**IMPORTANT: THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE SIGNING.** This Agreement is intended to be used for adult renters and operators in Texas and is drafted to be concise, readable, and suitable for digital signature platforms such as SignMyWaiver, SignWaivers.com, or DocuSign.[cite:5][cite:17][cite:25] **Company:** Texas Hill Country Rentals, and/or its future trade name Texas Hill Country Watercraft Rentals (collectively, the "Company") 2. Acknowledgment of Risk The undersigned understands and acknowledges that renting, operating, riding, loading, unloading, launching, docking, fueling, transporting, and being a passenger on a jet ski or other personal watercraft involves **inherent risks**, including but not limited to collision, capsizing, falling, drowning, striking objects, wake impacts, mechanical failure, changing water conditions, shallow water, weather, operator error, acts of other persons, and serious personal injury, disability, death, or property damage. The undersigned voluntarily chooses to participate and **expressly assumes all risks**, whether known or unknown, inherent or otherwise, to the fullest extent allowed by Texas law.[cite:5][cite:13][cite:19] 3. Participant Representations The undersigned represents and warrants that: • The undersigned is at least 18 years old and is signing this Agreement for himself or herself as an adult participant.[cite:25][cite:22] • The undersigned is physically able to participate and is not under the influence of alcohol, drugs, or any substance that may impair judgment or operation. • The undersigned will operate the jet ski in a safe and lawful manner and comply with all instructions, posted rules, and applicable laws. • The undersigned understands that no oral statement by the Company changes this written Agreement. 4. RELEASE OF LIABILITY **TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE TEXAS HILL COUNTRY RENTALS, TEXAS HILL COUNTRY WATERCRAFT RENTALS, THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "COMPANY RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING OUT OF OR RELATED TO THE RENTAL, USE, OPERATION, POSSESSION, TRANSPORT, LOADING, UNLOADING, LAUNCHING, DOCKING, OR CONDITION OF ANY JET SKI OR OTHER PERSONAL WATERCRAFT, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF ANY COMPANY RELEASED PARTY.**[cite:5][cite:17][cite:19] **THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.**[cite:17][cite:5][cite:21] 5. INDEMNITY AND HOLD HARMLESS **TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE UNDERSIGNED AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE UNDERSIGNED'S RENTAL, USE, OPERATION, POSSESSION, TRANSPORT, OR CONTROL OF THE JET SKI OR OTHER PERSONAL WATERCRAFT, INCLUDING CLAIMS ASSERTED BY THIRD PARTIES, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY RELEASED PARTY.
Texas law generally requires indemnity for a party's own negligence to be stated expressly and conspicuously in the agreement.[cite:17][cite:23][cite:25] 6. WORD AND COMAL COUNTY PROTECTION **TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE UNDERSIGNED FURTHER AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE WATER ORIENTED RECREATION DISTRICT OF COMAL COUNTY ("WORD") AND COMAL COUNTY, TEXAS, AND THEIR RESPECTIVE OFFICERS, OFFICIALS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "COUNTY RELEASED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE UNDERSIGNED'S RENTAL, USE, OPERATION, POSSESSION, TRANSPORT, LAUNCHING, DOCKING, OR PRESENCE ON OR NEAR THE WATERCRAFT, THE PREMISES, ACCESS AREAS, OR WATERWAYS, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF ANY COUNTY RELEASED PARTY. W.O.R.D., Comal County, and Texas Hill Country Watercraft Rentals harmless from any and all injuries or deaths. WORD litter laws:
No glass
No Styrofoam
No possession of open plastic containers 5oz or less**[cite:17][cite:25][cite:19] **THIS PROVISION DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED OR INDEMNIFIED BY AGREEMENT.**[cite:17][cite:5][cite:13] 7. Property Damage and Charges The undersigned accepts full responsibility for loss of or damage to the rented jet ski, equipment, accessories, trailer, or related property during the rental period, ordinary wear and tear excepted, and authorizes the Company to charge amounts due under the rental agreement or separately collect for damage, cleaning, towing, recovery, fuel, late return, or other amounts lawfully owed. 8. Rules, Safety, and Compliance The undersigned agrees to wear all required safety equipment, obey all boating and watercraft laws, remain within approved operating areas, follow all speed and no-wake rules, and immediately stop operation if unsafe conditions exist. The Company may terminate the rental without refund if safety rules or laws are violated. 9. Medical Care The undersigned consents to emergency medical care if deemed necessary and accepts sole responsibility for any related costs. 10. Governing Law, Venue, and Severability This Agreement shall be governed by the laws of the State of Texas. Venue for any dispute relating to this Agreement or the rental shall lie exclusively in Comal County, Texas, unless applicable law requires otherwise. If any provision is held unenforceable, the remaining provisions shall remain in full force to the fullest extent permitted by law.[cite:25][cite:19] 11. Entire Agreement and Electronic Signature This Agreement is the entire agreement regarding release, assumption of risk, and indemnity relating to the rental activity and supersedes prior oral statements on those subjects. A digital signature, click-to-sign acknowledgment, typed signature, checkbox acknowledgment, or platform-based initials shall be treated as an original signature and initials for all purposes. 12. Signature Block By signing below, the undersigned acknowledges that he or she has carefully read this Agreement, understands it, understands that it affects legal rights, and signs it voluntarily. 13. Optional Parent / Guardian Section for Minor Passenger Only **Important Texas Note:** Texas courts are generally far less likely to enforce pre-injury waivers signed by a parent on behalf of a minor, and authorities discussing Texas law caution against relying on such a waiver to bar a minor's own injury claim.[cite:22][cite:25][cite:12] If the Company allows a minor passenger, use this section only as a supplemental acknowledgment and not as a substitute for legal advice: Date: April 20, 2026 |