NOTE: Son's Rio Cibolo does not accept paper waivers, please submit electronically.

SON’S RIO CIBOLO

RENTAL AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

178 Rio Cibolo Way, Marion, Guadalupe County, Texas 78124

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This Rental Agreement, Assumption of Risk, Release of Liability and Indemnity Agreement (this “Agreement”) is entered into by and between Son’s Island Getaways, LLC, a Texas limited liability company, doing business as Son’s Rio Cibolo, together with the property-owning entities identified in Section 2 (collectively, the “Company,” “we,” “us,” or “our”), and the individual accepting this Agreement (the “Contact”). Son’s Rio Cibolo is located at 178 Rio Cibolo Way, Marion, Guadalupe County, Texas 78124 (the “Property”).

The Contact represents and warrants that the Contact is at least 25 years of age and accepts this Agreement on behalf of the Contact and every member of the Contact’s party. The Contact and each member of the Contact’s party are referred to in this Agreement, collectively and individually, as “guest(s)” or “you.”

1. Reservation and Acceptance

(a) Reservation. The Contact is requesting to reserve one or more of the following at Son’s Rio Cibolo (each a “Rental Unit”): a Waterfront Cabin, Deluxe Safari Cabin, Glamping/Luxury Glamping Cabin, all-inclusive tent camping, bring-your-own-tent camping, Bell Tent camping, daytime cabana, evening cabana, and/or covered picnic table. A reservation is valid only for the date(s) and Rental Unit(s) reflected on the Contact’s invoice. The Contact has reviewed the invoice and agrees it is correct, and will notify the Company immediately of any discrepancy before accepting this Agreement.

(b) Two-Step Acceptance. (i) ONLINE: At the time of booking, the Contact electronically accepts this Agreement on the Company’s website by checking the acceptance box and submitting the booking, which constitutes the Contact’s signature and binds the Contact and the Contact’s party to this Agreement. (ii) ON ARRIVAL: The Company may also require each adult guest to sign this Agreement (and a parent or guardian to sign for each minor) at check-in. Both the electronic acceptance and any signature are equally binding.

(c) Final Reservation. A reservation is not final until this Agreement is accepted and the required payment is made. The Company may cancel any reservation for any reason before the reservation date upon four (4) hours’ notice, in which event the Company will issue a full refund, provided the cancellation is not the result of any act or omission of the Contact or a guest.

(d) Minors. Minors may not be left unaccompanied on the Property at any time during the reservation. A responsible adult must supervise all minors at all times.

2. Manager, Owner Entities and Released Parties

(a) Manager. Son’s Island Getaways, LLC is the manager and operator of Son’s Rio Cibolo (the “Manager”).

(b) Owner Entities. The Property is owned by the following separate Texas limited liability companies, which own different sections of the Property (collectively, the “Owner Entities”): 101 Rio Cibolo Island Dr, LLC; 178 Rio Cibolo Way, LLC; and 100 Erskine Ferry, LLC. The Owner Entities have no role in the day-to-day operation of Son’s Rio Cibolo, which is conducted solely by the Manager.

(c) Released Parties. The term “Released Parties” means, collectively, the Manager and each of the Owner Entities, and each of their respective representatives, owners, investors, members, managers, officers, directors, employees, agents, landowners, landlords, parents, subsidiaries, contractors, affiliated companies or entities, successors, heirs, and assigns. Each protection, release, waiver, indemnity, assumption of risk, and limitation of liability in this Agreement runs to the benefit of every one of the Released Parties.

3. Rental Units and Hours

Access to each Rental Unit and to Property amenities is limited to the date(s) and hours on the Contact’s invoice, as follows:

Rental Unit	Hours
Waterfront Cabin / Deluxe Safari Cabin	Check-in 3:30 PM — Check-out 11:00 AM
AC Glamping / Luxury Glamping Cabin	Check-in 3:30 PM — Check-out 11:00 AM
All-Inclusive & Bring-Your-Own-Tent Camping	Check-in 3:30 PM — Check-out 10:00 AM
Bell Tent Camping	Check-in 3:30 PM — Check-out 10:00 AM
Daytime Cabana / Picnic Table	10:30 AM — 6:30 PM
Evening Cabana	7:30 PM — 10:30 PM

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 PM. All tubes, coolers, PFDs, floating mats, and other water accessories must be returned by 6:15 PM.

4. Maximum Occupancy

• Each daytime or evening cabana reservation includes entry for up to 8 guests. Up to 7 additional guests may be added for $20 per person, payable in advance or at check-in.
• Each covered picnic table includes entry for up to 6 guests.
• Each Glamping Cabin includes entry for up to 4 guests.
• Each Waterfront / Deluxe Safari Cabin includes entry for up to 6 guests.
• Exceeding the stated occupancy without written authorization is grounds for additional charges and/or eviction without refund.

5. Payment, Cancellations and Rain-Checks

(a) Deposit and Balance. A payment equal to 50% of the price of the Rental Unit(s) is due at booking to hold the date(s); the Contact may instead pay 100% at booking. The remaining balance is due, and the reservation must be paid in full, seven (7) days before arrival.

(b) Cancellation. All refunds are calculated as a percentage of amounts paid to date. 90% of amounts paid is refunded if the Contact cancels 15 or more days before the reservation date. 50% of amounts paid is refunded if the Contact cancels 7 to 14 days before the reservation date. No refund or credit is issued for cancellations made fewer than 7 days before the reservation date.

(c) Rescheduling. Dates may be rescheduled outside the 7-day window for a $75 rebooking fee. Rescheduling is not permitted within 7 days of the reservation.

(d) Rain-Checks. Son’s Rio Cibolo operates rain or shine. Rain-checks are provided at the Company’s discretion and only when weather prevents the use of activities for the majority of the reservation. A rain-check is issued for the exact dollar amount of the original reservation; any credit is not refundable, and any difference in a rebooked reservation must be paid. No rebooking fee is charged on a weather-related rain-check.

6. Damage Deposit Authorization and Charges

A Damage Deposit Authorization is required before arrival and is separate from the reservation payment. The Contact authorizes the Company to place a $200 Damage Deposit Authorization on the card on file two (2) days before arrival. The authorization is held during the stay and is charged only if damage occurs. No charge is made if there is no damage beyond normal wear and tear, all trash inside and outside the unit is placed in the designated dumpster, and all dishes are cleaned. The Contact authorizes the Company to charge the card on file for any of the following, without limitation:

Item	Charge
Unregistered pet / service animal (and pet must be removed immediately)	$95 per pet
Broken or missing dishes	Up to $100
Dirty dishes	$75
Unit left with trash	$75
Lock replacement	$20
Pillow replacement	$45
Linen replacement	Up to $150
Towel replacement	$25 each
Evidence of smoking inside the unit (NO SMOKING in units)	$200 minimum
Griddle / hot plate replacement	$80
HDMI replacement	$20
40″ TV replacement	$250
DVD player replacement	$60
Broken furniture	$300 per piece
Appliance replacement	Up to $900
Pots & pans replacement	Up to $100
Water equipment — tube / paddle / cooler	$40 each
Water equipment — PFD	$20 each
Water equipment — kayak	$1,000
Confetti, glitter, cascarones, colored powder, poppers, silly string, etc.	$75
Outdoor furniture, grills, fire pits, hammocks, and similar	Up to $900

All charges accrued during a stay are processed following departure, and notice of any additional charge is sent by email with an updated invoice. The Contact authorizes the Company to charge the card on file for the full amount of any such charge without prior notice. If items must be shipped back to a guest, a minimum $50 fee applies.

7. Vehicles and Parking

There is a limit of 2 vehicles per Rental Unit, including automobiles, trucks, trailers, motorcycles, jet skis, and boats. Guests may park only in designated spaces, may not park on grass, and may not block other guests. Additional vehicles, where permitted, are $20 per extra vehicle. The Company may require any vehicle to be moved at any time and may have any unauthorized or obstructive vehicle towed at the owner’s expense without prior notice.

8. Equipment Rental

The Company maintains a reasonable number of tubes, kayaks, paddleboards, floating water mats, and related equipment (collectively, “Equipment”) that guests may rent. Kayak and paddleboard access for cabana guests is available during daytime hours; tubing, kayaking, and additional add-ons may require the applicable wristband or add-on purchase. Guests are responsible for, and will promptly reimburse the Company for, any damage to Equipment or other Company property during the period of use, normal wear and tear excepted, and authorize the Company to charge the card on file for the full amount of any damage without prior notice. Each guest uses Equipment at their own risk and must wear a fastened personal flotation device (PFD) at all times while on or in the water, including while using any floating water mat.

9. Safe Operations

Guests must follow all posted signs and must use all Equipment and amenities in a manner that does not jeopardize the safety of any person, the Company’s property, or the environment. Guests must surrender any Equipment or remove any personal property immediately on demand if Company personnel observe or receive reports of unsafe or harmful use.

10. Rules of Conduct

Guests must comply with the following rules and all other Company rules at all times. Violation is grounds for eviction without refund:

• Open flames are permitted only in Company-supplied fire pits and barbecue grills, which must remain attended at all times. Marshmallow and food grilling is permitted only in Company-supplied grills. No personal grills may be used, and no unconventional items may be burned. Ask Company personnel if unsure.
• Trash must be placed in the appropriate receptacles.
• Quiet hours are observed from 11:00 PM to 8:00 AM. 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 immediately without refund.
• No glass or Styrofoam containers.
• Fireworks, firecrackers, and pyrotechnics are prohibited.
• Guests must wear Company-provided wristbands at all times.
• No firearms.
• No pets of any kind are permitted at Son’s Rio Cibolo.
• No confetti, glitter, or cascarones.
• There is no smoking inside any unit.
• Fighting, theft, destruction of property, lewd or offensive behavior, excessive drinking, excessive profanity, and discourteous behavior will not be tolerated; offending guests may be removed and authorities contacted, and the guest is responsible for the cost of any loss or destruction of Company property.
• Diving and jumping from high objects are strongly discouraged due to varying water depth, lack of water clarity, and the presence of other guests.
• Snakes and other wildlife may be present. Stay on designated pathways, roads, and docks; use flashlights at night; and avoid high grass, thick reeds, and roots at the water’s edge. Keep your distance from all wildlife and alert the Company of any concerns.
• Guests should leave valuables at home; the Company is not responsible for the loss, theft, or destruction of personal property.
• Respect for Neighboring Property and Boundaries. Guests must remain within the boundaries of Son’s Rio Cibolo 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 creek, 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.

Pool and Hot Tub Rules. The heated pool and hot tub(s) are used at your own risk. There is no lifeguard on duty. You are responsible for the safety of yourself and your guests in and around the pool and hot tub. Among the risks are malfunction of equipment, slips, trips, and falls in the pool or hot tub area, collisions among swimmers and divers, and injuries from any activity in the water. Minors must never be left in the pool or hot tub area alone for any amount of time. Elderly persons, persons with heart conditions, and pregnant women should consult a physician before using a hot tub. Children 12 and under and infants should not use the hot tub due to high temperatures. Persons under the influence of alcohol or drugs may not use the pool or hot tub area. No animals, pets, or glass are permitted in the pool or hot tub area, and gates must be securely closed when entering and exiting. This list is illustrative and not exhaustive.

Game Room and Court Games. Use of the game room, basketball and volleyball courts, horseshoes, hiking trails, and similar amenities is voluntary and at the guest’s own risk. Guests assume all risks of injury arising from these activities and from uneven terrain on the Property.

Weather and Flooding. Son’s Rio Cibolo is in a flood plain in Marion, Texas. Lightning strikes can cause serious injury or death. Guests must immediately evacuate or take any steps required by the Company upon any severe weather or flood watch or warning, must independently monitor weather and rising water levels, and must take all precautions necessary to ensure their own safety.

11. Access, Authority and Medical Attention

The Company may access any Rental Unit at any time. The Company may terminate service, contact law enforcement, or require any guest to leave or curtail their behavior at any time, without warning or refund, if the Company has any concern regarding safety or a violation of any rule or law. The Company may seek medical attention for any guest at any time for any reason; each guest is responsible for the cost of medical care rendered to that guest. The Property is bordered by a public body of water; guests are asked to contact law enforcement directly with any concern about unsafe behavior in or around the water.

12. Falsified Reservations; Right to Refuse Service

Any reservation obtained under false pretense is subject to forfeiture of all advance payments, deposits, and rental money, and the party will not be permitted to stay. The Company reserves the right to refuse or immediately terminate service to anyone and is not liable for any refund or compensation. Rates are subject to change without notice but will not change from the rates stated in the Contact’s original quote.

13. Activities, Hazards and Risks

PLEASE READ SECTIONS 13, 14, 15 AND 16 AND ALL SUBPARTS CAREFULLY. BY ACCEPTING THIS AGREEMENT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

(a) Natural Waterway. The Property is bordered by Cibolo Creek, a natural, spring-fed body of water with UNTREATED water. It has none of the safety features of a man-made pool: there is no fence or barrier restricting entry, no depth markings, and no lifeguard. Depth may be difficult to judge, water may be murky, and submerged objects and underwater hazards may be present. Water may be deep in some places and shallow in others, cold, fast, and subject to rapid change and flooding. DIVING AND JUMPING ARE STRONGLY DISCOURAGED.

(b) Water Quality; Bacteria and Pathogens. Cibolo Creek is natural, untreated surface water. The Company does not test, treat, disinfect, monitor, or guarantee the safety or cleanliness of the creek water. Governmental and water-quality agencies, including the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency (EPA), have identified the lower Cibolo Creek as an “impaired” water body for primary contact recreation — including placement on the EPA’s Clean Water Act Section 303(d) list — based on elevated levels of E. coli bacteria, and have reported elevated nitrate and phosphorus, depressed dissolved oxygen, and an increased risk of disease-causing pathogens. CONTACT WITH OR INGESTION OF THE WATER MAY CAUSE ILLNESS, INFECTION, GASTROINTESTINAL SYMPTOMS, RASHES, OR OTHER ADVERSE HEALTH EFFECTS. You voluntarily assume all risks of illness, infection, or injury arising from contact with, ingestion of, submersion in, or proximity to the creek 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. Guests who prefer treated water may use the Company’s pool.

(c) Inherently Dangerous Activity. RENTING A RENTAL UNIT OR BEING A GUEST AT SON’S RIO CIBOLO IS AN INHERENTLY DANGEROUS ACTIVITY AND CAN RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH. Each guest assumes all such risks and is responsible for their own safety and for the minors in their group. THERE ARE NO LIFEGUARDS ON DUTY. A responsible adult must monitor weak swimmers and children at all times. The Company strongly recommends that each guest wear a fastened PFD at all times in or near the water, and footwear that protects against sharp objects. PFDs are available for free use; PFDs do not save lives — parental supervision does. If you are absent, designate another adult in your party.

(d) Recreational Activities. The services and activities offered at Son’s Rio Cibolo include the use of cabanas, cabins, campgrounds, glamping facilities, parking, fire pits, grills, the heated pool, hot tubs, the game room, and rental Equipment such as kayaks, tubes, paddleboards, and floating water mats, as well as swimming, fishing, hiking, volleyball, basketball, and horseshoes (collectively, the “Recreational Activities”). THE RECREATIONAL ACTIVITIES ARE INHERENTLY DANGEROUS AND MAY RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH.

(e) Specific Risks. The risks associated with the Property and the Recreational Activities include, without limitation: sudden changes in weather; flooding; lightning; insects, snakes, and wildlife; fire; entering, exiting, overturning, and operating watercraft; falling from, being thrown from, or becoming trapped beneath tubes, floating water mats, or other equipment; dangerous water conditions; waterborne bacteria, including E. coli, and other pathogens, contaminants, nitrates, and phosphorus in the creek; illness or infection from contact with or ingestion of untreated natural water; murky water and inability to assess depth; entrapment or entanglement in natural or artificial conditions such as root-wads, log-jams, bridges, and abutments; objects and hazards in the water; hazards from vehicles on the Property; less-than-sanitary conditions; hazards from the consumption of alcohol near water; uneven terrain; trees in and around the water; falling tree limbs; hypothermia; slips and falls; excessive exertion; pool and hot tub hazards; loss, theft, or damage to personal property; and the conduct of other guests or third parties over whom the Company has little or no control.

(f) Suitability. The Company has not determined 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 limitations.

(g) Alcohol. Even small quantities of alcohol impair judgment and the ability to manage risk and make being in or near water more dangerous. The Company advises all guests over 21 to exercise extreme caution and accepts no responsibility for the consumption of alcohol by adult guests.

(h) Falling Branches. The Property has many large trees, including pecan and oak trees, which are self-pruners and lose branches from time to time. The Company and the Released Parties are not liable for any damage or harm caused by falling branches onto persons, vehicles, or property, as such incidents are beyond the Company’s control.

(i) Pool and Hot Tub. There is never a lifeguard on duty at the pool or hot tub. You are responsible for the safety of yourself and your guests in and around the pool and hot tub, including adherence to all posted warning signs. Risks include malfunction of pool or hot tub equipment; slips, trips, and falls in the pool area; collisions among unsupervised swimmers and divers; and other injuries from any activity in the water. The Company’s pool and hot tub rules in Section 10 are incorporated here by reference. This is not an exhaustive list of risks.

(j) COVID-19 and Communicable Disease. An inherent risk of exposure to COVID-19 and other communicable diseases exists in any public place where people are present. By visiting any Son’s property, you voluntarily assume all risks related to such exposure.

14. Assumption of Risk, Release of Liability and Indemnity

IN CONSIDERATION OF BEING PERMITTED TO RENT SPACE AND EQUIPMENT AND TO ENGAGE IN RECREATIONAL ACTIVITIES AT SON’S RIO CIBOLO, I, FOR MYSELF, MY HEIRS, ASSIGNS, AND ANYONE CLAIMING THROUGH ME, AND ON BEHALF OF ANY MINORS FOR WHOM I AM SIGNING, AGREE TO THE FOLLOWING:

(a) ASSUMPTION OF RISK. 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 RIO CIBOLO, INCLUDING WITHOUT LIMITATION 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.

(b) RELEASE OF LIABILITY. I VOLUNTARILY WAIVE AND RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ALL OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS FOR DAMAGE, LOSS, OR THEFT OF PROPERTY AND FOR ANY BODILY INJURY, PERMANENT DISABILITY, OR DEATH RESULTING FROM PARTICIPATION IN THE RECREATIONAL ACTIVITIES OR FROM ANY OTHER INCIDENT OCCURRING BEFORE, DURING, OR AFTER MY TIME AT SON’S RIO CIBOLO.

(c) INDEMNITY. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 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, “CLAIMS”) INCURRED BY OR ENTERED AGAINST THEM AS A RESULT OF PARTICIPATION IN THE RECREATIONAL ACTIVITIES OR FROM ANY OTHER INCIDENT OCCURRING BEFORE, DURING, OR AFTER MY TIME AT SON’S RIO CIBOLO.

(d) EXPRESS NEGLIGENCE RELEASE. I EXPRESSLY AGREE THAT THE FOREGOING ASSUMPTION OF RISK, WAIVER, RELEASE, AND INDEMNITY APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES OR BY THE SOLE OR CONCURRENT NEGLIGENCE OF THE COMPANY OR ANY OF THE RELEASED PARTIES, BUT NOT BY THEIR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS PROVISION IS CONSPICUOUS AND IS INTENDED TO SATISFY THE TEXAS EXPRESS NEGLIGENCE DOCTRINE AND FAIR-NOTICE REQUIREMENTS.

(e) OWNER RELEASE AND SOLE RECOURSE AGAINST THE MANAGER. I SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE OWNER ENTITIES MERELY OWN THE LAND AND HAVE NO ROLE IN OPERATING SON’S RIO CIBOLO. I RELEASE, WAIVE, AND DISCHARGE THE OWNER ENTITIES FROM ANY AND ALL CLAIMS OF EVERY KIND, AND I AGREE THAT MY SOLE AND EXCLUSIVE RECOURSE FOR ANY CLAIM ARISING OUT OF OR RELATING TO MY RESERVATION, MY USE OF THE PROPERTY, OR THE RECREATIONAL ACTIVITIES IS AGAINST THE MANAGER, SON’S ISLAND GETAWAYS, LLC, AND NOT AGAINST ANY OWNER ENTITY. NOTHING IN THIS AGREEMENT CREATES ANY LIABILITY ON THE PART OF ANY OWNER ENTITY.

(f) SUPERVISION. I AGREE TO PROVIDE OR ENSURE ADEQUATE SUPERVISION OF MINORS AND SWIMMERS, WHETHER MYSELF OR BY ASSIGNMENT TO ANOTHER ADULT, AT ALL TIMES WHILE AT SON’S RIO CIBOLO, AND TO EXPLAIN ALL RISKS TO EVERYONE IN MY PARTY.

15. Parental and Guardian Release and Indemnity for Minors

IF I AM ACCEPTING THIS AGREEMENT ON BEHALF OF A MINOR, I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THAT MINOR AND HAVE FULL AUTHORITY TO DO SO. ON BEHALF OF THE MINOR AND MYSELF, I AGREE TO THE ASSUMPTION OF RISK, RELEASE, AND INDEMNITY IN SECTION 14 AS TO THE MINOR, AND I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND THE RELEASED PARTIES FROM ANY CLAIM BROUGHT BY OR ON BEHALF OF THE MINOR, INCLUDING ANY CLAIM CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF THE COMPANY OR THE RELEASED PARTIES, BUT NOT THEIR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

16. Media Release

I grant the Company permission to photograph and record images and video of guests at Son’s Rio Cibolo and to use them in its marketing and promotional activities, and I waive and release any claim against the Company and the Released Parties relating to such images and video.

17. SMS Communication Consent

By accepting this Agreement, you consent to receive SMS (text) messages from the Company related to your reservation, including confirmations, payment reminders, check-in instructions, and other relevant communications.

(a) Frequency. The Company may send SMS messages to the phone number you provide; frequency varies by reservation.

(b) Rates. Message and data rates may apply; you are responsible for any carrier fees.

(c) Opt-Out. You may opt out at any time by replying STOP to any message, which discontinues SMS communications related to your reservation.

(d) Privacy. The Company will use your number for reservation-related communications only and will not share it with third parties for marketing.

(e) Authority. You acknowledge that you have read and agree to this SMS consent and have the legal authority to consent on behalf of all individuals on this reservation.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, OR LOSSES CAUSED BY FIRE, FLOOD, WIND, FALLING BRANCHES, UTILITY INTERRUPTIONS, THEFT, VANDALISM, THE CONDITION OF THE PROPERTY, ACTS OF OTHER GUESTS OR THIRD PARTIES, OR OTHER CASUALTY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE RELEASED PARTIES EXCEED THE AMOUNT THE CONTACT PAID FOR THE RESERVATION GIVING RISE TO THE CLAIM. THE GUEST WILL PROMPTLY REIMBURSE THE COMPANY FOR ANY LOSS OR DAMAGE CAUSED BY THE GUEST, ANY OCCUPANT, ANY UNAUTHORIZED OCCUPANT, OR ANY PET.

19. Dispute Resolution; Arbitration; Governing Law

(a) Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to choice-of-law principles.

(b) Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the reservation, the Property, or the Recreational Activities will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, before a single arbitrator. The seat and location of the arbitration will be Guadalupe County, Texas. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class-Action Waiver. All claims must be brought in the party’s individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

(d) Forum Selection for Court Proceedings. To the extent any matter is, despite the agreement to arbitrate, brought before or decided by a court — including a proceeding to compel, stay, confirm, enforce, modify, or vacate an arbitration or arbitration award, any claim a court finds non-arbitrable, or any request for provisional or injunctive relief — the parties agree that the state district courts of Guadalupe County, Texas (and the federal courts whose district includes Guadalupe County, Texas) will have exclusive jurisdiction and venue. Each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum or improper venue.

(e) Attorney’s Fees. The prevailing party in any arbitration or court proceeding to enforce this Agreement is entitled to recover its reasonable attorney’s fees, prejudgment interest, costs of service, and all other costs from the non-prevailing party.

20. Miscellaneous

(a) Severability. Each provision of this Agreement is severable. If any provision is held invalid or unenforceable, it will be modified or replaced to come as close as possible to the original intent, and the remaining provisions will remain in full force and effect.

(b) Exceptions. Any exception to this Agreement must be approved by the Company in writing in advance.

(c) Assignment; Binding Effect. The Company may assign this Agreement, including on a transfer of ownership. The Contact may not assign without the Company’s written consent. This Agreement binds the parties’ heirs, executors, successors, and assigns.

(d) Entire Agreement. This Agreement is the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral.

21. Electronic Acceptance and Signature

By checking the acceptance box and submitting your booking on the Company’s website, or by signing below, you acknowledge that you have read, understand, and agree to this entire Agreement, including the assumption of risk, release of liability, express negligence release, indemnity, and arbitration provisions; that you are at least 25 years of age; and that you accept this Agreement on behalf of yourself and every member of your party. You agree that your electronic acceptance is the legal equivalent of your handwritten signature and is fully binding under the Texas Uniform Electronic Transactions Act.

For online bookings, the Company records the following as evidence of acceptance: the accepting party’s full name, the date and time of acceptance.

*** READ AGREEMENT BEFORE SIGNING ***

Signed:
By signing, you are agreeing by the terms and conditions of this document, as well as making sure your party pays in full the total reservation amount according to the invoice.

Please select who will be participating: