Reserve Your Day
On The Lake.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of XploreATX LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "XATX"), I hereby agree to release, indemnify, and discharge XATX, 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 Boat Tours, Guided and Supervised Swimming, and Guided Jet Ski Tours entails 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; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat or PWC capsize and entrapment; accidental drowning; watercraft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; and the physical exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered. 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) and wetsuit bottom (or clothing that provides equivalent protection) while participating in jet skiing/PWC activities. 3. Indemnity, Release, and Hold Harmless Agreement in favor of XATX. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless XATX 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 XATX'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 XATX. 4. Should XATX or anyone acting on their behalf be required to incur attorney 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 XATX, 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 XATX 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 XATX. 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. --- PHOTO & MEDIA RELEASE I hereby grant XploreATX LLC and its representatives permission to photograph, film, and/or record me and members of my party during our participation in any XploreATX activity. I agree that XploreATX may use such photos, videos, and recordings for promotional purposes, including but not limited to social media platforms (Instagram, Facebook, TikTok, etc.), websites, marketing materials, and advertising, without compensation or further notice to me. I waive any right to inspect or approve the use of such media. --- PROTECTIVE WETSUIT REFUSAL AGREEMENT I have been fully warned and advised by XploreATX LLC that I should wear properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina, causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers' requirements and putting myself at risk for injuries.