IN CONSIDERATION of being permitted to participate in the charter/rental provided by Texas Wakesurf Charters (Lonestar HID) for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:
Acknowledgement of Risks I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include: (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing, sinking or other hazard which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9) water sports including but not limited to wake surfing, tubing, skiing, and wakeboarding.
Initials Contractual / Express Assumption of Risk and Responsibility I fully agree to assume all responsibility for all the risks of the charter to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.
This Agreement shall be governed by the laws of the United States. Any legal action relating to or arising out of this Agreement against or with respect to Texas Wakesurf Charters shall be commenced exclusively in the United States. Any legal action relating to or arising out of this Agreement against or with respect to any of its Texas Wakesurf Charters affiliated or related companies shall be commenced exclusively in the Travis County Civil Court. I agree that I will reimburse in full any attorney fees incurred by the assured or their insurers to defend any legal action under this Agreement.
Initials Release of Liability I HEREBY RELEASE Texas Wakesurf Charters, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AN ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, AND EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
I have read this assumption and acknowledgement of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE, IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER, TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).
Initials Cancellation, Reschedule & Weather Policy I acknowledge that I have read, understand, and agree to the Texas Wakesurf Charters cancellation, reschedule, weather, no-show, and late-arrival policies published at texaswakesurfcharters.com/policies, which are incorporated into this Agreement by reference. Specifically, I agree that: cancellations made 15 or more days before the trip receive a full refund; cancellations made 14 to 9 days before the trip incur a $100 cancellation fee plus a 10% booking fee; cancellations made 8 to 3 days before the trip are charged 50% of the total; and cancellations made within 72 hours of the trip are not permitted and are charged 100% of the total. All modifications or reschedule requests must be made 15 or more days before the trip and are subject to availability.
I understand that Texas Wakesurf Charters operates rain or shine and cancels only when it determines, in its sole discretion, that conditions are unsafe, and that light rain, clouds, wind, or intermittent showers are not grounds for cancellation or refund. If a trip is shortened for safety, I will be charged only for the time used. I further agree that failing to appear within 30 minutes of the scheduled start time without contact constitutes a no-show and will be charged at 100% of the trip price plus the 20% mandatory gratuity, and that no refunds or credits are given for late arrivals, early returns, or unused time. My charter time begins at my scheduled reservation time. I agree that the 20% mandatory gratuity is due to the captain at the end of the reservation if not prepaid.
Initials Photo, Video & Media Release I irrevocably grant Texas Wakesurf Charters (Lonestar HID), its owners, employees, captains, agents, successors, licensees, and assigns the perpetual, worldwide, royalty-free, fully paid-up, transferable, sublicensable right and permission to photograph, film, video record, audio record, and livestream me, any minor children for whom I am legally responsible, and my likeness, image, voice, name, and statements, during or in connection with the charter, and to reproduce, edit, alter, publish, distribute, display, broadcast, and otherwise use such media in any and all media now known or later developed, for any purpose whatsoever, including without limitation commercial, advertising, marketing, promotional, social media, website, training, and editorial purposes, in whole or in part, alone or with other content, with or without attribution.
I waive any right to inspect or approve the finished media or any copy that may be used with it, and I waive any claim for compensation, royalties, or residuals of any kind. I further waive and release any and all claims arising out of such use, including claims for invasion of privacy, right of publicity, defamation, false light, or misappropriation of likeness. I understand that Texas Wakesurf Charters owns all right, title, and interest, including copyright, in all media it captures. If I do not wish to be recorded, I understand I must notify the captain in writing before the charter begins, and that Texas Wakesurf Charters will make reasonable efforts to accommodate that request but cannot guarantee exclusion from incidental capture.
Initials Payment Authorization, Card on File, Security Deposit & Damage I authorize Texas Wakesurf Charters (Lonestar HID) to store my payment card (the "card on file") and to charge that card, without further authorization or signature, for any and all amounts I owe under this Agreement or the published policies, including but not limited to: the charter balance; the 20% mandatory gratuity; cancellation, reschedule, no-show, and late-arrival fees; extra time used; fuel or equipment surcharges disclosed in advance; a refundable security deposit hold of up to $1,000 placed before or during the charter; excessive cleaning fees (including but not limited to vomit, bodily fluids, spilled fuel, glitter, glass breakage, oil, paint, blood, or smoke); lost, stolen, or damaged equipment; damage to the vessel, trailer, dock, or third-party property; recovery, towing, salvage, marine repair, and diagnostic costs; loss-of-use charges for each day the vessel is out of service; fines, citations, or penalties assessed as a result of my party's conduct; and any deductible payable under the vessel's insurance policy.
I agree to be personally and jointly and severally liable, together with every member of my party, for any loss or damage caused by intentional acts, negligence, misuse, intoxication, horseplay, or violation of the captain's instructions, in the full amount of the repair or replacement cost as reasonably determined by Texas Wakesurf Charters and its repair vendors, whether or not that amount exceeds the security deposit. I understand the security deposit is not a cap on liability. I agree not to initiate a chargeback, payment dispute, or stop-payment for any charge authorized by this Agreement, and I agree that if I do so, I will be responsible for all resulting fees, collection costs, and reasonable attorney fees. I authorize Texas Wakesurf Charters to pursue collection of any unpaid balance and to charge interest at the maximum rate permitted by law.
Initials Rules of Conduct, Alcohol, Safety & Right to Refuse Service I agree that I and every member of my party will follow all instructions of the captain and crew at all times, and I acknowledge the captain has final and absolute authority over the vessel, its passengers, and the trip. I agree that no illegal drugs, firearms, weapons, fireworks, glass containers, or smoking of any kind are permitted aboard. I understand alcohol may only be consumed by guests of legal drinking age, that excessive intoxication is prohibited, and that I am responsible for the conduct of every member of my party, including minors. I agree to wear a U.S. Coast Guard-approved life jacket when instructed and to ensure that all children required by law to wear one do so at all times.
I understand Texas Wakesurf Charters may refuse service, end the charter early, or remove any person from the vessel, without refund and without liability, if anyone in my party is unruly or excessively intoxicated, poses a danger to themselves or others, damages property, or displays unsafe or disruptive behavior as determined by the staff or captain. I confirm that the person count and information I have provided is accurate and that exceeding the stated passenger capacity is prohibited. I acknowledge that Texas Wakesurf Charters is not responsible for personal property that is lost, stolen, damaged, or dropped in the water, including phones, sunglasses, keys, wallets, jewelry, and cameras.
Initials Swimming Ability, Life Jackets & Water Safety I represent that I have accurately disclosed the swimming ability of myself and every member of my party, including any minors, and I understand that participation in wake surfing, wakeboarding, tubing, skiing, swimming, and any in-water activity does not require but strongly favors the ability to swim. I acknowledge that U.S. Coast Guard-approved personal flotation devices in appropriate sizes are available aboard the vessel at all times and that I have the right to wear one at any time. I agree that any non-swimmer or weak swimmer in my party, and every child required by Texas law to do so, will wear a properly fitted life jacket at all times while aboard or in the water. I understand that the captain may require any person to wear a life jacket as a condition of participation, and I accept full responsibility for any decision by myself or a member of my party to decline a life jacket where one is not legally required.
Initials Emergency Medical Authorization & Costs In the event of an accident, injury, or medical emergency, I authorize Texas Wakesurf Charters, its captain, crew, and agents to summon emergency medical services and to arrange for such first aid, medical treatment, transport, water rescue, or emergency evacuation as they in good faith deem necessary for me or any minor for whom I am responsible, without prior consultation and without liability for doing so or for declining to do so. I agree that I am solely responsible for all costs of any medical treatment, ambulance, water or air evacuation, hospitalization, search-and-rescue, or towing services rendered to me or my party. I acknowledge that Texas Wakesurf Charters does not provide health, accident, disability, or trip-cancellation insurance of any kind for guests, that I am not an insured party under its policies, and that my own health insurance is my sole coverage. I confirm the emergency contact information I have provided is accurate and may be used to reach my family on my behalf.
Initials Vessel Operation, Capacity & Equipment I understand and agree that only the captain or a crew member designated by Texas Wakesurf Charters will operate the vessel, and that under no circumstances will I or any member of my party operate, steer, or control the vessel, its throttle, ballast, trailer, or tow equipment. I agree that no person will operate or use any equipment while under the influence of alcohol, cannabis, prescription medication that carries an impairment warning, or any other substance. I agree that my party will not exceed the passenger count I have reserved or the U.S. Coast Guard-rated capacity of the vessel, and that the captain may refuse boarding to any additional person without refund. I agree to remain seated while the vessel is underway, to keep hands and limbs inside the vessel, to stay clear of the swim platform, propeller, and tow rope while the engine is running, and to follow all posted and verbal safety instructions. I acknowledge that Texas Wakesurf Charters may substitute a comparable vessel, captain, board, or equipment at its discretion without refund.
Initials Consent to Contact (Email, Call & Text) I consent to receive calls, text messages (SMS/MMS), and emails from Texas Wakesurf Charters and its agents at the phone number and email address I have provided, including messages sent using an automatic telephone dialing system or prerecorded voice, regarding my reservation, trip logistics, weather and safety updates, waivers, receipts, review requests, and occasional promotional offers. I understand that consent to receive promotional messages is not a condition of purchase, that message and data rates may apply, and that I may opt out of marketing messages at any time by replying STOP to a text or using the unsubscribe link in an email, while still receiving transactional messages about a booked trip.
Initials Governing Law, Dispute Resolution & Time Limit to Sue This Agreement is governed by the laws of the State of Texas without regard to its conflict-of-law rules. I agree that any dispute, claim, or controversy arising out of or relating to this Agreement, my reservation, or my participation in any activity with Texas Wakesurf Charters shall first be addressed by good-faith negotiation, and if unresolved within thirty (30) days, shall be resolved exclusively by binding individual arbitration administered in Travis County, Texas under the Commercial Arbitration Rules of the American Arbitration Association, with judgment on the award enforceable in any court of competent jurisdiction. Small-claims actions within that court's jurisdiction are excepted.
I WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. I further agree that any claim I may have must be filed within one (1) year of the date of the activity giving rise to it, or it is permanently barred, to the fullest extent permitted by law. I agree that in any action arising out of this Agreement the prevailing party is entitled to recover its reasonable attorneys' fees and costs. If any portion of this section is held unenforceable, the remainder shall be enforced to the maximum extent permitted.
Initials Electronic Signature, Severability & General Provisions I consent to conduct this transaction electronically and agree that my typed or drawn signature, together with the date, time, IP address, and device information captured by this system, constitutes a legally binding electronic signature under the federal E-SIGN Act (15 U.S.C. §7001) and the Texas Uniform Electronic Transactions Act, with the same force and effect as a handwritten signature on paper. I consent to receive contracts, receipts, notices, and communications from Texas Wakesurf Charters electronically at the email address and phone number I provide, including text messages regarding my trip.
I represent that I am at least 18 years of age (or that I am the parent or legal guardian signing on behalf of a minor participant and have full authority to do so and to bind that minor and myself), that I have read this entire Agreement, that no oral representations or inducements have been made to me apart from what is written here, and that I sign it freely and voluntarily. This Agreement is the entire agreement between the parties regarding its subject matter and supersedes all prior discussions. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and all remaining provisions shall continue in full force and effect. This Agreement is binding upon my heirs, spouse, children, personal representatives, and assigns, and survives the completion of the charter.
I acknowledge that Texas Wakesurf Charters is not liable for any failure or delay in performance caused by events beyond its reasonable control, including severe weather, lightning, flooding, drought or low water levels, lake or ramp closures, LCRA or governmental restrictions, mechanical failure, fire, labor disruption, public-health orders, or acts of God, and that in such cases my sole remedy is a reschedule or the refund described in the cancellation section. I understand that pets are not permitted aboard without prior written approval and that smoking and vaping of any substance are prohibited on the vessel. I represent that I have the authority to sign this Agreement on behalf of every member of my party whom I have listed or brought aboard, that I have made each of them aware of its terms, and that I will indemnify Texas Wakesurf Charters against any claim brought by any member of my party who did not personally sign a waiver.
Initials