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RULES, EMERGENCY PROCEDURES, PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK


Emergency Procedures

Emergency Cell Phone - Use cell phone to call 911.

Man Overboard

  1. Announce “Man Overboard” several times and point at man overboard.
  2. Party Barge Only: Throw white life ring - located on 2nd deck level railing.
  3. Use anything that floats as additional markers. 
  4. Signal for help by any means available.

Abandon Ship

  1. Walk calmly to the life jackets and put on.
  2. Look to crew to help exit the boat.
  3. Stay together.

Explosion

  1. Be ready to go overboard with life jackets.
  2. When clear of danger, account for all passengers and assist.
  3. Stay together.

Fires

  1. If possible, use fire extinguisher located by the captain’s helm.
  2. If practical, throw burning material overboard.
  3. Smother fire if possible.
  4. Put on life jackets.

Leaks or Damage Control

  1. Put on life jackets.
  2. If you can see the hole, stuff anything in it to plug it.
  3. Signal for help by any means available.

Rough Water

  1. Put on life jackets.
  2. Tie down loose equipment.
  3. Close any door or cover.
  4. Wait for further instructions from the Captain.

Personal Flotation Devices - life jackets.

  1. Party Barge: On 2nd level, attached to railing.
  2. Surf/Wake: Under the port side seats.

Location of Medical First‐Aid Kit

  1. Party Barge: Under captain's seat at the helm.
  2. Surf/Wake: Under windshield, port side.

No Lifeguard on Duty - Swim at your own risk.

Double Decker Party Barge’s Emergency Exits 

  1. Port, starboard, bow & stern.
  2. 2nd level: port, starboard & stern/slide.


PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK  

In consideration of the services of Lake Austin Adventures LLC DBA Keep Austin Wet Watercraft Rentals, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "KAW"), I hereby agree to release, indemnify, and discharge KAW, 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 Guided Watersport Activities, Lily Pad, Inflatable Paddleboards, Tubing, Wakeboarding, Wake Surfing, Water Skiing, Boating and other watersport activities entail 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: slips and falls; accidental drowning; collision with fixed or moveable objects or other watercraft; rapidly changing adverse weather and water conditions; boat may capsize; exhaustion; exposure to the elements of the outdoors and natural surroundings 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; participants can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; the negligence of participants, or other persons who may be present; equipment failure or operator error; flipping over; accidents or illness can occur in remote places without medical facilities; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity.

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. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.

3. Indemnity, release and hold harmless agreement in favor of KAW. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless KAW 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 KAW’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 KAW.

4. Should KAW 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 KAW, 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 KAW 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 KAW.

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.



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First Participant's Name
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What is your booking/reservation number? (The waiver is not valid unless this number matches the reservation number on the confirmation email.) *

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all Releases and, for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW.



By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
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Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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