I, the undersigned, accept for use the Vessel and all appurtenant accessories pursuant to the terms described below and accept full responsibility for its care while it is in my possession. I accept the Vessel in its current condition, AS IS, with all faults or defects. I agree to lock the Vessel with an appropriate lock when not in use. I agree to personally practice good judgement and appropriate water safety for myself, my guests and for others who may be in the vicinity.
I agree that I return a Vessel or any accessories in a damaged condition, which the determination of such damaged condition shall be made by the Association in its sole and absolute discretion, then I will owe any fees and costs deemed appropriate by the Association for damages sustained to the Vessel and accessories, up to an amount equal to the costs to repair or replace the damaged Vessel and/or accessories. If I fail to return the Vessel and any accessories the day of rental, I will owe Windsong Ranch Community Association, Inc. One Thousand Dollars ($1,000.00) for any Vessel not returned, Fifty Dollars ($50.00) for each and every accessory not returned.
I understand and acknowledge that utilization of a water Vessel, as described, is a dangerous activity and carries with it certain hazards and risks of which I am aware. I further realize that mechanical failures, improper or unsafe usage of the Vessel, falls, and collisions with other objects, including boats, can occur and may cause property damages, injuries, and/or even death to myself and/or others. I agree to ASSUME ALL RISKS AND RESPONSIBILITY for myself, my heirs, executors, administrators, personal representatives, and assigns for such incidents for injuries. I also agree to personally practice good judgement and appropriate water safety for others who may be in the vicinity. I understand the use of a Personal Floatation Device (PFD) is strongly recommended and will be provided by the Association for rented watercraft, and if I choose not to wear such PFD I do so at my own risk.
I understand and agree that all conditions within this Water Vessel Agreement Form are inclusive of and reconfirm all conditions and provisions within the “Windsong Ranch Community Association, Inc. Facilities Use Agreement.” I also understand and agree that of these conditions apply in any scenario of water vessel usage whether the vessel be provided by Windsong Ranch Community Association, provided personally or provided by any third party.
I, AS THE UNDERSIGNED, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNEES HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANY OF THE WINDSONG RANCH COMMUNITY ASSOCIATION, INC., TELLUS GROUP LLC. AND CAPITAL CONSULTANTS MANAGEMENT CORPORATION, AND THE DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, REPRESENTATIVES, AND VOLUNTEERS OF EACH SUCH ENTITY (COLLECTIVELY “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM, OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, BODILY INJURY INCLUDING DEATH, AND PROPERTY DAMAGE, THAT THE UNDERSIGNED MAY SUFFER OR INCUR AS A RESULT OF UNDERSIGNED’S USE OF THE VESSEL AND/OR THE VESSEL ACCESSORIES, FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR BREACH OF CONTRACT ON THE PART OF ANY OF THE RELEASED PARTIES IN THE OPERATION, SUPERVISION, DESIGN, MAINTENANCE, OR CONDITION OF ANY PART OF THE VESSEL AND/OR THE VESSEL ACCESSORIES. THE UNDERSIGNED HEREBY ATTESTS THAT HE OR SHE HAS REVIEWED THE RELEASE PROVISIONS SET FORTH HEREIN WITH HIS OR HER ATTORNEY OR COUNSEL AND THAT HE OR SHE UNDERSTANDS THE MEANING OF SUCH RELEASE PROVISIONS.
I, AS THE UNDERSIGNED, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNEES HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND, AND SAVE AND HOLD HARMLESS THE RELEASED PARTIES AND EACH OF THEM FOR, FROM AND AGAINST ALL LOSSES, LIABILITIES, CLAIMS (INCLUDING ANY CLAIM OF NEGLIGENCE), ACTIONS, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) OF ANY NATURE WHATSOEVER, WHETHER IN LAW OR IN EQUITY, THAT ANY AND EACH OF THE RELEASED PARTIES MAY INCUR OR THAT MAY ARISE OUT OF, OR IN ANY WAY RESULT FROM OR RELATE TO, THE UNDERSIGNED’S USE OF THE VESSEL AND/OR ACCESSORIES. THE UNDERSIGNED HEREBY ATTESTS THAT HE OR SHE HAS REVIEWED THE INDEMNITY PROVISIONS SET FORTH HEREIN WITH HIS OR HER ATTORNEY OR COUNSEL AND THAT HE OR SHE UNDERSTANDS THE MEANING OF SUCH INDEMNITY PROVISIONS.
THIS RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND HOLD HARMLESS AGREEMENT SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF THE RELEASED PARTIES AND THEIR SUCCESSORS AND ASSIGNS.
BY SIGNING THIS AGREEMENT, I UNDERSTAND THAT I AM RELEASING EACH AND ALL OF THE RELEASED PARTIES FROM ANY POTENTIAL CLAIMS FOR NEGLIGENCE AND FOR ANY DAMAGES RESULTING FROM ANY POTENTIAL CLAIMS FOR NEGLIGENCE, AS WELL AS AGREEING TO THE OTHER TERMS IN THIS Agreement.
I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law rules. I HAVE CAREFULLY AND FULLY READ, UNDERSTAND THE CONTENTS OF, AND VOLUNTARILY SIGN THIS AGREEMENT, and further agree that no oral or written representations, statements or inducement apart from this Agreement have been made. I am either at least 18 years of age, or my parent or guardian has also signed on my behalf, below.
This Agreement shall be effective and binding upon the parties as of the date below.
Date: August 10, 2020