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Ordinance No. 11,188 WAVE LOCH STAND-UP FEDERATION,WAIVER,RELEASE AND SIGNAGE AGREEMENT This Federation Agreement ("Agreement") is made and entered by and between Wave Loch, LLC, a California limited liability company having offices at 210 Westbourne Street,La Jolla,CA 92037("WAVE LOCH") and the City of Baytown ("OPERATOR"),and is effective as of the date of the last signature below. WAVE LOCH is the authorized rights holder to certain intellectual property(patents,proprietary information and know- how)involving sheet wave water ride attractions generally known as the"FlowRider®" (hereinafter"Attraction"); WAVE LOCH has nurtured development of a cross-platform board sport analogous to surfing / snowboarding / wakeboarding / skateboarding/ and skimboarding that involves a participant's use of stand-up 'flowboards' on the sheet wave Attraction. The sport commonly known as 'Flowboarding' is performed in a standing position with or without foot straps. Flowboards are commonly 12" wide by 42" long and made in laminate form from plastic,foam and wood analogous to a surfboard or wakeboard. To best promote the sport of 'Flowboarding,' WAVE LOCH has established a federation of Attraction facilities that desire to align their local marketing and advertising strategy with the national and international marketing and advertising strategy coordinated by WAVE LOCH; Federation participants understand that,in the long run,the alignment of local,national and international marketing and advertising strategy will result in increased media coverage and sponsorship revenues to all participants; OPERATOR understands that by joining the Wave Loch Federation,it shall gain the organizing benefit of the competitive rules and regulations promulgated by WAVE LOCH. Consistency in the sports organizing body will engender increased participation at the local level as well as motivate participants to aspire and possibly achieve national and international competitive recognition. OPERATOR acknowledges that increased participation (i.e., repeat business) equates to increased revenues and that competitive events are an excellent source of valuable local media and public relations; OPERATOR understands that there are costs associated with organizing and operating the Wave Loch Federation. To pay for these costs, WAVE LOCH solicits sponsor support from those companies that desire national or international media reach. To this end,WAVE LOCH requires that it retain a reservation of media and sponsor rights from each of its Federation participants specific to the sport of flowboarding. This Agreement sets forth the terms and conditions by which WAVE LOCH is authorized to retain such media and sponsor rights. In consideration of the mutual benefits described herein,the parties agree as follows: 1. DEFINITIONS: For purposes of this license agreement the following terms shall have the specific meanings as set forth below: 1.1. "Licensed Attraction" (or"Attraction") shall mean the sheet wave water ride attraction generally known as the "FlowRider®" sheet wave attraction. 1.2. "Attraction Images" shall mean all images, photographs, film reproductions, digital computer or internet reproductions or other likenesses of the Attraction,or any user on the Attraction. 1.3. "FlowRider Intellectual Property" (or "Intellectual Property") shall mean sheet wave Patents, proprietary information and know-how with respect to the Licensed Attraction. 1.4. "Competitive Events" shall mean flowboarding (stand-up riding) or body-boarding involving use of one or more Licensed Attractions and involving a cash prize. 1.5. "Site"shall mean the physical location of the Attraction,i.e.,Pirates Bay Water Park in Baytown,Texas. 1.6. "Stand-up Riding"shall mean riding the Attraction in a stand-up position(i.e.,flowboarding). 1 1.7. "Marks" shall mean specifically the FLOWRIDER® trademark and service mark substantially as set forth in EXHIBIT A hereto,whether appearing alone or in combination with any other marks(if any)as may be authorized by WAVE LOCH. 2. GRANT OF RIGHTS: 2.1 Subject to the terms,conditions and limitations set forth herein,WAVE LOCH hereby grants to OPERATOR,and OPERATOR hereby accepts a limited right and license to do the following: 2.1. use, advertise, maintain, operate, and promote the Attraction at the Site in accordance with this Agreement and the Design Documentation and Operations and Procedure Manual in effect on the date of this Agreement and provided by WAVE LOCH to OPERATOR; 2.2. it will not promote or use the Attraction or permit others to promote or use the Attraction in an unsafe manner or in a manner that is contrary to the above-referenced Design Documentation and Operations and Procedure Manual or the warnings and notices set forth in EXHIBIT B hereto; 2.3. it will not modify or alter the Attraction in any way (except for routine maintenance or adjustments as authorized herein) without the express prior written authorization of WAVE LOCH, which authorization shall not be unreasonably withheld, conditioned or delayed; 2.4. it will not increase or decrease the discharge flow rate or velocity of the Attraction beyond the limits specified in the above-referenced Operations and Procedure Manual for the Attraction; 2.5. it will post,maintain and enforce all required warnings and notices as set forth in EXHIBIT B hereto;and 2.6. it will conduct stand-up flowboard events under the Marks solely in accordance with the terms and conditions of this Agreement and the rules and regulations as promulgated by the Wave Loch Federation. 2.2 The rights and licenses granted herein are only as specifically enumerated above and no other rights are intended by the parties or shall be implied by this Agreement, by any custom in the trade or by any course or history of dealing between the parties. All other rights are reserved to WAVE LOCH. 2.3 WAVE LOCH grants the OPERATOR the right to use the Attraction Images in the ordinary course of its business to promote and advertise the Attraction so long as the OPERATOR uses the Attraction Images under the conditions of this Agreement and the reasonable safety-related rules and regulations as promulgated and updated by the Wave Loch Federation. WAVE LOCH shall provide such rules and regulations to the OPERATOR at least 30 days prior to the effective date thereof. 2.4 Without limitation,it is specifically agreed and acknowledged that nothing herein shall be construed as granting OPERATOR: 2.4.1.any ownership interest in or to the Intellectual Property,Attraction Images,or the Marks; 2.4.2.without prior written approval, any third-party advertising rights and sponsorship rights to the Attraction, Attraction Images, or the Marks (apart from OPERATOR's use of the Marks or Attraction Images to advertise and promote the Attraction to the general public at the Site); 2.4.3. any right to sublicense or divide any of the rights granted herein; 2.4.4. any merchandizing rights to the Attraction or the Marks (except as may be authorized by a separate Merchandizing Agreement,if any,entered into by the parties); 2 2.5 The rights and licenses granted herein are personal and non-assignable by the OPERATOR except as specifically authorized by WAVE LOCH in writing. 2.6 OPERATOR agrees to use the Marks in advertising and promoting the Attraction at the Site. 2.7 The OPERATOR agrees that for all riders,who stand-up ride using the FlowRider®,it will require such riders to sign a Release of Liability similar to the form attached hereto as EXHIBIT C. 3. USE AND OWNERSHIP OF THE LICENSED RIGHTS: 3.1. Great value is placed on the Marks and the goodwill associated with the Marks. Therefore, it is the intent of the parties that the terms and conditions of this Agreement shall be adequate and reasonable to assure the consuming public and the industry that the Attraction advertised and promoted by OPERATOR under the Marks is of the same consistently high quality as that offered by WAVE LOCH or others licensed under the Marks. Accordingly, OPERATOR shall use the Marks, if at all, only in the form and under the specific conditions as set forth herein. Without limitation OPERATOR agrees that: 3.1.1 it will advertise and promote the Attraction in compliance with all local,state and federal laws and shall at all times conduct its activities under this Agreement in a lawful manner; 3.1.2 it will abide by the policies and procedures established by WAVE LOCH regarding proper trademark usage in effect as of the date of this Agreement; 3.1.3 it will not engage or become involved in any activities that materially diminish or tarnish the image or reputation of the Marks or of WAVE LOCH; 3.1.4 it will apply the Marks uniformly and consistently with respect to the Attraction and all brochures and materials advertising or promoting the Attraction as WAVE LOCH shall from time-to-time reasonably specify in writing, which specification shall become effective only after providing 30 days written notice thereof to OPERATOR;and 3.1.5 it shall on all brochures and material distributed outside the U.S. include the following notice: "FLOWRIDER® is a registered trademark of Light Wave Ltd., Reno, Nevada, U.S.A. ALL RIGHTS RESERVED." 3.2. OPERATOR shall submit to WAVE LOCH for its prior approval any new uses of the Marks which have not previously been approved in writing, which approval shall not be unreasonably withheld, conditioned or delayed. WAVE LOCH may,in its sole discretion,prohibit OPERATOR from using the Marks on or in connection with the advertising or promotion of any goods or services which fail to conform to the standards set forth herein and reasonably prescribed by WAVE LOCH. After notification from WAVE LOCH,OPERATOR shall discontinue its use of the Marks in connection with any such substandard goods or services. 3.3. In no event shall OPERATOR have the right to modify the Marks or use them in combination with other marks not licensed herein,or use the Marks as a trade name,company name,trade style,d.b.a.or fictitious name. 3.4. All uses by OPERATOR of the Marks,whether authorized or not,shall inure solely to the benefit of WAVE LOCH. OPERATOR further agrees that it has not and will not seek to obtain,either directly or indirectly,any registration of the Marks in any countries and that any such registrations so obtained are hereby irrevocably assigned to WAVE LOCH. 3.5. OPERATOR agree to mark the Attraction with a patent notice in compliance with applicable patent marking requirements. The notice shall be substantially as follows: "This attraction licensed under one or more of the following U.S. Patents:4,564,190;4,792,260;RE 34,407;4,954,014; 5,171,101; 5,213,547; 5,236,280; 5,271,692; 5,401,117; 5,421,782; 5,393,170; 5,503,597; 5,564,859; 5,628,584; 5,738,590; 3 5,899,633;6,132,317;and corresponding foreign patents and other patents pending." 3.6. WAVE LOCH hereby represents and wan-ants to OPERATOR that OPERATOR'S use of the Licensed Attraction or WAVE LOCH'S or the Licensed Attraction's names and logos does not and will not infringe upon or violate the patent, trade mark, trade name, copyright, literary, artistic, dramatic or other property rights of any person, firm or corporation. OPERATOR, in return, agrees that it will not take any action, either directly or indirectly, challenging the validity of the Patents or the Marks or any other of the Licensed Rights or WAVE LOCH's lawful ownership or possession of the Licensed Rights anywhere in the world. 3.7. OPERATOR agrees to acknowledge in appropriate media and press releases the inventive origin for the Attraction,namely,Thomas J.Lochtefeld. 4. TERM AND TERMINATION: 4.4.1. This Agreement shall continue in effect so long as the Attractions are operating at the Site. 5. WAVE LOCH RESERVATION OF RIGHTS: All rights not expressly granted to OPERATOR are expressly reserved to WAVE LOCH, including each of the following: 5.1. The exclusive right to make and install Licensed Attractions or similar sheet wave structures outside the Site. 5.2. Title to all Attraction Images and the exclusive right to control all media,print,radio,television,video,interne, CD-ROM, DUD, DAT, film, still images, photographs and posters, including all copyrights and trade dress rights, movies, third-party advertising or sponsorships, or any other distribution media and production, in connection with any stand-up riding, Competitive Events or television/motion picture production; provided, however, that OPERATOR shall have the right to produce and distribute media advertising for the Site in the ordinary course of its business to promote and advertise the Attraction at the Site. 5.3. Web-broadcast: WAVE LOCH shall retain exclusive web-broadcast rights. WAVE LOCH grants to the OPERATOR a non-exclusive license to web-broadcast day-to-day non-professional/non-competitive event images. 6. WAVE RIDING CONTESTS OR EVENTS: 6.1. Wave Riding Contests: The Wave Loch Federation shall be the exclusive sanctioning body for all competitive sheet wave riding events (such wave riding events are referred to herein as "Competitive Events") held at the OPERATOR facility;provided,that the Wave Loch Federation shall at all times establish and maintain objective criteria for (1) membership; (2) cost reimbursement; and (3) guidelines and specifications for competitions. Subject to the foregoing provision,OPERATOR agrees to abide by all Wave Loch Federation guidelines,which have been provided in writing to OPERATOR BY WAVE LOCH,when conducting Competitive Events and that it shall not conduct any Competitive Events without a Wave Loch Federation sanction. 6.2. All body-boards and stand-up flowboards shall be purchased from WAVE LOCH,LLC,or shall otherwise be of a design and construction certified and approved by the Wave Loch Federation and produced by a Wave Loch Federation certified manufacturer. 7. MISCELLANEOUS: 7.1. Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the Unites States mail, postpaid and registered or certified, and addressed to the party to be notified,with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be 4 effective,unless otherwise stated in this Agreement,from and after the expiration of three(3)days after it is so deposited. For the purpose of notice,the addresses of the parties shall be as follows unless properly changed as provided for hereinbelow: CITY OF BAYTOWN Attn: City Manager P.O.Box 424 Baytown,Texas 77522-0424 WAVE LOCH Wave Loch,LLC Attn:President 210 Westboume Street La Jolla,CA 92037 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 7.2. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas,regardless of the place of its execution or performance.The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. IN WITNESS WHEREOF,WAVE LOCH and OPERATOR have executed this Agreement in one or more counterparts, each of which shall be deemed an original and all of which together will constitute one and the same instrument. To the extent there are any inconsistencies between this Wave Loch Federation Waiver,Release and Signage Agreement and any other previous versions of the Wave Loch Federation Agreement,this version shall control. OPERATOR: CITY OF B YTOW By: Dated: / l v `)a GARRISON C.BRU ;ACK,City Manager WAVE LOCH LLC By. Dated: / Marshall My • perating Officer 5 I EXHIBIT A WaveLoch,' Brand Resource Guide F , LoNivRIDER. fill POWERED BY WAVELOCH 0 W,AVELOCH ran resource guide 6 FlowRider`i° Trademark Standards Manual This document contains the graphic standards governing use In addition to or instead of using the 4v,when the word mark of the FLOWRIDER«,>trademarks. The FLOWRIDERH)trade- is used within any given sign,document,publication,ad or marks includes the following marks(both word marks and text,the following indication should be used to indicate that logos): the mark is a registered trademark of Wave The Planet,LLC • "FlowRiderciii is a registered trademark of Wave The Planet, FLOWRIDERoo LLC" Or FlowRideP i FlowRidereii or FLOVVRIDERO should be used as an adjective only. It should not be used as a verb or noun. The use of all marks must be uniform and consistent with respect to all applications. Wave Loch, Inc reserves the right to Correct: Come experience the FLOWRIDEFK!) reject any usage, in its sole discretion,for non-compliance with sheet wave water nde. these standards. Incorrect: FlowRidering is more fun than surfing. t. FLOWRIDER(!): Incorrect: FLOWRIDER is amazing! When using the FlowRiderr>or FLOWRIDEF;<ii)word marks: The FLOWRIDER0)trademarks must only be used in asso- FlowRiderzi!)and FLOWRIDERci)are written as one word ciation with its own source. It must not be combined with describing the Licensed Attraction. other trademarks in a manner that would make the source unclear or confusing. The following are examples of incorrect It is permissible to use all capital letters('FLOWRIDERc)"). and connect usage: tf lower case letters are used,then,the"F"in Flow,and the"R" in Rider,must be capitalized. Place i Immediately to the right Correct: Joe's Water Park'""featuring the of the word mark whenever it is used in a prominent manner. FLOWRIDER<i)water ride The registered mark symbol"<HY'should be used whenever or possible. Joe's Water Park featuring the FlowRidert->sheet wave water ride Correct, FlowRider0 or FLOWRIDER(0) (in different fonts) Incorrect: Flow Rider or flowrider or FLOW RIDER Incorrect Joe's Water Park-FLOWRIDER WAVELOCH' 7 BASIC ELEMENTS FlowRider Loqo Color Requirements Whenever possible our logo should appear in blue and gray.For black and white applications, it may be reproduced in black or reversed out Color Application white(on blue or black background). 0 FLOWiRIDER' POWERED BY N L CH Blue Gray Pantone 282 CMYK CMYK C:0 C:100 M:0 M:68 Y:0 Y:0 K:50 Black and White Application K:54 RGB RGB R:147 R:0 G:149 FLOWRIOER• G:45 B: 152 B:98 #:939598 POWERED BY WAIILOCH #:02D62 Reversed Out Application Black CMYK C:0 F LOWR I O E R M:0 WAVE n Y:0 K:100 RGB R:0 G:0 B:0 #:0000000 q WAVELtiCH' 8 BASIC ELEMENTS FlowRider') Logo Background The preferred placement of the logo in most On White-Preferred applications is on a white background. If you're placing the logo over an image, choose the area where the logo will be most F LOaVR ID E F °. prominent with neutral colors and less distraction from other elements, POWERED EY U.WdIL OCH On Blue 0 FLOWRIDER POWERED BY WAVE On Image V Ill OR, !,-DEI-r 01 ©WAVE LOCH' 9 BASIC ELEMENTS FlowRider ' Logo Clear Space and Minimum Size We have specified a minimum of clear Logo Space space to protect our logo and help it stand out with maximum impact. i FrJ The clear space should equal the height of I the uppercase"F'in the FlowRider logo when used by itself.This rule must be ■applied in all applications. FI..O\a , R I 1 I ,The minimum size requirement for the logo OWERED BY 1AAIILOCH• CJE��' 111 is 1.5"in length. 1 I I I Minimum Size FL01I0L, 1.5" '3WAVE LOCH' 10 BASIC ELEMENTS FlowRidei® Logo Do Not5 There is only one FlowRider Logo and other The FlowRider logo must never be altered in logos or symbols should not be developed any way.Always use the FlowRider logo and used in its place. electronic artwork that has been provided. Compliance is essential to establish a true On this page.there are a few examples of global brand.Keep in mind that the incorrect uses of the FlowRider logo. FlowRider logo is a registered trademark. fil POWERS M/VELJC- PEER f:i F RED RIDER' FL91FRILDER 1 LiD4 Do not change the Do not italicize the logo.. Do not remove the WaveLoch color of the logo- symbol or"Powered by WaveLoch'in the logo. 0FLOGVROqFLVcRoErOCH rill ',M.-11—,-1' POWERED ' :aCA14LOCFi POWEREYILJCrI J DWEREO HMIEL�IO—I Do not outline the logo. Do not add drop shadows Do not add color to the logo gradients to the logo. ® ifej EAEO 1M1� �IDEI 1' L 1DER• The Fi._o A ave attraction 0 / eR POWER Y Do not use logo in copy Do not place a border Do not place the around our logo. logo at an angle. it Is 0ED ER FL O ,�/RI OERered 9y veLoch �, x Do not typeset or recreate logo in another typeface. Do not place our color logo Do not place logo on a background other than on a busy background. white,unless there is enough contrast. '3WAVE 0CH' 11 FlowBider{1 logo Requirements The logo must always include the Preferred Logo Requirements appropriate trademark symbol(M. The core logo has been designed as the primary company logo.This preferred logo The trademark must be legible. should be used whenever possible. The blades in the symbol must be The"Powered by Waveloch"should never transparent,allowing the background be removed,altered or moved. to show through. The logo must never be squashed,twisted, cropped.or distorted from its original ratios and boundries. II=LowRIDER. If:8:9 POWERED BY WAVELOCH q WAV E LOCH brandresource guide 12 EXHIBIT B NOTICES, INSTRUCTIONS, &WARNINGS WHO CAN RIDE THE FLOWRI DERV For your safety, participate only if in good health.Only YOU know your physical condition or limitations. If you suspect that your health or safety could be risk,or you could aggravate a pre-existing condition of any kind,DO NOT RIDE! Minimum Requirements: •1 L1J L__ y>42'" n 1 >52" L ._s 'JCL must be at least You muss be at Ieus lbr mus:be able to svi m k 42"to boc,toarc Srto stand up ride Last moving trroulen:water Do NOT participate if you have any of the following conditions: a s ( 61 <erZ4i' a — 111111 41111111111)1 itrisios () Recen:Srrgery or I:rrs.s —ea!:Cor•dltfal Neck.Bac•o Bone a. ments Irl •6150 a )e;C -11. Pregrah_y High Blood Pressure J4dert'le 'th.enceot orAner.^rslhs Crugs cr Alcohol C Jill Maw i IIu Jgr•Ii....;Ilia.1.M$Awl•••..AU.Ito•pq....,..1.1p.....1L..Ai.•.....J Alm♦V.qu1s•r.l. 13 .••1111•ALP.Ii UM III 11.1101 1.II.II 5&ILI14,1,4!I M,.\IL:II:1 Y:.K'1 CPI:fi 1 WI W.1%M•W 1•.111LL.'.111.IP 11i1•fI( I1110J:ILO•1!i•LI 10 ILKJai 6 l•1.10,41666.106ari al II IIVA In. 1:i•JL•n•P.'W •■a•O P1 war N u:.l am /In pw►moan*s►a.1.....y.►die..wI Faulk m1 polio*r.mli..■...y.....J10. .._ A WARNING ,. ,....:_ . . WHAT ARE THE RISKS • : • RIDING THE FLOWRIDER IS AN EXTREME SPORT AND HIGH RISK RECREATIONAL ACTIVITY. YOU WILL FALL: 1 �! C _ .y 1 4 • FALLING MAY RESULT IN THE BOARD STRIKING YOUR BODY; OR YOUR BODY STRIKING THE SURFACE OF THE FLOWRIDER WITH GREAT FORCE: 't.---C; V � r I'I it • BEFORE ATTEMPTING TO RIDE, WATCH THE SAFETY VIDEO AND UNDERSTAND THE RISKS OF THIS ACTIVITY • READ AND OBEY ALL POSTED SIGNS AND PICTORIALS • OBEY ALL LIFEGUARD INSTRUCTIONS • FAILURE TO COMPLY WITH SIGNS OR INSTRUCTIONS MAY INCREASE THE RISK OF SEVERE PERMANENT INJURIES OR EVEN DEATH THERE ARE INHERENT RISKS IN THE PARTICIPATION OF ANY AMUSEMENT RIDE, DEVICE, OR ATTRACTION. YOUR PARTICIPATION IN THIS ACTIVITY IS VOLUNTARY, AND AS SUCH, YOU ARE ASSUMING SUCH RISKS. THE FOLLOWING TECHNIQUES MAY HELP MINIMIZE THE RISK OF INJURY: r ---441160: f4 f i{1_I TUCK INTO A BALL AS COVER YOUR HEAD& TRY TO ORIENT FEET FIRST YOU BEGIN TO FALL FACE WITH BOTH BEFORE HITTING ANY SURFACE ARMS&HANDS 14 HOW TO BODYBOARD • 1" �•'• •. lw .... la • ►IICOLR WOAD POSITION GOCLZ[MRY -•'..-11SC Di LIES 66.k AWI I Oa Tfi ./I PLKI LCl S cc U.CING D DWN PLA C!RDARD INTO ILCW MD COMRCL YOJ[MCY!MTNT Of N!!i'•CLN!LRCMS W MD rW7l AS 111 'PLONOIDlN LC30 rAcrii JP AIOTCVk41D T11l""ON ENTIR JSP43 YCL N LPG&AS MUCOUS ON TO,Or R' !DNAL NOARC•5 RCUND Al K STCMKII PORN DOWN P•O WWI PULL Lit•GO LIP IMNIIOTIIMI HOW TO F LOW B OAR D. "Stand-up" .L. f \ � / f�1 I/ROL'!R■OIHIC PosRION I i 4J0f 9ci rKW3OCWM .1 y' i ..},NC!!or 601LRD SAC PPS n.ovr —- - '� I _ RUR Boor mum*/ ► �•• `' PIACI COT ILO-CR �))) �-• .,r• Mall':CA:Mika'DCYIW 'L.Cf!FOOT POSITION P !NOW r:.Or CR RK7.1'; /*' CN rROV-MILCI!Cr ROAAL l" rig ;1 .j •ii'. • FPOM Tilt 50[05 .• 1)r 'T.I!TCP CP NU ■!TO KNOT 1:0i' f ! TO I•llP DAJ41C! •i •S_} /~ - K!@J4L WEIGM.Y. - " AIM MCI WNW/RIDING Q WARNING -TO MINIMIZE RISK OF INJURY: • DO NOT STEP OFF BOARD ONTO INCLINED RIDE SURFACE • AVOID THE SIDE SURFACES WHERE THERE IS MINIMAL WATER FLOW 15 EXHIBIT C Voluntary Admo t of Risks,Release of liability and Indemnity Agreement _ First Name Last Name Middle Initial Street Address City State Zip Email Address Telephone Number Birth Date Age State Driver's License/ID Card Number Issuing Slat Expiration Date Emergency Contact Narre Emergency Contact Telephone 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 PHYSICAL OR MENTAL INJURY,ILLNESS OR DISEASE,OR DEATH. This document affects your legal rights.By writing your signature below,you acknowledge that you 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 My signature acknowledges that I or the minor for whom I am a legal guardian(collectively regaled to as"I",` ne",or` rey")have voluntarily chosen to participate in the sheet wave surfing attraction known as the FlowRider®or use a Flowboan (collectively referred to as the"Activities')and to use the facilities at THE CITY OF BAYTOWN,including but not limited to the FlowRider®(collectively refared to as 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,LLC,AQUATIC DEVELOPMENT GROUP,INC.and THE CITY OF BAYTOWN each of their lessors,parent companies,subsidiaries,related companies and business concerns,past and present,and each of than,as well as each of their partners,trustees,directors,officers,members,intellectual property holders,agents,attorneys,savants and employees, past and present,and each of them(collectively,"Releasees")as follows: ACKNOWLEDGEMENTS 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 insult in PHYSICAL OR MENTAL INJURY,DEATH,ILLNESS OR DISEASE,OR 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 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 noway 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 la,urtxl to any injuries such as a)broken bones, b)dislocations,c)tom 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)tripwire'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,ernergency 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 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 ofthe Facilities.Further,I acknowledge that I am not purchasing or leasing the attraction,but rather, am being afforded a nonexclusive right to use the attraction. Additionally,I acknowledge that Releasees are providing recreational services. 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 fiom 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 ot;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 negfigence or fault of Releasees. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER,and will apply to all anent and future participation in the Activities or use of the Facilities. I understand that this RELEASE OF LIABILITY will prevent me,my child,my hens or my estate fiom bringing any action at law,suit in equity,o 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 oft 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 hens 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. AUDIO AND PHOTOGRAPHIC IMAGE RELEASE: I agree to a blanket release of all of my audio,video,and photographic image rights arising out of my participation in or around the Activities and I hereby grant to Releasees the right to use my audio video,and photographic images in perpetuity(no matter by whom taken or recorded)in any manner for publicity,ptomotions, advertising,marketing,trade or commercial purposes,without reimbursement of any lend due to me or the need to pay me any fee whatsoever. 16 ENTIRE AGREEMENT,SEVERABILITY AND VENUE: I understand that this is the entree Agreement between the snxietsigned and Releasees,and that it cannot be modified or changed in any way by the representations or statements ofReleasees or any employee or agent ofReleasees,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 Hanis County,Texas.Any disputes will be subject to and dermined under the lawa oftheStateofTeps. I have read this entire document,udenstand it completely,and agree to be bound by its tams. Participant's Legal Name(please print): Participant's Signahue: Date: (If Paslicipant is a minor)Legal GuatdianNairr: (IfParticipant is a minor)Legal Guardian Signature: Date: AFFIDAVIT OF PARENT OR LEGAL GUARDIAN I,the undersigned,declare that I am the parent of or the legal guardian o$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 FlowRidee the parent or legal guardian of the minor participant must sign certain legal doannents,including but not limited to Acknowledgements of Risks,Releases,and Indemnity Agearrruts.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:WAVE LOCH,LLC.,AQUATIC DEVELOPMENT GROUP,INC.and THE CITY OF BAYTOWN 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,offices,members,intellectual property holders,agents,attorneys,servants and employees, past and present,and each ofthem,if any litigation is inctinitM,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 orFlowRidere cruse of the Facilities.I understand that this indenmityprovision is in addition to(and not in lieu of)any other indemnityprovision found in this document Participant's Legal Name(please print): Legal Guardian Name: Legal Guardian Signature: Date: 17