& ASSUMPTION OF RISK
Texas Wake Academy Student Agreement
Including assumption of risks and agreements of release and indemnity.
Read this agreement carefully. It affects the legal rights of students of the Texas Wake Academy (owned and operated by AEYNKR LLC, a Texas limited liability company) and their parents and legal guardians. It must be signed by adult (eighteen years and older) students or, if the student is a minor, by the minor’s parent or court appointed guardian (parent and guardian both referred to below as “parent”). Parents sign for themselves and, to the extent allowed by the laws of the State of Texas, on behalf of the student.
In consideration of the services of the Academy, I, the undersigned adult student or parent or guardian, acknowledge and agree as follows:
The Activities: The Academy will offer day camp sessions originating at Boat Town in Kingsland, Texas on Lake LBJ and at Safe Harbor Emerald Point in Austin, Texas on Lake Travis (“the Lake”). It will offer private lessons at mutually agreed-upon sites on the Lake, which may include the use of the boat, jetski, eFoil, or other equipment of the student. The Academy offers a variety of water-based activities including recreational swimming and tubing and instruction in waterskiing, wake foiling, eFoiling, wakeboarding and wakesurfing. Activities are described at the Academy’s website, “www.texaswakeacademy.com”. Boat crews will be in cellphone contact from the water in the event of an emergency.
Participation in the activities of the Academy requires moderate strength and agility, good swimming skills, and a high level of comfort and security in and on the water. Students will be tested for swimming skills and water safety and will receive instruction regarding proper conduct on and about boats. Personal floatation devices must be worn by all boat passengers under the age of thirteen and by ALL persons otherwise engaged in other water-based activities, excepting only recreational swimming.
The Risks: The risks of the Academy activities are those usually associated with boating and lake watersports and recreation including in proximity to other watercraft of various sizes and power. The student and the boat which they follow are subject to unpredictable maneuvers, intentional or otherwise, and including those of other boats, and a variety of water conditions, including waves and other disturbances created by them. Students may be struck by or otherwise collide with other watercraft and objects on and under the surface of the water. Students must exercise extreme caution around the rear of the boats and eFoil craft, whose propellers can cause serious injury. Students may encounter harmful waterborne and other illnesses and diseases, including the Covid-19 virus discussed below. Falls are inevitable, and may result in a variety of breaks, sprains and other injuries. Drowning must be considered a possibility. Emergency medical care may be delayed, including by reason of bringing an injured student ashore. Weather and water conditions may change suddenly. While Academy staff seek to manage the risks of its activities, they are not infallible and may make mistakes, including, among others, being unaware of a student’s fitness or abilities, the weather, and characteristics of the water and boat traffic.
Covid-19: The Covid-19 pandemic (“coronavirus”, or “the virus”) has made necessary, certain health practices and policies for the protection of Academy students and staff. The virus can cause serious illness and even death. Important information about the virus and strategies for its prevention and spread can be found at the website of the Center for Disease Control and Prevention: https://www.cdc.gov/coronavirus/2019-nCoV/index.html. Important and related information can also be found at the website of the Texas Department of State Health Services: dshs.Texas.gov/coronavirus. In addition, parents and students must read carefully, understand and comply with the Academy’s own policies or guidelines, posted at the Academy’s website, “www.texaswakeacademy.com/covid-19”.
By signing below, I, an adult student or parent, represents that I am familiar with the virus and the disease caused by it, and recommended measures for its prevention and spread. As a parent, I further agree that I have discussed these matters with the minor student. I have taken reasonable steps to screen for the disease and prevent its spread to Academy students and staff.
Assumption of Risks: I, an adult student or parent of a student who is a minor (as parent, for myself and, to the maximum extent allowed by Texas law, on behalf of the minor) understand that the risks described above, and others, may result in damage to property, personal injuries, emotional distress, illness and even death. Such injuries, illnesses and losses are inherent in Academy activities and in moving about its activity sites and in using its equipment; that is, they cannot be eliminated without jeopardizing the essential qualities of the activity.
I accept and assume all the risks of being enrolled in the Academy and participating in its activities, inherent or not and whether or not described above. If I am the parent of a minor student, I have explained the risks to the student, who understands them and wishes to be enrolled and to participate in Academy activities in spite of the risks.
Release and Indemnity: I, an adult student or parent of a student who is a minor (as parent, for myself and, to the maximum extent allowed by Texas law, on behalf of the minor) hereby knowingly and voluntarily agree not to sue, and to release, forever discharge, and indemnify (that is, defend and protect, including by paying or reimbursing claims, costs, attorneys’ fees and insurance deductibles) AEYKNR LLC, doing business as Texas Wake Academy, Sun Communities Inc and affiliates, Boat Town inc., Burger Bar LLC, Squaw Creek Holdings LLC, and Highland Lakes Foiling LLC their respective owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (“Released and Indemnified Parties”) from any and all claims, suits, demands, or causes of action which arise from or are in any way related to the student’s being enrolled in or participating in the activities of Texas Wake Academy. This agreement of indemnity is intended to include claims arising out of losses suffered by or caused by the student. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the student’s becoming infected by, or, with respect to indemnity, infecting others with a communicable disease, including Covid-19. The agreements include claims of negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
As an adult student or parent of a minor student, I represent that I am, or the minor is, in good health, without any emotional or physical condition which would cause me or the minor to be a danger to ourselves or to others. In the event of a medical emergency, I authorize the Academy to seek immediate care, and, if I am a parent, I expect to be informed of the emergency as soon as reasonably possible. I have adequate insurance to cover any injury or damage that I or the minor student may cause or suffer while participating in the Academy. In any event, I, an adult student or parent, agree to bear the costs of such injury or damage, including transportation and medical care.
As an adult student or parent I consent to the use by the Academy, without further consideration, of photographs, videos, audio recordings and other media representing me or the minor, for advertising or other purposes.
I agree that the Academy may terminate the participation of any student who, in the sole discretion of staff, disrupts the orderly conduct of the class, fails to follow the directions of staff, or is a danger to themselves or to others. A student who is expelled from a class is not entitled to a refund of tuition.
If I or the minor student, or anyone acting on behalf of me or the minor student, should file a lawsuit against a Released Party, I agree that it must be filed and maintained solely in a court of competent jurisdiction in Travis County, Texas. I further agree that the substantive laws of the State of Texas shall apply in that action without regard to the conflict of law rules of Texas. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have carefully read and understood this document, and I agree to its terms, for myself and the minor student, if any, our respective estates, and all members of our respective families (including a non-signing parent) who may have a claim in the event of a loss suffered by me or the minor student. This agreement will apply to my, or to the student’s, upcoming camp session or lesson, and to future sessions until it is replaced by a later document. That future document will apply to sessions thereafter but will have no effect on rights created by this agreement.