 suffered while riding these extreme sporting attractions; (3) latent or apparent defects or conditions of the Activities or the Facilities; (4) improper or inadequate instruction or supervision regarding the Activities or use of the Facilities (5) the behavior of co-participants; (6) 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 (7) first aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their agents or employees.

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 serious injury, paralysis, 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 Releasees are providing recreational services and that I am freely and voluntarily agreeing to be considered an active participant in this Activity.

VOLUNTARY ACCEPTANCE AND ASSUMPTION 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 Releasees and all other persons or entities affiliated therewith, 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 my active participation in the Activities or use of the Facilities, including, but specifically not limited to any and all negligence or fault of Releasees. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER and will apply to all current and future participation in the Activities or use of the Facilities. I understand that this RELEASE OF LIABILITY will prevent me, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury or death in the event of damage, injury or death arising from participation in the Activities or use of the Facilities. I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY Releasees, 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.

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. 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 the Second Judicial District Court, Davis County, State of Utah. Any disputes will be subject to and determined under the laws of the State of Utah.

I have taken the time to read this waiver and I understand its contents. I acknowledge that this document, in it of itself, has provided me the information necessary to understand my rights which I am hereby waiving.


July 21, 2025

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 sheet wave surfing on the FlowRider the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to Acknowledgements of Risks, Releases, and Indemnity Agreements. I am signing those documents, 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 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: WHITEWATER WEST INDUSTRIES LTD., FLOWRIDER INC., Brian D. Neville, Rebecca L. Neville, each descendant of Brian D. Neville and Rebecca L. Neville, the owner of the property located at 947 Fence Post Road, Fruit Heights, Utah 84037, past and present, each of their lessors, 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 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 sheet wave surfing on the FlowRider or use of the Facilities. I understand that this indemnity provision is in addition to (and not in lieu of) any other indemnity provision found in this document.


July 21, 2025

4864-3189-9898, v. 2 

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Second Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Third Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Third Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Fourth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Fifth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Sixth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Seventh Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Eighth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Ninth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Tenth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
To ensure accurate identification, please take and upload a clear picture of yourself (selfie) during the completion of this form.
Click to customize text box label
  
Valid file types: JPG, GIF, PNG, and PDF
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Information
Age
Are you a first-time participant of the FlowRider?*
No
Yes
Todays Date
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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