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LAKE WHITNEY WATER RENTALS

VOLUNTARY ACKNOWLEDGEMENT OF RISKS, RELEASE OF LIABILITY, WAIVER CLAIMS AND INDEMNIFICATION, ARBITRATION AGREEMENT, AND IMAGE RELEASE AGREEMENT

LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. This is a legally binding document that affects your legal rights, including the right to sue. By signing, you acknowledge that you have read, understood, and voluntarily agree to be bound by all terms.

I, the undersigned ("Participant"), voluntarily choose to rent equipment, including kayaks, paddles, personal flotation devices (PFDs), and/or flotation devices (e.g., lily pads) ("Equipment"), from Whitney Water Rentals LLC ("Company") and participate in water-based recreational activities on Lake Whitney, Texas ("Activities").

1. Acknowledgment of Risks

I understand that the Activities involve inherent risks, including but not limited to:

  • Physical or mental injury, drowning, illness, or death due to water hazards, currents, or collisions.
  • Injuries such as broken bones, sprains, strains, concussions, or cuts.
  • Damage to personal property or the property of others.
  • Risks from weather conditions (e.g., lightning, wind, storms) or wildlife encounters.
  • Risks from defective or improperly used Equipment, inadequate supervision, or the actions of other participants.

These risks cannot be eliminated, and I voluntarily assume all risks, known and unknown, associated with the Activities and Equipment use.

2. Release of Liability

To the fullest extent permitted by Texas law, I, on behalf of myself, my heirs, assigns, and estate, release and forever discharge Whitney Water Rentals LLC, its affiliates, owners, employees, agents, and insurers (collectively, "Released Parties") from any and all claims, demands, or causes of action arising out of my participation in the Activities or use of the Equipment, including claims for ordinary negligence. This release does not apply to claims for gross negligence or intentional misconduct, which are not waived.

3. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from any claims, losses, or expenses (including reasonable attorneys’ fees) arising from my participation in the Activities or use of the Equipment, including claims by third parties alleging injury or damage caused by my actions. This obligation applies even if the Released Parties are found partially negligent, to the extent permitted by Texas law.

4. Safety Obligations and Rules

I agree to:

  • Wear a properly fitted, U.S. Coast Guard-approved PFD at all times while on the water.
  • Inspect Equipment before use and report any defects to the Company immediately.
  • Refrain from using alcohol, drugs, or substances that impair my ability to participate safely.
  • Follow all Company instructions, park regulations, and applicable federal, state, and local boating laws, including Texas Parks and Wildlife Department regulations.
  • Exercise reasonable care to avoid hazards and collisions.
  • Report any injuries or Equipment damage to the Company promptly.
  • Ensure minors under my supervision (if applicable) comply with all rules and are supervised at all times during the Activities.

5. Physical Condition

I certify that I am in good physical and mental health to participate in the Activities and do not have any condition that could impair my ability to do so safely. I have consulted with a physician if necessary.

6. Image Release

I grant the Company permission to use my likeness, voice, or images recorded during the Activities for promotional or commercial purposes, without compensation. This permission is limited to reasonable marketing efforts and does not include sensitive or defamatory uses.

7. Arbitration and Governing Law

Any disputes arising from this Agreement or my participation in the Activities shall be resolved through binding arbitration in Hill County, Texas, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Each party shall bear its own arbitration costs unless otherwise ordered by the arbitrator. This Agreement is governed by Texas law, including the Texas Civil Practice and Remedies Code § 87.001 et seq., without regard to conflict-of-law principles. I waive my right to a jury trial to the extent permitted by law.

8. Severability and Entire Agreement

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire understanding between me and the Company and supersedes all prior agreements or representations.

9. Minors

If signing for a minor, I certify that I am the minor’s parent or legal guardian with authority to bind the minor to this Agreement. I acknowledge that the minor’s participation involves the same risks as described above. Minors under 5 years old may not use kayaks or other Equipment, except for flotation devices (e.g., lily pads), which may be used by minors aged 3 or older under direct adult supervision. The 8-foot youth kayak is available only for minors aged 8–12 and may only be used if a full-size kayak is rented by an adult (aged 18 or older) in the same rental group, who must supervise the minor during the Activities. Minors aged 5–15 must be accompanied by a parent or guardian (aged 18 or older) during the Activities, either in a tandem kayak or within close proximity on the water. Participants under 18 may not rent or operate Equipment independently.

10. Equipment Return and Financial Responsibility

I agree to return all rented Equipment to the Company in the same condition as received, subject to normal wear and tear, by the agreed-upon return time. I am financially responsible for:

  • The full replacement cost of Equipment that is lost, stolen, or damaged beyond repair due to my negligence or misuse.
  • Late return fees as specified in the Company’s rental agreement.
  • Any costs incurred by the Company to recover Equipment not returned.

11. Cancellation and Refund Policy

I understand that rentals are subject to the Company’s cancellation and refund policy, available at lakewhitneywaterrentals.com. The Company reserves the right to cancel or reschedule Activities due to unsafe conditions (e.g., weather), with no liability beyond offering a refund or rescheduling, per the policy.

12. Emergency Contact Information

I agree to provide accurate emergency contact information below to be used in case of an accident or emergency during the Activities.

13. Acknowledgment

I have read this Agreement, understand its terms, and voluntarily sign it without inducement. I am of sound mind, not impaired, and understand that by signing, I am giving up certain legal rights, including the right to sue for ordinary negligence.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Emergency Contact's Relation to Participant
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.


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
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
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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