Liability Waiver

Texas Forever Charters, LLC — Liability Waiver and Release Agreement

1. Assumption of Risk

I acknowledge that participation in boating and related recreational activities aboard the vessel operated by Texas Forever Charters, LLC involves inherent risks, including but not limited to slips, falls, drowning, collisions, sun exposure, and bodily injury. I voluntarily assume all such risks, whether anticipated or not. These risks apply whether I am swimming, using paddle boards or float mats, tubing or participating in other towed activities, jumping off the vessel, climbing, consuming alcohol, or participating in any other activity while on or near the vessel.

2. Rules, Conduct & Compliance

• Alcohol: Guests 21+ may bring their own alcohol. Underage drinking is prohibited.
• Charter organizer age: The person who booked this charter must be 21 years of age or older. They are legally responsible for ensuring no one under 21 consumes alcohol on board.
• No illegal drugs or unauthorized substances. Violation results in immediate removal and possible legal action.
• No glass containers on deck (glass permitted in yacht cabin only).
• No standing while vessel is underway.
• No limbs outside railings while underway.
• No littering.
• No smoking anything that produces ash on the vessel. Vaping is permitted on deck. Smoking is permitted in the water or on float mats while anchored.
• No nudity.
• No sexual activity.
• Reckless or unsafe behavior may result in removal without refund.

3. Health, Safety & Medical

I certify that I am physically and mentally fit. USCG-approved life jackets are available for all guests. Children under 13 must wear one while on deck unless inside the cabin. I acknowledge that Lake Travis is a natural body of water and that water conditions including bacteria, pollutants, and environmental factors are outside the control of Texas Forever Charters, LLC. By entering the water I voluntarily assume all related risks.

4. Tubing & Towed Activities

Tubing and other towed water activities involve elevated risk beyond passive vessel operation. By participating in tubing or any towed activity offered by Texas Forever Charters, LLC, I acknowledge and accept the following:

• Inherent risks include but are not limited to: falls from the tube, collisions with the tube or other riders, whiplash, dislocations, joint injuries, head and neck impacts with the water surface, equipment failure, drowning, and injuries caused by sudden maneuvering of the towing vessel.
• Personal flotation devices (PFDs) are required for every guest participating in tubing, regardless of age or swimming ability. No exceptions. Refusal to wear a PFD disqualifies the guest from tubing.
• Minimum age for tubing is 10 years. Guests under 10 may not participate. The captain retains discretion to refuse tubing for any guest based on age, physical condition, behavior, or conditions on the water.
• Physical condition disclosures. I certify that I do not have any condition that would make tubing unsafe for me. I will not tube if I am pregnant, have a back or neck condition, have had recent surgery, have a heart condition, or am otherwise physically unable to safely participate. I will disclose any other relevant medical condition to the captain before participating.
• Captain authority. The captain controls the speed, route, and duration of the tow. I agree to follow all signals, hand instructions, and verbal directions from the captain and crew. I accept the consequences of normal towing operation.
• Equipment. Tubes, ropes, harnesses, and other towing equipment are subject to wear and may fail without warning. I acknowledge this risk and release Texas Forever Charters, LLC from liability for equipment-related injuries.
• Voluntary participation. Tubing is an optional add-on activity. By participating I am doing so voluntarily, with full knowledge of the risks described above, and I assume all risks of injury, death, or property damage arising from my participation.

5. Passenger Limits & Off-Boat Liability

The vessel is licensed for 20 guests plus crew (yacht) or 13 guests plus crew (pontoon). If I leave the vessel and board another boat while anchored, I do so at my own risk and release Texas Forever Charters, LLC from any liability during that time.

6. Vessel Operation

The vessel is operated by Daniel Kilpatrick and/or Dane Kilpatrick, certified Party Boat Operators. I agree to follow all captain and crew instructions at all times.

7. Indemnification & Release

I agree to fully release, indemnify, and hold harmless Texas Forever Charters, LLC from all claims or liabilities including those arising from negligence or accident.

8. Damage

I will be financially responsible for any damage caused by my actions. A minimum $250 fee applies for damage. If damage exceeds $250, I agree to pay the full cost of repair or replacement.

9. Governing Law

This agreement is governed by the laws of the State of Texas. Disputes will be resolved in Travis County, Texas.

10. Minors

Minors must be accompanied by a parent or guardian who signs on their behalf. The guardian assumes full responsibility for the minor's actions and safety.

11. Electronic Signature

By typing my full legal name below, I agree that my electronic signature is the legally binding equivalent of my handwritten signature. I will not claim at any future time that my electronic signature is not legally binding or enforceable.

12. Media Release

I grant Texas Forever Charters, LLC the right to use my name, image, voice, and likeness in photos or videos taken during the charter for marketing purposes. If I do not consent, I will notify the captain before the charter begins.