PLEASE READ CAREFULLY BEFORE SIGNING.  THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is using the cable park shall be referred to hereinafter as Participant. The Undersigned means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participants parent or legal guardian when the Participant is under the age of 18. Released Parties mean [Wake Quest ATX, LLC] or any of [its] respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The Activity means using the cable park and using its facilities for any purpose.

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow; tides; currents; wakes; drowning; entanglement; impacts; collisions with other participants; watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; marine and other wildlife; operator error; mental distress from exposure to any of the above; and negligence of others. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:

(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participants participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participants participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participants participation in the Activity.

(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE q IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/ she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardians signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of [Texas], and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state courts located in [Travis] County, [Texas], and Undersigned expressly agree and consent to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned. I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

Wake Quest ATX, LLC routinely takes photographs and videos for commercial purposes and patrons may be readily identifiable in these images. I further grant exclusive permission to Wake Quest ATX, LLC to use my or Participants' names, faces, likenesses, voices or appearances in photographs or videos in connection with exhibitions, publicity, advertising, promotional materials, or other commercial purposes, without compensation and without restriction as to frequency and duration.

By executing this Agreement, I declare under penalty of perjury that I am at least 18 years of age and am doing so only for myself and/or Participants for whom I am authorized. If I execute this Release of Liability and Indemnity Agreement on behalf of another person, I understand and agree that I am acting as the agent for that person and my signature expressly confirms that I have permission to sign on the other person's behalf, and this agreement shall be binding upon that person if they, or any other persons or entities acting in any capacity on their behalf, brings a claim or lawsuit against Wake Quest ATX, LLC. I agree to fully defend, indemnify and hold harmless Wake Quest ATX, LLC as set forth above. If I sign without the express permission of any other person, I understand and agree that I am committing fraud against Wake Quest ATX, LLC and I agree to indemnify Wake Quest ATX, LLC for all liability and claims, including attorneys’ fees, arising from any misrepresentations in or fraudulent execution of this agreement.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN ITS ENTIRETY AND HAVE BEEN PROVIDED THE OPPORTUNITY TO ASK QUESTIONS AND CONSIDER THE EFFECTS OF THIS AGREEMENT. IN CONSIDERATION FOR AND IN EXCHANGE FOR EXECUTING THIS AGREEMENT, WAKE QUEST IS PERMITTING ME AND PARTICIPANTS TO VOLUNTARILY PARTICIPATE IN WAKE QUEST ACTIVITIES. I ACKNOWLEDGE AND FULLY UNDERSTAND THAT THIS AGREEMENT IS BINDING UPON ME AND ALL PARTICIPANTS, ASSIGNS, AND LEGAL REPRESENTATIVES. IN THE EVENT THAT THIS AGREEMENT IS SEVERABLE OR IF ANY CLAUSE IS FOUND TO BE INVALID, THE OFFENDING CLAUSE WILL BE STRICKEN AND THE BALANCE OF THE AGREEMENT WILL REMAIN IN EFFECT AND WILL BE ENFORCEABLE. 

I acknowledge and agree that by clicking or touching the boxes contained in this Agreement I have agreed to and initialed those boxes and am providing an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ('E-Sign') and the Uniform Electronic Transactions Act ('UETA').

In addition to the above Wake Quest Release of Liability and Indemnity Agreement, Wake Quest has a set of general guidelines and rules for the facility and various activities. For your own safety and the enjoyment of all visitors, you are expected to learn, know, respect, and obey these guidelines and rules while participating in an activity or on the premises. Please read, and also read to all minor participants, each section and then initial that you have read, understand and agree. 

1.       Every participant must sign a waiver. All persons under the age of 18 must have a parent or legal guardian sign on their behalf. Waivers can be filled out electronically.

2.     No glass containers are allowed. Broken glass and bare feet/paws do not mix.

3.      We are dog friendly if your dog is quiet, well-mannered, has shade and water, and you pick up after them. Owners of disruptive, aggressive, or misbehaving dogs may be asked to leave.

4.   Be considerate and please pick up after yourself. Our staff will be grateful.

5.   Be safe! Have fun!

1.       Please no first-time or never-ever wakeboarders on the main cable system before riding on the 2.0 beginner cable. Experienced wakeboarders must possess enough skill to safely control and steer their wakeboard through starts and turns and avoid items such as wakeboard features, other fallen riders, floating buoys, water barriers, and other objects in the water before attempting to ride the main cable. Regardless of your actual or claimed wakeboarding experience, we don't recommend anyone trying the main cable for their first time at normal/faster cable speeds. Based on your experience and skill level, exceptions are permitted (with or without a lesson) at slower cable speeds only. This and all rules are for your own personal safety.

2.      Ride between all double bouys and around all single bouys when riding the turns.  Trying to ride in areas that are not designated are dangerous and can result in a severe fall resulting in injury.  Follow the path of the cable at ALL times.

3.       If you are falling, let go immediately or you may injure yourself and/or damage the cable system.

4.      Avoid letting go, exiting, or falling just before or near the start/motor tower. Always exit safely after the main start dock. Drop the handle when you exit, do not throw it.

5.      It is your responsibility to avoid all objects and persons in the water. If you cannot avoid something or someone, let go and immediately sit down to stop.

6.     While riding the main cable, a helmet and USCG approved life jacket is required. It is your responsibility to know if your life jacket is USCG approved or not.

7.       If 5 or more people are waiting in line, the operator may implement a 5 lap per participant rule to speed up the start line. They will let you know your remaining laps by holding up the corresponding number of fingers as you pass the start tower. Exit safely after 5 laps.

8.      If you see that someone is injured, notify the cable operator immediately. In case of emergency, the cable will be stopped so staff can attend to the injured rider.

9.   Always be on the lookout for fallen riders, especially after each feature. Do not attempt to hit a feature if a fallen rider is not safely clear. Give fallen riders plenty of space.

10.   When you fall, look back immediately and avoid other riders and bouncing ropes/handles. If necessary, duck underwater to avoid a collision. Swim out of the way as soon as possible, unstrap, and then swim to the outside shore. Try to swim in front of features, in plain view of other riders. Avoid swimming behind a feature or out of view of other riders.

11.   Don’t swim to or from the island unless directed by staff.

12.   Do not drink alcohol or use drugs prior to riding the cable system (or any activity).

13.   Wakeboard features (jumps, rails, and sliders) are for experienced riders only.

14.   Remove all removable fins, that are not designated park fins, from your wakeboard before hitting any feature.

15.   Wake Quest is not responsible for damage caused to your board or person as a result from hitting features.

16.   No double riding is allowed if 5 or more persons are waiting in line or if the operator says “no”.

17.   If lightning is in the area, Wake Quest staff must shut down the cable for a minimum of 30 minutes.

18.   Make the most of your time, as well as others. If you are riding next, be ready to go. If you fall leaving the start dock, swim clear immediately, then unstrap, so you don’t hold up the start line.

19.  You can help the flow on the start dock by helping the cable operator retrieve ropes from time to time. It’s also greatly appreciated. If retrieving a rope, just bring the operator the handle.

20.   All riding is at your own risk. Stay in control and don’t take chances. Always ride within your abilities.

21.   Be respectful. Be safe! Have fun!

22.   Please ride close to the features (if not hitting them) so the person behind you has smooth water.

23.   If a rope is hanging at motor tower, let go or steer to the inside, away from the start dock, to avoid the rope. 

1.       Lifeguard is NOT ALWAYS on duty. Children must be supervised AT ALL TIMES.

2.     Children must be able to navigate features under their own physical power.  ALL children under the age of 7 must be supervised by an adult or a parent appointed individual.

3.     The provided life jacket must be worn AT ALL TIMES. Ensure it fits properly and stays on during play.

4.       Do not swim under any water feature.

5.       Do not tip over features or pile up on any one feature.

6.      Swim attire only. No front buckle life jackets, sharp objects, sunglasses, earrings, belts, shoes, etc. 

8.     Big kids, be nice to the little kids.  Any rough play has to be agreed upon by all players.

10.   No running on the boardwalk.

11.   Do not untie anchor ropes or tamper with anchor lines.

12.   No diving. Always jump or slide feet first.

13.   Ensure landing areas are clear before jumping or sliding.

14.   Don’t throw rocks, mud, or other objects onto the water features.

16.   Report any concerns, and damaged features or equipment immediately.

17.   Be respectful. Be safe! Have fun!

1.      The provided life jacket must be worn AT ALL TIMES. Ensure it fits properly and stays on during play.

2.       Slide on your back, front feet first or face first.  DO NOT try to slide on your feet.

3.       Ensure water is flowing on the slide before sliding.

4.   Make sure ALL people in the landing area have swam clear.

5.       Swim clear of the landing area immediately.

6.       No lifeguard is on duty. Children must be supervised AT ALL TIMES.

7.       Only one person at a time on each slide. 

8.     No floatation devices or inflatables on slide.

9.    Do not attempt to stop on the slide.

10.   Do not swim in front of the slide or through the landing area.

11.   Swim attire only. No front buckle life jackets, sharp objects, sunglasses, earrings, belts, shoes, etc.

12.   Do not drink alcohol or use drugs prior to sliding (or any activity).

13.   Be respectful. Be safe! Have fun!

Wake Quest is dog-friendly. However we expect all dog owners to be responsible and courteous to others around you, or you and your dog will be asked to leave. Dog owners are 100% responsible for the behavior and actions of their dog(s) and are 100% responsible for injuries or damage to persons, other pets, or property caused by their dog(s). 

1.       All dogs must be friendly, quiet, and well-mannered. Should your dog become disruptive or aggressive, you and your dog may be asked to leave.

2.      When not leashed, please watch your dog at ALL times.  Make sure that they do NOT pee on property in the park, including other people's belongings and/or any Wake Quest property.  If this occurs your dog will be asked to leave.

3.      No one wants to step in poop. Owners must pick up after their dogs. Most dogs are anxious to explore and will “go” shortly after arriving onsite. Be a good dog owner. 

4.       If you leave your dog unattended while you play or ride, it must have shade, water, and not disturb others. It must also be leashed so it doesn’t wander around, disturb others, or chase after you while you ride. If it becomes a nuisance, you and your dog will be asked to leave.

5.      Do not allow your dog to swim in any area that may interfere with a rider or other participants.

6.      Do not allow your dog to shake off in an area that could get others or their property unexpectedly wet. (Not all visitors are dog-friendly.)

7.       NEVER LEAVE A DOG IN A CAR. Even with windows down, inside temperatures can skyrocket quickly. Please report any such incident immediately.