SON’S RIVER RANCH
RENTAL AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
This Rental Agreement, including the Assumption of Risk, Release of Liability, and Indemnity Agreement (“Agreement”), is made by and between Son’s Island Getaways, LLC, a Texas limited liability company (the “Company” or “Manager”), which manages and operates the property known as Son’s River Ranch, located at 1400 Sherrill Rd., Kingsbury, Guadalupe County, Texas 78638 (the “Property”). The Property is owned by 1400 Sherrill LLC, a Texas limited liability company (the “Owner”). This Agreement is made between the Company and the individual identified in the signature block below (“Contact”), who agrees to serve as the primary contact for all guests in Contact’s party. The Owner is not a party to this Agreement but is an intended third-party beneficiary of, and is among the parties released and protected by, this Agreement.
Contact represents and warrants that Contact is an adult and agrees to the following on behalf of Contact and all members of Contact’s party (Contact and all those in Contact’s party are referenced collectively and individually as “guest(s)”).
TERMS, CONDITIONS AND AGREEMENT
1. Reservation, Booking & Acceptance.
Contact has received this Agreement because Contact is requesting to reserve one or more of the following at Son’s River Ranch: a daytime riverside cabana, an evening cabana, a riverside or in-water covered picnic table, a glamping cabin, all-inclusive tent camping, bring-your-own-tent camping, and/or tube, kayak, or paddleboard rental (with shuttle service where offered). The reservation is for the accommodation(s) and/or rental(s) determined by Company and is valid only for the date(s) and times reflected on Contact’s invoice. Contact has reviewed the invoice, agrees it is correct, and agrees to pay it in full. If Contact notices any disparity between the invoice and Contact’s understanding of the date(s) reserved, Contact must notify Company immediately, before completing booking and before signing this Agreement.
Acceptance. Contact accepts this Agreement in two steps: (a) by accepting the booking, payment, and cancellation terms and submitting payment at the time of booking; and (b) by signing this Agreement — including the Assumption of Risk, Release of Liability, Indemnity, and Express Negligence Release in Sections 15 and 16 — before entering the Property or participating in any activity. Each guest (or, for a minor, the minor’s parent or legal guardian) must sign this Agreement. Both steps together constitute the parties’ entire agreement.
Company reserves the right to cancel any reservation for any reason prior to the date of the reservation upon 24 hours’ notice, in which event Company will issue a full refund to Contact, provided the cancellation is not the result of any act or omission of Contact. Minors may not be left unaccompanied on the Property at any time during the reservation.
2. Hours / Term.
Contact’s reservation is valid for the type of reservation made and in accordance with Contact’s invoice:
Daytime Cabana Rental: 10:30 a.m. – 6:30 p.m.
Evening Cabana Rental: 7:30 p.m. – 10:30 p.m.
AC / Luxury Glamping Cabin: 3:30 p.m. – 11:00 a.m.
All-Inclusive Tent Camping & Bring-Your-Own-Tent: 7:30 p.m. – 10:00 a.m.
Tube & Kayak Rentals: 10:30 a.m. – 6:15 p.m.
3. Maximum Occupancy.
Each daytime covered picnic table reservation includes entry for up to 6 people and parking for 1 vehicle; up to 2 additional persons (8 total) may be added per picnic table for an additional entry fee per person. Each cabana reservation includes entry for up to 8 people and parking for 1 vehicle; up to 7 additional persons (15 total) may be added per cabana for an additional entry fee per person. Each glamping cabin reservation includes entry for up to 4 guests and 1 vehicle; up to 6 guests total may be added per cabin for an additional fee per person, but only two queen beds are provided and guests are responsible for bringing their own additional bedding. Additional persons are charged, on average, $25 per person on weekends and $20 per person on weekdays. Additional vehicles are charged $25 per vehicle. Wristbands will be provided at check-in to each authorized guest, are non-transferable, and must be worn during the entire term of the reservation.
4. Payment, Cancellations & Weather.
Payment. For reservations booked fourteen (14) or more days before the reservation date, a deposit equal to fifty percent (50%) of the total reservation price is due at the time of booking to hold the date(s), and the remaining balance is due fourteen (14) days before the reservation date. For reservations booked within fourteen (14) days of the reservation date, one hundred percent (100%) of the total reservation price is due at the time of booking. By submitting a deposit or payment at booking, Contact agrees to the terms of this Agreement.
Cancellations. Ninety percent (90%) of the total amount Contact has paid to date will be refunded if Contact cancels fifteen (15) or more days before the reservation date. Fifty percent (50%) of the total amount Contact has paid to date will be refunded if Contact cancels seven (7) to fourteen (14) days before the reservation date. No refund will be issued if Contact cancels less than seven (7) days before the reservation date. If dates need to be rescheduled, a $75 rescheduling fee will be applied.
Weather; Rain-checks. Son’s River Ranch is a rain-or-shine property and remains open on most rainy days and during cold weather. In the event of severe inclement weather, such as lightning, heavy rain, high winds, or flooding, Company may suspend water activities or close all or part of the Property for the safety of guests; suspended activities will reopen when it is safe to do so. Reservations are not refunded, credited, or rescheduled on account of weather, except as provided in this paragraph. If rain or weather interrupts the use of activities for a short period during the reservation (generally up to five (5) hours), Company will, where practical and in its discretion, allow the guest to extend their time on the same day to make up for the time missed, rather than issue a refund or credit. A rain-check is issued only in Company’s discretion and only when rain or weather prevents the use of activities for more than five (5) hours, or for substantially the entire reservation. A rain-check is a credit for the exact dollar amount of the original reservation; it is not a cash refund, any difference for a future reservation must be paid, and no rebooking fee is charged for a rain-check.
5. Damage Deposit Authorization.
A Damage Deposit Authorization is required before arrival. The reservation payment is not the Damage Deposit. The Damage Deposit Authorization is not charged at booking but is kept on file during the term of the stay and is charged only if damage, loss, or a violation occurs. No charge will be made if there is no damage to the unit and its contents beyond normal wear and tear and all trash and debris inside and outside the unit is discarded in the designated dumpster. Contact authorizes Company to charge the card on file for the following, and for the repair or replacement cost of any other damaged or missing property, without prior notice to Contact:
(a) Unregistered pet or animal: $95 per animal, and the animal must be removed from the Property immediately.
(b) Broken or missing dishes: up to $100. Dirty dishes left behind: $75.
(c) Unit or rental left with trash: $75.
(d) Pillow replacement: $45. Linen replacement: up to $150. Towel replacement: $25 each.
(e) Smoking in a unit (smoking inside any unit is prohibited): minimum $200.
(f) Griddle/hot plate replacement: $80. Pots and pans replacement: up to $100.
(g) HDMI cable: $20. Television replacement: $250. DVD player: $60.
(h) Broken furniture: $300 per piece. Appliance replacement: up to $900. Lock replacement: $15.
(i) Water equipment: $40 per tube, $40 per paddle, $40 per cooler, $20 per PFD, and $1,000 per kayak. All tubes, coolers, PFDs, and accessories must be returned by 6:15 p.m.
(j) Prohibited items left in or used at the unit, such as confetti, cascarones, colored powder, confetti poppers, silly string, glitter, piñatas, or water balloons: $50.
(k) Use of prohibited items such as fireworks, firecrackers, or pyrotechnics: $75.
(l) Replacement of outdoor furniture, grills, fire pits, hammocks, and similar items: up to $900.
All charges accrued during the stay are processed following departure, and notification of any additional charge will be sent by email with an updated invoice. There are no early check-ins or late check-outs unless approved by management; if approved, the fee is $95 and the adjusted check-in/check-out time is 1:00 p.m.
6. Vehicles & Parking.
There is a limit of two (2) vehicles per cabana, picnic table, or cabin reservation, which includes but is not limited to automobiles, trucks, trailers, motorcycles, and boats; additional vehicles are charged $25 per vehicle. Tube and kayak rentals do not include parking. Guests may park only in designated parking spaces and may not park any vehicle on grass or in a manner that blocks other guests. Company reserves the right to ask guests to move any vehicle at any time and may have any unauthorized or obstructive vehicle towed without prior notice to the owner.
7. Equipment Rental.
Company maintains a reasonable number of tubes, kayaks, paddleboards, and similar watercraft (collectively, “equipment”) which guests may rent from Company. ALL EQUIPMENT IS PROVIDED “AS IS, WITH ALL FAULTS,” AND COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Guests are responsible for visually inspecting any equipment before use and must report any defect or concern to Company prior to use; continued use after inspection constitutes acceptance of the equipment in its then-current condition. Guests are responsible for and will promptly reimburse Company for any damage to the equipment, the cabana(s), the cabin(s), or any of Company’s property during the guest’s period of use, normal wear and tear excepted, and Contact authorizes Company to charge the card on file for the full amount of any such damage without prior notice, or to pursue any other remedy available under the law. All tubes, coolers, PFDs, and accessories must be returned by 6:15 p.m. CHILDREN AGE 2 AND UNDER ARE NOT PERMITTED TO TUBE.
8. Safe Operations.
Guests must engage in behavior, and use all equipment, in a manner that does not jeopardize the safety of the user, other guests, Company’s property, or the environment, and must surrender any of Company’s equipment or remove any of the guest’s property immediately upon demand if Company’s employees observe or receive reports of the guest using any property in an unsafe or harmful manner.
9. Guest Representations.
By signing this Agreement, each guest (and Contact on behalf of every member of Contact’s party) expressly represents and warrants that: (i) the guest is physically fit and able to engage in the Recreational Activities and has no medical condition that would make participation unsafe; (ii) the guest can swim, or if the guest (or any member of Contact’s party, including minors) cannot swim or is a weak swimmer, the guest will wear a properly fastened personal flotation device (PFD) at all times when in, on, or near the water; (iii) the guest will not engage in any Recreational Activity while impaired by alcohol, marijuana, prescription medication, illegal drugs, or any other intoxicant, and no minor will consume alcohol on the Property; (iv) the guest has inspected, or will inspect before use, all equipment and premises and accepts them in their current condition; and (v) the guest has read and understood this Agreement, has had the opportunity to ask questions, and signs voluntarily. BY SIGNING THIS AGREEMENT, GUESTS ARE GIVING UP IMPORTANT LEGAL RIGHTS. Contact is encouraged to circulate this Agreement among anticipated guests, and to the parents of any minor guests, in advance of the reservation date.
10. Rules of Conduct.
Guests must abide by the following rules and all Company rules at all times:
(a) Fireworks, firecrackers, pyrotechnics, and similar items are prohibited.
(b) Open flames are permitted only in designated fire pits and barbecue grills supplied by Company, both of which must remain attended at all times. Grilling is permitted only in barbecue grills supplied by Company; no personal grills may be used. No unconventional items may be burned. Guests must comply with any county burn ban, during which no open flames or fires of any kind are permitted. If a guest is uncertain what is permitted, the guest should ask Company’s employees in advance.
(c) Trash must be placed in appropriate trash receptacles.
(d) Noise must be controlled. Quiet hours are observed from 11:00 p.m. to 8:00 a.m. Amplified music, sound systems, and loud or excessive noise are prohibited at all times. The Company actively enforces a no-loud-music policy; guests playing loud or amplified music or creating excessive noise may be removed, without refund.
(e) No glass or Styrofoam containers are permitted.
(f) Guests must wear the wristbands provided by Company at all times for services to be rendered.
(g) No firearms are permitted.
(h) Fighting, theft, destruction of property, lewd or offensive behavior, excessive drinking, excessive profanity, and discourteous behavior will not be tolerated. Guests may be removed from the Property and the authorities called for disruptive behavior, and the guest is responsible for the cost of any loss or destruction of Company property, charged to the card on file.
(i) No pets of any kind are permitted at Son’s River Ranch.
(j) Guests should leave all valuable items at home. Company is not responsible for the loss, theft, or destruction of any personal property brought to the Property. Items left on the Property that must be shipped to a guest are subject to a minimum $50 shipping fee.
(k) Diving and jumping are strongly discouraged due to the varying depth of the water, the inability to assess the depth of murky water, and the presence of other guests in the water.
(l) Snakes and other wildlife may be present on the Property and in the waters around it. To minimize exposure, guests should stay on designated pathways, roads, and docks and stay away from high grass, thick reeds, or roots by the water’s edge, keep their distance from all wildlife, and alert Company of any concerns.
(m) There is no smoking inside any unit, cabin, or glamping accommodation.
(n) Son’s River Ranch is subject to flooding and is in the flood plain, and lightning can cause serious injury or death. Guests must immediately evacuate, or take any other steps required by Company, if there are severe-weather or flood watches or warnings in the area, and must independently monitor weather, watches and warnings, and rising water levels and take precautions necessary to ensure their safety.
(o) Glamping, Cabins, Camping & Overnight Stays. Guests staying overnight must extinguish all fires and open flames before sleeping and may never leave any fire, grill, heater, stove, lantern, or open flame unattended. Only heating, cooking, or lighting equipment supplied or approved by Company may be used inside or near any tent, cabin, or structure. Fuel-burning devices, generators, charcoal, and similar items can emit carbon monoxide and must never be used inside, or near the opening of, any enclosed sleeping space. Cooking appliances in cabins (such as stovetops and grills) must be used with care and never left unattended. Guests are responsible for monitoring weather and water conditions throughout the night and must evacuate as set out in subsection (n). The supervision obligations in this Agreement apply throughout the overnight period.
(p) RESPECT FOR NEIGHBORING PROPERTY AND BOUNDARIES. Guests must remain within the boundaries of Son’s River Ranch and may not enter, cross, or trespass upon any neighboring or adjacent property, road, or waterway. Guests must not litter or deposit trash on any road, neighboring property, or in the river, and must keep noise, light, and activity from unreasonably affecting neighboring properties. The guest is solely responsible for, and will indemnify and hold harmless the Company and the Released Parties from, any claim, fine, or damage arising out of the guest’s trespass, littering, noise, or other conduct affecting any neighboring property, road, or person.
11. Access, Authority & Medical Authorization.
Access; Termination. Company reserves the right to access the cabanas, cabins, campsites, and any other part of Son’s River Ranch at any time. Company may terminate service, contact the police, or ask any guest to leave or curtail their behavior at any time, without warning and without a refund, if Company has concerns regarding safety or violations of any Company rule or any law.
Emergency Medical Care. In the event of injury, illness, or apparent medical need, Company and its employees and agents, and any emergency responders, are authorized — but are not obligated — to summon emergency medical services and to permit emergency medical care, transportation, and treatment. Each guest who signs this Agreement gives this authorization for himself or herself. For any minor, the parent or legal guardian who signs gives this authorization on the minor’s behalf. With respect to any guest who has not personally signed this Agreement, Contact represents and warrants that Contact has been authorized by that guest (or, for a minor, by that guest’s parent or legal guardian) to consent to emergency care on their behalf, and Contact gives that consent; in all events, the parties intend that emergency responders may render care under the emergency-treatment (implied-consent) doctrine and applicable law. Because the Property is large and located in a rural area, emergency response times may be longer than in a city. Company has no duty to provide, summon, or pay for any medical care and is not liable for providing, or for failing to provide, any such care. Each guest (and/or the guest’s health insurance) is solely responsible for the cost of any medical care, transportation, and treatment.
Company requests that guests notify Company if they observe any unsafe behavior or behavior that violates any Company rule or any law, and that guests contact the police if they have concerns about any unsafe behavior in the waters around the Property, as the Property is bordered by a public body of water.
12. Falsified Reservations; Rates; Assignment; Binding Effect.
(a) Falsified Reservations. Any reservation obtained under false pretense is subject to forfeiture of all advance payments, deposits, and rental monies, and the party will not be permitted to stay.
(b) Rates. Rates are subject to change without notice but will not change from the rates stated in Contact’s original quote for a confirmed reservation.
(c) Assignment; Binding Effect. Company may assign this Agreement upon transfer of ownership or management of the Property. Guests may not assign this Agreement without Company’s prior written consent. This Agreement binds the parties’ heirs, executors, administrators, successors, and assigns.
13. Severability; Exceptions.
This Agreement and each provision in it are severable. If any provision is determined to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable, and the invalid or unenforceable provision will be modified or replaced to come as close as possible to the parties’ original intent. Any exceptions to the terms of this Agreement must be approved by Company in writing in advance.
14. Dispute Resolution; Arbitration; Attorney’s Fees; Governing Law.
Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the reservation, the Recreational Activities, or any presence at Son’s River Ranch shall be resolved by binding arbitration before a single arbitrator. The parties shall attempt to agree on the arbitrator; if they cannot agree within thirty (30) days after a demand for arbitration, the arbitrator shall be appointed under, and the arbitration shall be administered in accordance with, the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall take place in Guadalupe County, Texas, and shall be governed by the Federal Arbitration Act and, to the extent applicable, the laws of the State of Texas. The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction in Guadalupe County, Texas. To the fullest extent permitted by law, all claims must be brought in the party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Attorney’s Fees. The prevailing party in any arbitration or related proceeding is entitled to recover its reasonable attorney’s fees, prejudgment interest, costs of service, arbitration fees, and all other costs from the non-prevailing party.
Governing Law. This Agreement is construed in accordance with the laws of the State of Texas, regardless of choice-of-law principles.
15. Activities, Hazards and Risks.
PLEASE READ SECTIONS 15 AND 16 AND ALL SUBPARTS CAREFULLY.
(a) Son’s River Ranch is a natural attraction subject to risks that are not present at man-made pools and attractions. The Property is bordered by a public body of water, the San Marcos River, which presents additional risks. THE SAN MARCOS RIVER IS A NATURAL BODY OF WATER WITH UNTREATED WATER, WHICH MAY MAKE IT DIFFICULT TO JUDGE DEPTH OR SEE SUBMERGED OBJECTS. THE RIVER IS SPRING-FED AND COLD, AND ITS DEPTH, FLOW, AND CURRENT CHANGE AND CAN RISE RAPIDLY. AS WITH ANY NATURAL BODY OF WATER, YOU SHOULD USE CAUTION AND COMMON SENSE WHILE ENTERING AND ENJOYING THE WATER. DIVING AND JUMPING ARE DISCOURAGED DUE TO THE VARYING DEPTH OF THE WATER AND LACK OF WATER CLARITY.
(b) RENTING A CABANA, PICNIC TABLE, GLAMPING CABIN, OR CAMPSITE; TUBING, KAYAKING, OR PADDLEBOARDING; USING THE SHUTTLE SERVICE; AND BEING A GUEST AT SON’S RIVER RANCH ARE INHERENTLY DANGEROUS ACTIVITIES AND CAN RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH. Contact, guests, and guardians of minors assume all such risks. Each guest should be aware of his or her surroundings at all times. EACH GUEST IS RESPONSIBLE FOR THEIR OWN SAFETY AND THAT OF MINORS IN THEIR GROUP while on the Property, in and around the water, and while engaging in Recreational Activities in and out of the water. THERE ARE NO LIFEGUARDS ON DUTY AT SON’S RIVER RANCH OR ON THE TUBING OR KAYAKING ROUTE, and there are no slip-resistant surfaces, fences, guardrails, or similar restraints. A RESPONSIBLE ADULT SHOULD MONITOR WEAK SWIMMERS AND CHILDREN AT ALL TIMES AND NEVER LEAVE THEM UNATTENDED IN OR NEAR THE WATER. PFDs ARE AVAILABLE FOR FREE USE, AND IT IS HIGHLY RECOMMENDED THAT EACH GUEST WEAR A FASTENED PERSONAL FLOTATION DEVICE (LIFE VEST) AT ALL TIMES. PFDs DO NOT SAVE LIVES — PARENTAL SUPERVISION DOES. IF YOU WILL BE ABSENT, DESIGNATE ANOTHER ADULT IN YOUR PARTY.
Guests should also wear footwear that provides protection from sharp objects and minimizes the risk of foot entrapment. Company is not responsible for the water level or for any obstruction that may be present on the tubing or kayaking route. Guests should avoid trees and vegetation to minimize the risk of being struck by falling tree limbs, becoming entangled in vegetation, or being bitten by snakes or wildlife, and should monitor water and weather conditions at all times to avoid the risk of being struck by lightning or caught in a flood.
(c) The services and activities offered by Company at Son’s River Ranch include the use of cabanas, covered picnic tables, glamping cabins, camping and campground facilities, parking spaces, fire pits, grills, kitchenettes and cooking appliances; rental equipment such as tubes, kayaks, paddleboards, rafts, and other similar watercraft; shuttle and transportation services; and swimming, fishing, and other recreation (all such activities are collectively referenced as the “Recreational Activities”). THE RECREATIONAL ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES THAT MAY RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH.
(d) In addition to any other risk set forth in this Agreement, the risks include, but are not limited to: sudden changes in weather; flooding; lightning; insects, snakes, and wildlife; fire and burns; entering, exiting, overturned, and operating tubes, kayaks, paddleboards, and other watercraft; dangerous water conditions; cold, spring-fed water and hypothermia; murky water and the inability to assess water depth; strong or changing current and rapidly rising water; entrapment or entanglement by or in natural or artificial conditions such as root-wads, log-jams, bridges, abutments, and dams; objects and hazards in the water; hazards from the shuttle service and from the presence and operation of vehicles on the Property and surrounding roadways; fishing hazards, including hooks and lines; the use of fire pits, grills, stoves, kitchenettes, heaters, lanterns, and fuel-burning equipment, and exposure to carbon monoxide; less-than-sanitary conditions; hazards from the consumption of alcohol near water or while engaging in Recreational Activities; uneven and rural terrain; trees and falling tree limbs; slips and falls; excessive exertion from strenuous activity; nighttime and low-light conditions and reduced visibility; longer emergency response times due to the rural location; loss, theft, or damage to personal property; and serious bodily injury, permanent disability, or death. There is the risk of injury caused by other people engaging in Recreational Activities or other reckless or criminal activity over which Company has no or very little control, and there are inherent risks simply by participating in activities near the water.
(e) Company has made no effort to determine, and accepts no responsibility for, the medical, physical, or other qualifications or suitability of any guest for the Recreational Activities. Each guest must assess their own suitability and recognize their own and any minor’s limitations.
(f) Consumption of even small quantities of alcohol will impair judgment, reduce a guest’s ability to manage or react to the risks associated with the Recreational Activities, and make it more dangerous to be in and near water. Company advises all guests over the age of 21 to exercise extreme caution when consuming alcoholic beverages on the Property and when engaging in Recreational Activities after consuming alcohol, and Company accepts no responsibility for the consumption of alcohol by adult guests. The consumption of alcohol by minors on the Property is expressly prohibited.
(g) FALLING BRANCHES: There are many large trees, including pecan trees, located on the Property. Many of these trees, especially pecan trees, are self-pruners and will lose branches from time to time. Neither the Company nor the Owner is liable for damage or harm caused by such branches falling onto the undersigned’s, or his or her party’s or guests’, vehicles or persons, as such incidents are beyond the Company’s and the Owner’s control.
(h) GUEST-ON-GUEST AND THIRD-PARTY CONDUCT: Guest expressly assumes the risk of injury, loss, or damage caused by other guests, members of the public, or any third party, including (without limitation) their negligence, intoxication, horseplay, recklessness, or criminal acts. Guest releases Company from any claim arising out of the acts or omissions of other guests or third parties, whether or not such persons are on or near the Property.
(i) PREMISES CONDITION: Guest expressly assumes the risk of, and releases Company from any claim arising out of, the condition of the premises at Son’s River Ranch, including (without limitation) known or unknown defects, hidden or latent conditions, uneven or wet surfaces, docks, water depth, submerged objects, vegetation, wildlife, and any other natural or artificial condition on or near the Property.
(j) OVERNIGHT, CAMPING & COOKING: Glamping, cabin stays, and tent camping carry additional risks, including those associated with darkness and reduced visibility, unsupervised access to the water at night, fire pits, grills, stoves, kitchenettes, heaters, lanterns, and other fuel-burning or heat-producing equipment, carbon monoxide, weather and flooding that may develop overnight, and wildlife that may be more active at night. Guest assumes all such risks.
(k) COMMUNICABLE DISEASE: An inherent risk of exposure to communicable diseases, including COVID-19, exists in any public place where people are present. By visiting the Property, guest voluntarily assumes all risks related to exposure to any communicable disease.
(l) WATER QUALITY; UNTREATED NATURAL WATER. The San Marcos River is natural, untreated surface water. The Company does not test, treat, disinfect, monitor, or guarantee the safety or cleanliness of the river water. Natural waterways can contain bacteria (including E. coli), parasites, viruses, algae, and other pathogens or contaminants, particularly after rain or flooding or during low-flow conditions, and contact with or ingestion of the water may cause illness, infection, gastrointestinal symptoms, rashes, or other adverse health effects. Guest voluntarily assumes all risks of illness, infection, or injury arising from contact with, ingestion of, submersion in, or proximity to the river water. The Company recommends that guests not swallow the water, not enter the water with open wounds or a compromised immune system, closely supervise children, and rinse or shower after contact.
16. Assumption of Risk, Release of Liability and Indemnity.
IN CONSIDERATION OF BEING PERMITTED TO RENT SPACE AND EQUIPMENT, STAY OVERNIGHT, AND ENGAGE IN RECREATIONAL ACTIVITIES AT SON’S RIVER RANCH, I, FOR MYSELF, MY HEIRS, ASSIGNS, AND ANYONE CLAIMING THROUGH ME, AND ON BEHALF OF ANY MINORS FOR WHOM I AM SIGNING, HEREBY EXECUTE THIS RELEASE IN FAVOR OF COMPANY. I AND ALL OF THOSE FOR WHOM I AM SIGNING UNDERSTAND AND AGREE TO THE FOLLOWING:
(a) I understand and voluntarily assume all dangers and risks, both known and unknown, associated with engaging in the Recreational Activities or any activity at Son’s River Ranch, including but not limited to any loss or destruction of property, serious bodily injury, permanent disability, or death, regardless of whether the risk is expressly set forth in this Agreement. I voluntarily waive and release, to the fullest extent permitted by law, the Company; the Owner, 1400 Sherrill LLC; and each of their respective representatives, owners, investors, members, managers, officers, directors, employees, agents, landowners, landlords, subsidiaries, contractors, affiliated companies or entities, successors, heirs, and assigns (collectively, the “Released Parties”) from any and all damage, loss, or theft of property, and any bodily injury, permanent disability, or death, resulting from participation in the Recreational Activities or from any other incident occurring before, after, or while I am at Son’s River Ranch.
(b) I agree to indemnify, defend, and hold harmless Company and the Released Parties (that is, to defend them and to satisfy by payment or reimbursement) from and against any and all claims, damages, attorney’s fees, and costs (collectively, the “Claims”) incurred by or entered against Company or the Released Parties as a result of participation in the Recreational Activities or from any other incident occurring before, after, or while I am at Son’s River Ranch.
(c) EXPRESS NEGLIGENCE RELEASE — READ CAREFULLY: I AGREE THAT THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE LOSS, INJURY, OR DEATH IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES AT SON’S RIVER RANCH (INCLUDING ANY KNOWN OR UNKNOWN DEFECT OR DANGEROUS CONDITION) OR BY THE SOLE OR CONCURRENT NEGLIGENCE OF COMPANY OR ANY RELEASED PARTY. THIS RELEASE DOES NOT APPLY TO COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(d) I AGREE TO PROVIDE OR OTHERWISE ENSURE ADEQUATE SUPERVISION OF MINORS AND WEAK SWIMMERS, WHETHER BY MYSELF OR BY ASSIGNMENT TO ANOTHER ADULT, AT ALL TIMES WHILE AT SON’S RIVER RANCH, AND TO EXPLAIN ALL RISKS TO EVERYONE IN MY PARTY. I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF EACH MINOR IN MY PARTY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE COMPANY ON BEHALF OF EACH SUCH MINOR. I FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM BROUGHT BY OR ON BEHALF OF ANY MINOR IN MY PARTY (INCLUDING BY THE MINOR UPON REACHING THE AGE OF MAJORITY, OR BY ANY PARENT, GUARDIAN, ESTATE, OR NEXT FRIEND OF THE MINOR) ARISING FROM ANY INCIDENT AT OR RELATED TO SON’S RIVER RANCH.
(e) OWNER RELEASE; SOLE RECOURSE AGAINST THE MANAGER. The Owner, 1400 Sherrill LLC, is expressly included among the Released Parties. To the fullest extent permitted by law, I release the Owner from any and all claims arising out of or related to this Agreement, the Recreational Activities, the condition of the Property, or any presence at or near the Property, to the same extent as the Company, including any claim based on the Owner’s sole or concurrent negligence (but not the Owner’s gross negligence or willful misconduct). I acknowledge that the Owner does not operate the Property and has no responsibility or liability for any injury, death, loss, or damage. I agree that I will look solely to the Company (the Manager), and not to the Owner, for any liability that is not released by this Agreement, and that I will not name, sue, or assert any claim against the Owner. As between the Company and the Owner, any liability that is not released by this Agreement shall be borne solely by the Company and not the Owner, and my release and indemnity obligations under this Agreement run in favor of the Owner as a Released Party.
17. Photo, Video and Media Release.
By signing this Agreement, the undersigned, on behalf of myself and all guests in my party, including any minors for whom I am signing, grants Company and its representatives the irrevocable, perpetual, worldwide, royalty-free right to photograph, film, record, and otherwise capture the image, likeness, voice, and appearance of any guest in my party while at or around Son’s River Ranch, and to use, reproduce, edit, publish, and distribute that content in any and all media now known or later developed, including websites, social media, email, print, broadcast, and paid advertising, for Company’s marketing, promotional, and commercial purposes.
(a) This includes content in which a guest appears incidentally or in the background, including content captured by Company cameras on the Property.
(b) No guest is entitled to any compensation, royalty, or payment for this use.
(c) The undersigned waives any right to inspect or approve the finished content and waives and releases any claim against Company arising from this use, including any claim for invasion of privacy, defamation, or violation of any right of publicity.
(d) For any minor in my party, I confirm I am the parent or legal guardian and grant this release on the minor’s behalf.
18. SMS Communication Consent.
By signing this Agreement, the undersigned consents to receiving SMS (Short Message Service) messages from Company related to the reservation and any updates or notifications pertaining to it, including reservation confirmations, payment reminders, check-in instructions, and other relevant communications.
(a) Frequency. Company may send SMS messages to the phone number provided during the reservation process. Message frequency varies depending on the nature of the reservation.
(b) Message and data rates. Message and data rates may apply. You are responsible for any fees charged by your mobile carrier under its terms and conditions.
(c) Opt-out. You may opt out at any time by replying STOP to any message from Company. You may reply HELP for assistance. Opting out discontinues reservation-related SMS communication.
(d) Privacy. Company will use your number for reservation-related communications only and will not sell it or share it with third parties for their own marketing purposes.
19. Limitation of Liability; Insurance.
If for any reason any release, waiver, or indemnity in this Agreement is held to be unenforceable in whole or in part, the aggregate liability of Company and the Released Parties to Contact, any guest, and anyone claiming through them, for all claims arising out of or related to this Agreement, the Recreational Activities, or any presence at Son’s River Ranch, shall not exceed the total amount Contact paid to Company for the reservation. To the maximum extent permitted by law, Company and the Released Parties shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of use, lost profits, or loss of personal property. Company is not an insurer of guests or their property; the guest’s own health, accident, and property insurance is primary, and the guest is responsible for obtaining any coverage the guest deems appropriate.
20. Electronic Signature; Entire Agreement.
Guest agrees that this Agreement may be signed electronically and that an electronic signature — including any signature delivered by electronic image, digital signature platform, or check-box acknowledgment — has the same legal force and effect as a handwritten signature under the Texas Uniform Electronic Transactions Act and the federal E-SIGN Act. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral, including any prior rental agreement, policies, rules, or terms. No oral statement by any Company employee or agent modifies this Agreement; any modification must be in writing and signed by Company.
ELECTRONIC ACCEPTANCE AND SIGNATURE
By checking the box and signing below, you electronically accept this Agreement. BY CHECKING THE BOX AND SIGNING, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.
I agree that my electronic signature and my check of the box below each have the same legal effect as a handwritten signature under the Texas Uniform Electronic Transactions Act and the federal E-SIGN Act.
Signed: Sat Jul 11, 2026
Please select who will be participating:
First Minor's Information
Second Minor's Information
Third Minor's Information
Fourth Minor's Information
Fifth Minor's Information
Sixth Minor's Information