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SUNSET RESORT 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, pickleball, children’s playground, boating, jet skiing, tubing, fishing, paddle boarding, swimming, waterbody boarding, wakeboarding, camping, 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.

WALLYS WATERSPORTS

ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISKS AND RESPONSIBILITY AND RELEASE OF LIABILITY: 

WARNING; THERE ARE SIGNIFICANT ELEMENTS OF RISK INVOLVED IN ANY SPORT OR ACTIVITY ASSOCIATED WITH THE OUTDOORS: THE PRESENCE OR USE OF MOTORIZED WATERCRAFT, INCLUDING BUT NOT LIMITED TO BOATS, JET SKIS AND OTHER FORMS OF PERSONAL WATERCRAFT, AND ACTIVITIES (HENCEFORTH REFERRED TO AS "ACTIVITY"). ALTHOUGH WE HAVE TAKEN REASONABLE STEPS TO PROVIDE YOU WITH APPROPRIATE EQUIPMENT AND/OR SKILLED STAFF SO THAT YOU CAN ENJOY AN ACTIVITY FOR WHICH YOU MAY NOT BE SKILLED, THIS ACTIVITY IS NOT WITHOUT RISK. CERTAIN RISKS CANNOT BE ELIMINATED WITHOUT DESTROYING THE UNIQUE CHARACTER OF THE ACTIVITY. THE SAME ELEMENTS THAT CONTRIBUTE TO THE UNIQUE CHARACTER OF THE ACTIVITY CAN BE CAUSE OF LOSS OR DAMAGE TO EQUIPMENT, OR CAUSE ACCIDENTAL INJURY, ILLNESS, OR IN EXTREME CASES, PERMANENT TRAUMA OR DEATH. FOR YOUR SAFETY, AND THAT OF OTHER PARTICIPANTS, PRIOR TO WATERSKIING, KAYAKING, STAND UP PADDLEBOARDING, USING WATERCRAFT OR EQUIPMENT; IT IS IMPORTANT THAT YOU UNDERSTAND APPLICABLE BOATING LAWS AND RIGHTS OF WAY. WE DO NOT WANT TO FRIGHTEN YOU OR REDUCE YOUR ENTHUSIASM FOR THIS ACTIVITY, BUT WE DO THINK IT IS IMPORTANT FOR YOU TO KNOW IN ADVANCE WHAT TO EXPECT AND TO BE INFORMED OF THE INHERENT RISKS. ACKNOWLEDGMENT OF RISKS: I/WE ACKNOWLEDGE THAT THE FOLLOWING DESCRIBES SOME, BUT NOT ALL OF THOSE RISKS: 1) CHANGING WATERFLOW, TIDES, CURRENTS, WAVE ACTION, BOAT OR WATERCRAFT WAKES OR OTHER PRESENT ADVERSE CONDITIONS: 2) COLLISION WITH ANY OF THE FOLLOWING: THE WATERCRAFT OF WHICH I/WE AM/ARE THE- OPERATOR OR PASSENGER, OTHER PARTICIPANTS, OTHER WATERCRAFT, EQUIPMENT, USERS OF OTHER EQUIPMENT, DEBRIS IN OR ON THE WATER, AND MANMADE OR NATURAL OBJECTS 3) WIND SHEAR OR INCLEMENT WEATHER: LIGHTNING, VARIANCES AND EXTREMES OF WIND, WATER, AND TEMPERATURES 4) MY/OUR SENSE OF BALANCE, PHYSICAL COORDINATION, ABILITY TO OPERATE EQUIPMENT, SWIM AND OR FOLLOW DIRECTIONS 5) COLLISION, CAPSIZING, SINKING OR OTHER HAZARD WHICH RESULTS IN WETNESS, INJURY, EXPOSURE TO THE ELEMENTS, HYPOTHERMIA AND/OR DROWNINGS 6) GETTING IN OR OUT OF THE CRAFT 7) TRAVEL, INCLUDING TRAVEL TO AND FROM THE ACTIVITY, INCLUDING BUT NOT LIMITED TO OVER UNEVEN AND/OR ROCKY TERRAIN AND ON THE DOCK/MARINA 8) THE PRESENCE OF INSECTS AND MARINE LIFE FORMS 9) EQUIPMENT FAILURE OR OPERATOR ERROR. 10) COLD, HEAT OR SUN RELATED INJURIES OR ILLNESSES INCLUDING HYPOTHERMIA, SUNBURN, SUNSTROKE, OR DEHYDRATION 11) FATIGUE, CHILL AND/OR DIZZINESS WHICH MAY DIMINISH MY/OUR REACTION TIME AND INCREASE THE RISK OF ACCIDENT. 12) MY/OUR CURRENT STATE OF HEALTH. I/WE AM/ARE AWARE THAT THIS ACTIVITY MAY ENTAIL RISK OF INJURY OR DEATH. I/WE UNDERSTAND THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS OR DEATH. ASSUMPTION OF RISK AND RESPONSIBILITY: I/WE AGREE TO ASSUME RESPONSIBILITY FOR THE RISKS IDENTIFIED HEREIN AND THOSE RISKS NOT SPECIFICALLY IDENTIFIED, MY PARTICIPATION IN THIS ACTIVITY IS PURELY VOLUNTARY. NO ONE IS FORCING ME TO PARTICIPATE. I VERIFY THAT I/WE AM/ARE PHYSICALLY FIT, NOT UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AT THIS TIME AND SUFFICIENTLY QUALIFIED, TRAINED AND/OR CAPABLE TO PARTICIPATE IN THESE ACTIVITIES. THEREFORE, I ASSUME FULL RESPONSIBILITY FOR MYSELF, INCLUDING ANY MINOR CHILDREN FOR WHICH I AM RESPONSIBLE, INCLUDING BUT NOT LIMITED TO BODILY INJURY, ACCIDENTS, ILLNESS, DEATH, LOSS OF PERSONAL PROPERTY, AND EXPENSES THEREOF AS A RESULT OF ANY ACCIENT/INCIDENT WHICH MAY OCCUR. I/WE ELECT TO PARTICIPATE IN SPITE OF THE RISKS. I/WE AM/ARE RESPONSIBLE FOR PROTECTING MY SKIN AND EYES FROM THE ELEMENTS. I/WE AGREE TO WEAR A U.S. C. G. APPROVED PERSONAL FLOTATION DEVICE AND/OR HELMET WHILE PARTICIPATING IN THE ACTIV1TY. THIS IS A BASIC SAFETY PRECAUTION AND IS REQUIRED. PARTICIPATION INCLUDES RIDING IN/ON THE VESSEL. I/WE ASSUME THE RISKS OF PERSONAL INJURY, ACCIDENTS AND/OR ILLNESS. INCLUDING BUT NOT LIMITED TO: SPRAINS, TORN MUSCLES AND/OR LIGAMENTS, FRACTURED OR BROKEN BONES, EYE DAMAGE, CUTS, WOUNDS, SCRAPES, ABRASIONS AND /OR CONTUSIONS, DEHYDRATION, DROWNING, OXYGEN SHORTAGE (ANOXIA) AND/OR EXPOSURE, HEAD, NECK AND/OR SPINAL INJURIES. BITE OR ATTACK BY ANIMAL(S), INSECT OR MARINE LIFE, ALLERGIC REACTION, SHOCK, PARALYSIS OR DEATH.

COVENANT OF GOOD FAITH: I/WE RECOGNIZE THAT YOU, PROVIDER OF SERVICES, WILL OPERATE UNDER THE COVENANT OF GOOD FAITH AND FAIR DEALING, BUT YOU MAY FIND IT NECESSARY TO TERMINATE AN ACTIVITY DUE TO FORCES OF NATURE, MEDICAL NECESSITIES OR OTHER PROBLEMS, AND/OR REFUSE OR TERMINATE THE PARTICIPATION OF ANY PERSON YOU JUDGE TO BE INCAPABLE OF MEETING THE RIGORS OR REQUIREMENTS OF PARTICIPATING IN THE ACTIVITY. I/WE ACCEPT YOUR RIGHT TO TAKE SUCH ACTIONS FOR THE SAFETY OF MYSELF AND/OR OTHER PARTICIPANTS.

AUTHORIZATION: I/WE HEREBY AUTHORIZE ANY MEDICAL TREATMENT DEEMED NECESSARY IN THE EVENT OF ANY INJURY WHILE PARTICIPATING IN THE ACTIVITY. I/WE EITHER HAVE APPROPRIATE INSURANCE OR, AGREE TO PAY ALL COSTS OF RESCUE AND OR MEDICAL SERVICES AS MAY BE INCURRED ON MY/OUR BEHALF. I/WE AGREE ANY FILM OR PHOTOGRAPHS AS A PARTICIPANT BECOME YOUR PROPERTY AND MAY BE USED FOR PROMOTIONAL OR COMMERCIAL PURPOSES. RELEASE OF LIABILITY: IN CONSIDERATION OF SERVICES OR PROPERTY PROVIDED, I, FOR MYSELF AND ANY MINOR CHILDREN FOR WHICH I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE, ANY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, AGREE THAT WALLYS WATERSPORTS LLC 7160 CR 271 MICO, TEXAS AND MIKE CRANDALL/SUNSET RESORT AT MEDINA LAKE LLC 200 CR 2620 MICO,TEXAS, ITS-PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, THEIR INSURERS AND EACH AND EVERY LAND OWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AN ACTIVITY IS CONDUCTED AND THEIR INSURERS, IF ANY, SHALL HAVE NO LIABILITY OF ANY NATURE FOR ANY AND ALL DAMAGE TO ME AND OTHER PERSONS OR PROPERTIES AS A RESULT OF ANY ACTS, OMISSIONS OR NEGLIGENCE OF THE "OWNER" OR ANY OTHER PERSON (INCLUDING MYSELF) OR ENTITY AND I/WE HEREBY RELEASE AND DISCHARGE OWNER AND INSURER, IF ANY, FOR ANY SUCH DAMAGE.

I HAVE READ THE ACKNOWLEDGMENT OF RISKS. ASSUMPTION OF RISKS AND RESPONSIBLITY, AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I MAY BE WAVING VALUABLE LEGAL RIGHTS. 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.,

July 1, 2025




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