Hired-captain release.

01, This Is Your Boat: We Provide the Captain, Not the Vessel

I understand that Travis Wake Charters LLC is providing a captain and nothing else. The Vessel is not owned, leased, insured, maintained or supplied by Travis Wake Charters LLC. I REPRESENT AND WARRANT that I am the owner of the Vessel or have the owner's authority to place it under the command of a captain I have hired; that the Vessel is currently registered and lawful to operate on Lake Travis; that it carries the safety equipment required by Texas law and the U.S. Coast Guard for a vessel of its type and the number of people aboard, including a wearable life jacket for every person; and that it is, to the best of my knowledge, mechanically sound and seaworthy. I understand that the Captain will rely on these representations and did not inspect, survey or service the Vessel.

02, Insurance

I REPRESENT that the Vessel is covered by a hull and marine liability insurance policy that is in force on the date of service, and I AGREE THAT MY POLICY IS PRIMARY for any loss of or damage to the Vessel, its engine, its equipment and its contents, and for any injury to any person or damage to any other property arising from the operation of the Vessel, whether or not the Captain was at the helm. I will not look to Travis Wake Charters LLC, the Captain or their insurers to pay for damage to my own Vessel. If my policy requires the insurer's consent to a hired operator, or lists named operators only, I have obtained that consent or accept the consequences of not having done so. On request I will provide the policy's declarations page before departure.

03, The Captain's Authority, Even Though It Is Your Boat

I agree that while the Captain is aboard as the hired operator, THE CAPTAIN HAS SOLE AND ABSOLUTE AUTHORITY over the navigation, speed, route and safe operation of the Vessel and over the conduct of every person aboard, and that this authority is a condition of the service. The Captain may decline to depart, may return to the dock, or may end the engagement at any time if in the Captain's judgment the Vessel, its equipment, the weather, the water, the number of people aboard, or the conduct or sobriety of anyone aboard makes continuing unsafe, and I understand that hours already booked are still owed in that event. I will not countermand the Captain's safety instructions, and I will not take, or direct anyone else to take, the helm without the Captain's express agreement.

04, Acknowledgement and Assumption of Risk

I acknowledge that boating and towed watersports carry inherent risks that no captain can eliminate, including: weather, wind, lightning and changing water conditions; collision with other vessels, docks, buoys, debris or submerged objects; grounding; capsizing, swamping or sinking; falls aboard, overboard or on wet surfaces; the risks of wakesurfing, wakeboarding, tubing, water skiing, hydrofoiling and swimming, including high-speed impact with the water and contact with the Vessel, its propeller or its wake; carbon monoxide near the swim platform; mechanical, electrical, steering or throttle failure of the Vessel, WHICH IS MINE AND WHICH THE CAPTAIN DID NOT INSPECT; heat, sun and dehydration; and the conduct of other people aboard and of other boaters. I VOLUNTARILY ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN, FOR MYSELF AND FOR EVERY PERSON I BRING ABOARD, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES NAMED BELOW.

05, Release of Liability

I HEREBY RELEASE, WAIVE AND DISCHARGE TRAVIS WAKE CHARTERS LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, CAPTAINS, INSTRUCTORS, CONTRACTORS AND INSURERS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS OF ANY KIND FOR INJURY, ILLNESS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY, EXPRESSLY INCLUDING THE VESSEL ITSELF, ITS ENGINE AND EQUIPMENT, ARISING OUT OF OR CONNECTED WITH THE CAPTAIN'S OPERATION OF THE VESSEL OR THE ACTIVITIES CONDUCTED FROM IT, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This release is intended to be as broad as Texas law allows. I UNDERSTAND THAT UNDER TEXAS LAW A PERSON MAY NOT GENERALLY RELEASE LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND THIS RELEASE DOES NOT REACH EITHER.

06, Your Guests, and Indemnification

Travis Wake Charters LLC has not met, screened, briefed or contracted with the people I bring aboard. I REPRESENT THAT I HAVE AUTHORITY TO AGREE TO THESE TERMS ON THEIR BEHALF, and I will tell them, before departure, that a hired captain is in command and what that means. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM, DEMAND, LOSS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY FEES) BROUGHT BY OR ARISING FROM ANY PERSON ABOARD THE VESSEL AT MY INVITATION, FROM THE CONDITION OF THE VESSEL OR ITS EQUIPMENT, FROM ANY INACCURACY IN THE REPRESENTATIONS I MAKE IN THIS AGREEMENT, OR FROM ANY CLAIM BY MY INSURER AGAINST THE RELEASED PARTIES BY WAY OF SUBROGATION, WHICH I WAIVE TO THE EXTENT MY POLICY PERMITS.

07, Alcohol and Conduct

I understand that the Captain does not consume alcohol while on duty, and that the Captain may end the engagement for intoxicated or unsafe behavior by anyone aboard, without refund of hours booked. I confirm that no one under 21 will be served or permitted alcohol aboard, and that I am responsible for the conduct of everyone I bring.

08, What the Captain Will and Will Not Do

The Captain will operate the Vessel for the booked hours from the meeting point I designate, will run the towed activities I ask for within the Captain's judgment of what is safe, and will return the Vessel to where it was collected. The Captain will not tow, trailer, launch, haul, fuel, service, repair or store the Vessel, will not operate it after dark or outside Lake Travis, and will not operate it in a condition or manner the Captain considers unsafe. Fuel, launch and slip fees are mine. Hours run from the agreed start time whether or not the Vessel is ready.

09, Payment

The service is billed by the hour at the rate quoted when it was booked, plus applicable Texas sales tax, and is payable in full on the day of service before the Captain leaves the Vessel unless other arrangements were agreed in writing. Hours booked are hours owed, including hours cut short for the safety or conduct reasons described above; time added on the day is billed at the same hourly rate.

10, Photo and Media Release

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

11, Emergency Medical Authorization

I authorize the Captain to obtain or administer emergency medical treatment for anyone aboard should it be necessary, and I accept responsibility for all costs of such treatment and transport.

12, Arbitration, Jury Trial Waiver and Class Action Waiver

ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE 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.

13, Governing Law, Venue, Fees and Severability

This Agreement is 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 remainder shall remain in full force and effect.

14, Acknowledgement of Understanding

I have read this Agreement. I understand that it is a contract, that it is binding on me personally and on the people I bring aboard, and that by signing it I am giving up valuable legal rights, including rights I might otherwise have against Travis Wake Charters LLC and the Captain for damage to my own Vessel. I FULLY AGREE, IN CONSIDERATION FOR THE CAPTAIN'S SERVICES, TO HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES AS SET OUT ABOVE. I sign this Agreement freely and voluntarily.