Premise Waiver

1. I acknowledge, represent, and warrant that (a) I have no physical limitations, conditions, or disabilities of any kind whatsoever that would inhibit me from using the Facilities and Equipment and (b) I am not under the influence of alcohol or any drugs.  If I am taking prescribed medication, I acknowledge, represent, and warrant that I have seen a physician and have that physicians approval to use the Facilities,Activities,Water Related Recreational Activities and Equipment while under the influence of such medication.
2. I agree to follow all rules, procedures, and instructions discussed with or provided to me by Lake Longhorn Enterprises, LLC or the Trust and/or its owners, employees, agents, and representatives, including all such rules, procedures, and instructions about my safety and the safety of others.
3. I, as a voluntary participant and guest of Lake Longhorn Enterprises, LLC, or the Trust including on behalf of my heirs, successors, assigns, and representatives, do hereby RELEASE, WAIVE, AND DISCHARGE LAKE LONGHORN ENTERPRISES, LLC, and the TRUST its directors, agents, officers, members, employees, representatives, successors, and assigns (collectively, "Releasees") FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, AND DEMANDS WHATSOEVER, IN LAW OR IN EQUITY, ARISING FROM OR RELATED TO MY USE OF THE FACILITIES AND EQUPMENT RESULTING IN ANY LOSS, DAMAGE, OR INJURY, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY, OR MEDICAL COMPLICATIONS, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.  I further agree that if, despite this RELEASE AND WAIVER OF LIABILITY, I, or anyone on my behalf, makes a claim against any of the Releasees, I SHALL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST WHICH MAY BE INCURRED AS A RESULT OF SUCH CLAIM.  I further agree to INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST ARISING FROM OR RELATED TO MY USE OF THE FACILITIES RESULTING IN ANY LOSS, DAMAGE, OR INJURY, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY, OR MEDICAL COMPLICATIONS, TO THIRD PARTY USERS OF THE FACILITIES OR TO ANY OF THE RELEASEES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. I am fully aware of the risks involved and the hazards connected with my use of the Facilities,Activities,Water Related Recreational Activities and Equipment  including but not limited to serious injury or death, and I hereby elect to voluntarily participate in and use the Facilities with full knowledge that said activities may be hazardous to me or my personal property.  I voluntarily ASSUME FULL RESPONSIBILITY FOR ALL RISK of loss, property damage, or personal injury, INCLUDING DEATH, that may be sustained by me or property owned by me, whether foreseeable or unforeseeable, known or unknown, arising from or related to my use of the Facilities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
5. I understand that the Releasees do not carry or maintain health, medical, or disability insurance coverage for me.  Further, I affirm that I carry and maintain medical insurance for my own benefit and/or the benefit of the Minor Participant(s).
6. The validity of this Waiver and any of its terms and provisions shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of Texas.  The venue for any action to enforce or interpret this Waiver shall be in a court of competent jurisdiction located in Galveston County, Texas.

 BINDING ARBITRATION

The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby  agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two  party-appointed  arbitrators  (one  arbitrator  to  be appointed  by each party) and one neutral  arbitrator  (collectively, the  "Panel"),  to  be chosen  by  the  party-appointed  arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs  associated  with  the  party-appointed  arbitrators,  and  the parties shall share equally the  costs associated with  the  neutral arbitrator.  The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation  against  the  Host  in  a  court  of law, and  you  are giving up your  right to a trial  by  jury.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceedings 

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS WAIVER IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.  I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THIS WAIVER HAS NO EXPIRATION DATE.