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FlowRider®

Voluntary Acknowledgement of Risks, Release of Liability, and Indemnity Agreement

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

PLEASE READ IT CAREFULLY.


This agreement in entered into between Guest and Boca Owner, LLC and each of its 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 (hereafter, “Resort”).


THE FLOWRIDER IS A VERY AGGRESSIVE WHITE-WATER ATTRACTION. RIDING ON THE FLOWRIDER® IS A HIGH-RISK EXTREME SPORT AND 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.


Guest acknowledges that Guest has voluntarily chosen to participate in the sheet wave surfing attraction known as the FlowRider® or to use a Flowboard™ at The Boca Raton, (collectively referred to as the “Activities”). In consideration for the permission to participate in the Activities, Guest acknowledges, agrees, promises and covenants on behalf of Guest, their heirs, assigns, personal representatives, and estate as follows:


Guest understands and acknowledges that the Activities in which Guest is about to voluntarily engage bear certain known risks and unanticipated risks that could result in physical or mental injury, death, illness, disease, or damage to Guest or Guest’s property.


Guest may unavoidably achieve body positions that result in personal injury during their participation in Activities. The tricks, stunts, or body positions that Guest may attempt (or inadvertently achieve) will be based upon Guest’s 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 Guest’s skill level (and which may occur irrespective of Guest’s skill level). For instance, Guest 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 Guest up and pitching Guest 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 which Guest may subsequently collide into a padded retaining wall that lies directly in the path of water flow. This is risky, and although many persons before Guest have ridden unscathed, severe injury is still possible.


Guest understands and acknowledges that various actions or inactions of Resort or conditions of the Activities may cause, physical or mental injury, death, illness, disease, or damage to Guest or Guest’s property, including but not limited to: injury or loss caused directly or indirectly by Resort, including the acts, fault, omissions or negligence in any degree of Resort in operating, supervising, inspecting, repair, instructing or not instructing, or enforcing rules or instructions to Guest or others in the use of the Activities, the behavior of co-participants, accidents or incidents, 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 Resort. Guest understands and acknowledges 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 Guest or Guest’s property. Guest further acknowledges that Guest is 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. Guest also acknowledges that Guest is not purchasing or leasing the attraction, but rather, is being afforded a non-exclusive right to use the attraction. Further, Guest acknowledges that Resort is providing recreational services.


Guest expressly and voluntarily agrees, covenants, and promises to accept and assume all responsibilities, and risk for injury, death, illness, disease or damage to Guest or Guest’s property arising from the participation in the Activities.


GUEST AND RESORT AGREE THAT GUEST WILL INDEMNIFY, HOLD HARMLESS, COVENANT NOT TO SUE, WAIVE, DISCHARGE, AND RELEASE RESORT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES, COSTS, OR EXPENSES OF EVERY KIND, MADE OR INCURRED BY ANYONE, INCLUDING ALL CLAIMS AND CAUSES OF ACTION BASED ON THE SOLE, JOINT, ACTIVE, PASSIVE, DIRECT, AND/OR INDIRECT NEGLIGENCE OF RESORT, ARISING OUT OF OR IN ANY WAY RELATED TO: PARTICIPATION IN THE ACTIVITIES, ANY PERFORMANCE OR OBLIGATION UNDER THIS AGREEMENT, ANY ACTIONS OR OMISSIONS CONCERNING OR RELATED TO THE ACTIVITIES, AND/OR ANY PROPERTY DAMAGE, ILLNESS, BODILY INJURY, OR DEATH THAT ARISES OUT OF ANY OF THE PRECEDING.


ADDITIONALLY, GUEST AGREES THAT ITS INDEMNIFICATION OBLIGATIONS SHALL INCLUDE, WITHOUT LIMITATION, ALL ATTORNEYS’ FEES AND COSTS INCURRED BY RESORT THROUGH AND INCLUDING ANY APPEALS. GUEST AND RESORT AGREE THAT GUEST’S INDEMNITY OBLIGATIONS SHALL NOT EXTEND TO RESORT’S OWN WILLFUL AND WANTON NEGLIGENCE, OR RESORT’S OWN GROSS NEGLIGENCE.


FURTHER, GUEST’S INDEMNIFICATION OBLIGATIONS SHALL EXTEND TO ANY CLAIM, LOSS OR LAWSUIT WHICH ALLEGES THAT GUEST NEGLIGENTLY OR INTENTIONALLY CAUSED ANY INJURY, DEATH OR DAMAGE TO SPECTATORS OR OTHER THIRD PARTIES IN THE COURSE OF GUEST’S PARTICIPATION IN THE ACTIVITIES.


Guest agrees and understands that video of all persons using the FlowRider® will be shown on Resort’s FlowRider® TV channel in a “live, real time, and unedited” format and that such video may also be broadcast on local or national television stations or on the internet. Guest also understands that still images of FlowRider® users may be used in promotional, advertising or marketing materials by Resort.


Guest hereby agrees to a blanket release of all rights related to Guest’s audio and photographic image that may arise out of Guest’s participation in the Activities. Guest understands that this release includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by the Resort. Further, Guest hereby grants full permission for Resort, to record any or all of Guest’s participation, and Guest’s 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 Guest, or the need to pay Guest any fee whatsoever.


Guest agrees that Resort 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 Guest’s participation hereunder (“Materials”). Guest agrees 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,” Guest hereby assigns all rights in the Materials to Resort. Such assignment shall be deemed irrevocable and coupled with an interest.


Guest understands that this is the entire Agreement between Guest and Resort, and that it cannot be modified or changed in any way by the representations or statements of Resort or any employee or agent of Resort, or by Guest. Guest understands and agrees 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. Guest agrees that any action or suit will be brought in a court in Palm Beach County, State of Florida or alternatively, in a court of competent jurisdiction in the State of Florida. Any dispute will be subject to and determined under the laws of the State of Florida.


GUEST UNDERSTANDS THAT BY SIGNING BELOW GUEST IS GIVING UP THE RIGHT TO MAKE ANY CLAIM OR RECEIVE ANY COMPENSATION FOR ANY REASON IF GUEST SUFFERS ANY PROPERTY DAMAGE, INJURY OR DEATH WHILE USING THE ACTIVITIES, EVEN IF SUCH PROPERTY DAMAGE, INJURY OR DEATH WAS CAUSED BY SOLE, JOINT, ACTIVE, PASSIVE, DIRECT, AND/OR INDIRECT NEGLIGENCE OR FAULT OF RESORT.


Notices, Instructions, and Warnings


1.     This is a very strenuous ride. The moving water is extremely turbulent.

2.     Bodyboarding or Flowboarding on this sheet wave surfer is a body-active, participatory sport. As with all sports, care must be taken            to  avoid a mishap.

3.     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.

4.     Jewelry, hats, footwear, eyeglasses, or loose articles of any type should not be worn on the ride as they may injure the participant, or          others.

5.     Bathing suit tops, bottoms, and loose clothing may be pulled off by the flowing water.

6.     Avoid jumping into or entering the ride at high speed – YOU WILL WIPE OUT!

7.     Steer the board into the center of the flowing water. You can control the board by gently shifting your weight. Try to keep the board              pointed in the direction of the oncoming flow of water.

8.     If you wipe out, do not hold the board. Release board immediately, cover your head, and keep limbs close to body and try to brace              for impact with feet first.

9.     Only single riding is permitted. No tandem riders or multi-person riding is allowed.

10.   To reduce the risk of a tear, finger and toenails should be short.

11.    Rider should be barefoot as water shoes may get caught on the ride and injure the participant.

12.   The ride surface is very slippery. DO NOT attempt to walk on the ride surface. You may only stand to exit after coming to a complete          stop on the dark blue drain grating.

13.   OBEY THE RIDE ATTENDANT(S) AT ALL TIMES.

14.   Guest agrees to carefully read notices, instructions, and warnings as they contain information important to both Guest safety and the          safety of others.


GUEST HAS READ THIS ENTIRE DOCUMENT AND AGREES TO BE BOUND BY ITS TERMS




First Participant's Name

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Middle Name

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Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

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

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Middle Name

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

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

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

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

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

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

First Name*

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

First Name*

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

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Emergency Contact

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Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
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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

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Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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