Liability waiver.

01, This Is a Captained Charter: You Are a Passenger

I understand that this is a CAPTAINED CHARTER and NOT a boat rental. The vessel (the "Vessel") is owned and operated by Travis Wake Charters LLC and is under the command of a captain provided by Travis Wake Charters LLC (the "Captain") at all times. I am boarding as a PASSENGER. I am not chartering the Vessel bareboat, I do not take possession, command, custody or control of it, and I have no responsibility for its navigation. I AGREE THAT I WILL NOT OPERATE THE VESSEL, ITS HELM, THROTTLE, ENGINE, BALLAST OR WAKE-SHAPING CONTROLS AT ANY TIME, and that if I do so, or permit any member of my party to do so, without the Captain's express direction, I accept full responsibility for anything that results.

02, Acknowledgement of Risks

I fully acknowledge that some, but not all, of the risks of participating in the Charter in which I am about to engage may include: (1) wind shear, inclement weather, lightning, and variances and extremes of wind, weather and temperature; (2) my own sense of balance, physical condition, and ability to use the watersports equipment provided, to swim, and to follow directions; (3) collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of, and injury, illness or death resulting from, insects, animals and marine life; (5) equipment failure, operator error and transportation accidents; (6) heat- or sun-related injuries or illness, including sunburn, sunstroke and dehydration; (7) fatigue, chill and/or dizziness, which may diminish my reaction time and increase the risk of an accident; and (8) slippery decks and steps when wet.

03, Charter-Specific Risks

I further acknowledge the risks specific to this Charter: wakesurfing, wakeboarding, water skiing, kneeboarding, hydrofoiling and similar towed board or ski activities; being towed behind the Vessel by a rope, handle or boom, and the falls, "wipeouts" and high-speed impact with the water that may result; riding on or being towed in inflatable tubes or other towable devices; use of floating mats, lily pads and similar platforms; entering and exiting the water and the Vessel, including use of the swim platform and boarding ladder; contact with the wake, the Vessel, the propeller, ballast or wake-shaping equipment, or other watercraft; swimming, diving and submersion in open water; sudden acceleration, deceleration, turning or maneuvering of the Vessel; exposure to engine exhaust and carbon monoxide near the swim platform; striking submerged or floating objects, debris, rocks, docks, buoys or other vessels; and the conduct of other passengers and of other operators on the waterway.

04, Instruction and Fitness to Participate

I specifically acknowledge that I have been given instructions and training in the safe use of the watersports equipment I choose to use during this Charter (boards, skis, ropes, handles, towables and life vests), to my complete satisfaction; that I understand them fully; and that I am physically and mentally able to participate in the Charter in which I am about to engage. I understand that the Vessel itself is operated by the Captain and that I am not expected or permitted to operate it.

05, Medical Disclosures

I understand that past or present medical conditions may be a contraindication to my participation in the Charter. I affirm that I am not currently suffering from a cold or congestion and do not have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID-19 or a similar illness). I affirm that I do not have a history of seizures, dizziness or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina or heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from a back, spine or neck injury. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.

06, Contractual and Express Assumption of Risk and Responsibility

I fully agree to assume all responsibility for all the risks of the Travis Wake Charters LLC captained Charter in which I am about to engage, whether identified above or not. I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES NAMED BELOW. My participation in the Charter is completely voluntary. I assume full responsibility for myself and for any minor children for whom I am responsible. This responsibility extends to any bodily injury, accident, illness, paralysis, death, loss of personal property and the expenses thereof arising from any accident which may occur while we participate in the Activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES NAMED BELOW.

07, Release of Liability

I HEREBY RELEASE TRAVIS WAKE CHARTERS LLC, ITS AFFILIATED AND RELATED COMPANIES, THEIR PRINCIPALS, DIRECTORS, OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CAPTAINS, INSTRUCTORS, CONTRACTORS AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MARINA, RAMP OPERATOR, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY THE ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, AND EACH AND EVERY BOOKING PLATFORM OR COMPANY WHICH FACILITATED PARTICIPATION AND/OR THE PURCHASE OF TICKETS (COLLECTIVELY, THE "RELEASED PARTIES"), FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN, AS WELL AS TO OTHER PERSONS, AS A RESULT OF MY OR OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF). THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY TEXAS LAW. I UNDERSTAND THAT UNDER TEXAS LAW A PERSON MAY NOT GENERALLY RELEASE LIABILITY FOR GROSS NEGLIGENCE, AND THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AS DEFINED UNDER TEXAS LAW.

08, Group Representation and Indemnification

If I am booking or signing on behalf of others, I REPRESENT THAT I AM AUTHORIZED TO DO SO FOR ALL MEMBERS OF MY PARTY AND ACCEPT RESPONSIBILITY FOR INFORMING THEM OF THESE TERMS. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) BROUGHT BY OR ARISING FROM ANY MEMBER OF MY GROUP, MY OWN ACTIONS OR NEGLIGENCE, MY FAILURE TO FOLLOW SAFETY INSTRUCTIONS, OR ANY DAMAGE CAUSED BY ME OR MY GROUP.

09, Alcohol and Conduct Policy

I understand that alcohol consumption increases risk on the water. I agree that I will act responsibly at all times, that I will follow all instructions given by the Captain, and that I will not engage in reckless, dangerous or unsafe behavior. I understand that Travis Wake Charters LLC reserves the right to end the Charter immediately and without refund for unsafe or intoxicated behavior, and I accept full responsibility for any incident related to my alcohol consumption or that of my guests. I confirm that no person in my party will consume alcohol in violation of Texas law, and that no one under 21 will be served or permitted alcohol aboard.

10, Captain's Authority and Weather

I acknowledge that the Captain has absolute and sole authority over the Vessel, its navigation, its route, its speed and every person aboard, and may modify, shorten or end the Charter at any time for reasons of safety, weather, water conditions, mechanical concern, or the conduct of passengers. I agree to follow the instructions of the Captain and crew immediately and without argument, including instructions about where to sit, when to enter or exit the water, and the wearing of life vests. I understand that decisions regarding weather and water conditions rest solely with the Captain. I understand that a Charter shortened or ended early because of the conduct of anyone in my party is not refunded, and that a Charter shortened or ended early for weather or safety reasons, and any cancellation before departure, is handled under the cancellation policy published at traviswakecharters.com/cancellation. I understand that the Captain does not consume alcohol while on duty.

11, Damage, Cleaning and Card Authorization

Because this is a captained Charter, I am not responsible for the navigation of the Vessel, but I AM responsible for what I and my party do aboard it. I AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGE CAUSED BY ME OR ANY MEMBER OF MY PARTY, WHETHER BY NEGLIGENCE, MISUSE, ABUSE, HORSEPLAY, INTOXICATION, DISREGARD OF THE CAPTAIN'S INSTRUCTIONS OR ANY INTENTIONAL ACT, TO THE VESSEL, ITS ENGINE, HULL, UPHOLSTERY, ELECTRONICS, SOUND SYSTEM, EQUIPMENT, BOARDS, ROPES, TOWABLES, LIFE VESTS OR ANY OTHER PROPERTY OF THE RELEASED PARTIES, AT FULL REPAIR OR REPLACEMENT COST. This includes gear lost overboard, gear left behind, and damage caused by any item I bring aboard. FOR THE AVOIDANCE OF DOUBT, this section does NOT make me responsible for ordinary wear and tear, for mechanical or equipment failure not caused by my party, or for damage arising from the Captain's operation or navigation of the Vessel. I UNDERSTAND AND AGREE THAT WHERE THIS SECTION DOES APPLY, MY LIABILITY IS NOT CAPPED, IS SUBJECT TO NO MAXIMUM OR DEDUCTIBLE, AND IS NOT LIMITED TO THE AMOUNT OF THE DEPOSIT, THE CHARTER PRICE OR ANY OTHER SUM. It extends to the full cost of repair or replacement plus any loss of use, towing, salvage, haul-out, survey and diagnostic costs, and any charter revenue lost while the Vessel is out of service. I further understand that returning the Vessel in an unclean or unsanitary condition, including excessive trash, food or drink spills, bodily fluids or vomit, creates a health and safety concern, delays subsequent guests, and will incur a cleaning fee. I AUTHORIZE TRAVIS WAKE CHARTERS LLC TO CHARGE THE PAYMENT CARD PROVIDED FOR THIS BOOKING, IN ANY AMOUNT AND WITHOUT A PRE-SET LIMIT, FOR ANY SUCH DAMAGE, CLEANING FEE OR ADDITIONAL COST FOR WHICH I AM RESPONSIBLE, AND THIS AUTHORIZATION SURVIVES THE END OF THE CHARTER. Travis Wake Charters LLC will notify me in writing of any such charge with an itemized description of the damage or cost incurred. If the card is declined or the amount exceeds what the card will authorize, I REMAIN PERSONALLY LIABLE FOR THE FULL BALANCE, together with any reasonable costs of collection.

12, Photo and Media Release

I grant Travis Wake Charters LLC permission to use photographs and video taken during the Charter for marketing, advertising and promotional purposes without compensation. If I do not wish to appear in such material, I will tell the Captain before departure and Travis Wake Charters LLC will honor that request.

13, Emergency Medical Authorization

I authorize Travis Wake Charters LLC and its crew to obtain or administer emergency medical treatment for me or for any minor for whom I am responsible should it be necessary, and I accept responsibility for all costs related to such treatment and transport.

14, Arbitration, Jury Trial Waiver and Class Action Waiver

ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE CHARTER SHALL BE RESOLVED BY BINDING ARBITRATION IN TRAVIS COUNTY, TEXAS, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. I UNDERSTAND THAT BY AGREEING TO ARBITRATION I AM WAIVING MY RIGHT TO A TRIAL BY JURY AND MY RIGHT TO PARTICIPATE IN A CLASS ACTION.

15, Governing Law, Venue, Fees and Severability

This Agreement shall be governed by the laws of the State of Texas. Any legal action relating to or arising out of this Agreement, and not subject to arbitration, shall be commenced exclusively in the state courts of Travis County or Burnet County, Texas, and I consent to the jurisdiction of those courts. I agree to reimburse in full any reasonable attorney fees incurred by Travis Wake Charters LLC or its insurers in defending any legal action brought in breach of this Agreement. If any portion of this Agreement is found unenforceable, that portion shall be limited or removed to the minimum extent necessary and the remaining provisions shall remain in full force and effect.

16, Minor and Guardian Consent

If I am signing on behalf of a participant under 18 years of age, I confirm that I am that participant's parent or legal guardian, that I have the authority to sign on their behalf, that I consent to their participation, and that I agree to every term of this Agreement on their behalf and on my own, AND THAT I AM PERSONALLY AND FINANCIALLY RESPONSIBLE FOR ANY DAMAGE CAUSED BY THAT MINOR ON THE SAME UNCAPPED TERMS SET OUT IN THE DAMAGE SECTION ABOVE.

17, Acknowledgement of Understanding

I have read this assumption and acknowledgement of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights, including any and all rights I may have against Travis Wake Charters LLC, as owner and operator of the Vessel, the Captain and crew, and their employees, agents, servants or assigns. I FULLY AGREE, IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER, TO HOLD HARMLESS AND INDEMNIFY TRAVIS WAKE CHARTERS LLC AND ITS EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH). I sign this Agreement freely and voluntarily.