Lake Travis Yacht Rentals – WAIVER AND RELEASE OF LIABILITY AGREEMENT

Austin, TX

 

Hold Harmless

All guests give up their right to sue Lake Travis Yacht Rentals or any of it’s associated companies, and agree to hold Lake Travis Yacht Rentals or any of it’s associated companies harmless from any and all liability for personal injury, property damage or wrongful death caused by negligence or gross negligence. Guests assume all risks in connection with the commercial boating activity of Lake Travis Yacht Rentals or any of it’s associated companies.

 

Photo Disclaimer

By submitting/posting/sharing images to Lake Travis Yacht Rentals, LLC (and it’s associated companies) all participants grant Lake Travis Yacht Rentals, LLC (and it’s associated companies), its affiliates and assigns, the right to print, publish, broadcast, and use in any manner and at any time or times, worldwide, in any media now known or hereafter developed, including, without limitation, the World Wide Web, the participant’s name, photographs and any language contained therein, for public information without additional consideration or compensation. Participants further release Lake Travis Yacht Rentals, LLC (and it’s associated companies), its affiliates and assigns from any and all liability, claims, or damages arising out of or relating the participant’s submission. All photographs submitted become the property of Lake Travis Yacht Rentals, LLC (and it’s associated companies), and will not be returned to the submitter.

 

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services Lake Travis Yacht Rentals, LLC, their agents, owners, officers, volunteers, employees, and all other
persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “LTYR”), I hereby agree to release, indemnify,
and discharge LTYR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as
follows:
1. I acknowledge that my participation in yacht, pontoon boat, swimming and water slide activities entails known and unanticipated risks
that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that
such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: water hazards; accidental drowning; collision with fixed objects or people; slipping and falling;
musculoskeletal injuries including head, neck, and back injuries; the negligence of other participants, or other persons who may be present;
equipment failure or operator error; weather conditions; collision with fixed or movable objects or other watercraft; boat capsize and
entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; boats are slippery when wet and accidents can
occur getting in, out, on or off; damage to equipment or personal injury; crashing; forces of nature including extremes of weather, lightning
and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents;
exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat
exhaustion, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life;
aggressive and/or poisonous marine life; transmissible pathogen or disease; my own physical condition, and the physical exertion associated
with this activity. Traveling to and from the pier will raise the possibility of any manner of transportation accidents.
Furthermore, LTYR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a
participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or
instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks.
3. Indemnity, release and hold harmless agreement in favor of LTYR. I hereby voluntarily release, forever discharge
and agree to indemnify and hold harmless LTYR from any and all claims, demands, or causes of action based upon
or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or
alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this
activity or my use of LTYR’s equipment or facilities, including any such claims, demands or causes of action which
are based or founded, in whole or in part, upon the alleged negligent acts or omissions of LTYR.
4. Should LTYR or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the
costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may
have.
6. In the event that I file a lawsuit against LTYR, I agree to do so solely in the state of Texas, and I further agree that the substantive law of
that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is
found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may
be found by a court of law to have waived my right to maintain a lawsuit against LTYR on the basis of any claim from which I have
released them herein. I also agree that this document is valid for subsequent visits and participation at LTYR.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Print Name Phone Number __
Address
Signature of Participant Email Date
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of ____________________________________________________________________(print minor’s name) (“Minor”) being
permitted by LTYR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless LTYR
from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by
Minor.
Parent or Guardian ______ Print Name ______________________________Date ___________