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Non Motorized Vessel Launch - Sunset Resort @ Medina Lake Waiver

WAIVER AND RELEASE FROM LIABILITY

I, (“Guest”), hereby agree and understand that outdoor sports, water and marina activities at Sunset Resort Ventures LLC/Sunset Resort at Medina Lake LLC (“Resort”) located at 200 CR 2620 Mico, TX 78056, such as launching a vessel, sand volleyball, sports courts including pickleball, children’s playground, boating, jet skiing, tubing, fishing, paddle boarding, swimming, waterbody boarding, wakeboarding, camping, hiking, and kayaking, (collectively, “Activities”), can be hazardous and involve the risk of physical injury and/or death.

The Guest agrees and understands that there are inherent risks in participating in those Activities, including, but not limited to, the following: physical injuries related to sand volleyball, pickleball, and cool to extremely cold water, hypothermia, hidden underwater obstacles, trees or other above-water obstacles, slippery terrain, changing and unpredictable currents, drowning, swimming, overturning, improper use of equipment, entrapment of feet or other body parts under rocks or other objects, other vessels utilizing the same water space, equipment failure, dehydration, sunburn, changing weather conditions, driving to and from the Resort, and mental distress related to any one of the above.

Guest further acknowledges and understands that the risks identified above are not comprehensive and that participating in any of those Activities, whether listed above or not, and whether or not described, may be dangerous and may also include risks that are inherent and/or which cannot be reasonably avoided. By signing this document, Guest recognizes that personal injury, serious injury, death, and property loss are all possible while participating in the Activity. GUEST FURTHER ACKNOWLEDGES THAT RESORT DOES NOT OFFER OR PROVIDE ON DUTY LIFEGUARD SERVICES AND SWIMMING AND PARTICIPATING IN WATER ACTIVITIES IS AT THE GUEST’S OWN RISK. RECOGNIZING THE RISKS AND DANGERS, THE GUEST UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES TO PARTICIPATE IN AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

THE GUEST HEREBY WAIVES, RELEASES, AND FOREVER DISCHARGES THE RESORT AND AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, AND DIRECTORS OF AND FROM ANY AND ALL LIABILITY CLAIMS, DEMANDS, CAUSES OF ACTION, LAWSUITS, DAMAGES, AND LOSSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR EQUITY, THAT ARISE OUT OF OR IN ANY WAY RELATED TO MY PARTICIPATION IN ANY OF THE ACTIVITIES AND AMENITIES AT RESORT’S PREMISES OF, OR FOR THE BENEFIT OF THE GUEST AND THEIR INVITEES OR GUEST, PROVIDED THAT THIS WAIVER OF LIABILITY DOES NOT APPLY TO ANY ACTS OF GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL OR WANTON MISCONDUCT BY THE RESORT.

GUEST FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Resort, its owners, affiliates, managers, members, agents, and employees from any losses, damages, liability, legal action or claim of any nature, and causes of action of Guest, its invitees and guest, and/or a third party arising, in whole or in part, whether active or passive, from the Guest participation in the Activities at the Resort. THE INDEMNITY, DEFEND AND HOLD HARMLESS OBLIGATIONS CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW EVEN IF THE CLAIMS ARE CAUSED, IN WHOLE OR PARTY, BY THE NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RESORT, ITS OWNERS, AFFILIATES, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES. THE GUEST AGREES TO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO OR CLAIM FOR ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE RESORT.

This release and hold harmless agreement shall be GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH TEXAS LAW without regard to choice of law principles. The exclusive venue and jurisdiction of any claim related to this Agreement or the Activities shall be the State District Courts situated in Medina County, Texas.

In the case of a minor, the undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf but that he/she is also signing on behalf of the minor(s) and that the minor(s) shall be bound by all the terms of this Agreement. By signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activities. The undersigned parent also acknowledges that he/she, as a parent or legal guardian of each minor listed above, is solely responsible for the safety, care, and well-being of each minor.

This Agreement shall be binding on Guest and Resort and their respective heirs, executors, legal representatives, successors, and assigns to the fullest extent permitted by law. If any part of this Agreement is deemed unenforceable, the remaining terms shall be an enforceable contract between the parties. All representations, understandings, and agreements between Guest and Resort relating to the Activities have been incorporated into this Agreement.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST. I FURTHER ACKNOWLEDGE BY SIGNING AND DATING ON THIS DAY FOR THE INDIVIDUAL(S) LISTED THIS DOCUMENT WILL BE VALID FOR ALL FUTURE DATES I (WE) MAY RETURN TO ENGAGE IN THE ABOVE-DESCRIBED ACTIVITIES.

May 16, 2025




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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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