Rental Agreement

with Assumption of Risk, Release of Liability and Indemnity Agreement

This Cabana Rental Agreement, with Assumption of Risk, Release of Liability and Indemnity Agreement (“Agreement”) is made by and between Son's Travel LLC, a Texas limited liability company, dba Son’s Island (hereinafter collectively “Company”) which operates Son’s Island, located at 110 Lee St., Seguin, Guadalupe County, Texas 78155, and the following individual (hereinafter “Contact”), who agrees to serve as the primary contact for all guests in Contact’s party:

Contact represents and warrants that Contact is an adult and agrees to the following conditions on behalf of Contact and all members of Contact’s party (Contact and all of those in Contacts party are referenced herein collectively and individually as “guest(s)”):

TERMS, CONDITIONS AND AGREEMENT

1. Reservation Details. Contact has received this Agreement because Contact is requesting to reserve either a cabana, evening cabana and/or glamping setup at Son’s Island. Contact’s reservation is valid for cabana(s) to be determined by Company and is only valid for the date(s) and times referenced and reflected on Contact’s invoice. Contact has reviewed the invoice and agrees it is correct. Contact’s reservation is not considered final until Contact returns this Agreement to Company signed by Contact and is paid in full. If Contact notices any disparity between the invoice and Contact’s understanding of the date(s) reserved, Contact should notify Company immediately, prior to signing this 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 a result of any act or omission of Contact. Minors cannot be left unaccompanied on the property at anytime during the reservation. 

2. Hours/Term. Contact’s reservation is valid depending on the type of reservation made:

Daytime Cabana Rental:  10:30am - 6:30pm

Evening Cabana Rental: 7:30pm - 10:30pm

All Inclusive Tent Camping Setup: 7:30pm - 10:00am

3. Maximum Occupancy. Each daytime cabana rental and evening cabana reservation is valid for up to 8 people and each glamping setup rental is valid for 4 guests. Contact may add up to 7 additional guests to a daytime or evening cabana rental for an additional fee of up to $25 per person, payable in advance or at check-in. Wristbands will be provided at check-in to each authorized guest. Wristbands are non-transferable and must be worn during the entire Term of the reservation.

4.Cancellations & Rainchecks. A payment equal to 100% of the price required to rent the cabana(s) is due from Contact at the time of booking to hold the cabana(s) for the date(s) requested. 90% of the payment will be refunded to Contact if the reservation is cancelled by Contact 15 or more days before the date of the reservation. 50% of the payment will be refunded to Contact if the reservation is cancelled by Contact 7 to 14 days before the date of the reservation. No refund will be issued if the reservation is cancelled by Contact less than 7 days before the date of reservation. If dates need to be rescheduled a $75 fee will be applied.

*Rain-checks are made available at our discretion though typically made only if it is raining hard enough during your reservation stay, for the majority of the time to prohibit the use of activities. Rain-check amounts will be for the exact dollar amount of the original reservation. Any credit will not be refunded and any difference must be paid. No rebooking fees are charged.

5. Vehicles. There is a limit of 2 vehicles per cabana, which includes but is not limited to, automobiles, trucks, trailers, motorcycles, jet skis, and boats. Guests may park only in designated parking spaces and may not park any vehicles 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 vehicles towed without prior notice to the owner. Company further reserves the right to restrict the types of watercrafts guests may launch into the water from Son’s Island. If guests have any questions regarding what they may or may not launch into the water from Son’s Island, they are encouraged to contact Company in advance of their reservation date.

6. Equipment Rental. Company maintains a reasonable number of paddle boards, kayaks, ifloats and similar watercraft (collectively “equipment”) which guests may rent from Company. Guests are responsible for and will promptly reimburse Company for any damage sustained by the equipment, the cabana(s) and/or any of Company’s property during the guest’s period of use, normal wear and tear excepted. Contact authorizes Company to authorize the credit card on file for the full amount of any damage without prior notice to Contact or pursue any other remedies available to Company under the law.

7. 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.

8. Waiver, Release and Indemnity. As part of the consideration for allowing guests to rent space and engage in recreational activities at Son’s Island, Company will require each guest to execute an Assumption of Risk, Release of Liability and Indemnity Agreement consistent with the terms of this Agreement at check-in. BY SIGNING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, THE GUESTS ARE GIVING UP IMPORTANT LEGAL RIGHTS. For this reason, Contact is encouraged to circulate this Agreement among anticipated guests and to parents of any minor guests to ensure they have an opportunity to read these provisions thoroughly in advance of the date of the reservation.

9. Miscellaneous Rules. Guests must abide by the following additional 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 of marshmallows and other food is permitted only in barbecue grills supplied by Company. No personal grills may be utilized on Son’s Island. No unconventional items should be burned in fire pits or barbecue grills. If a guest is uncertain regarding what is permitted or what may be burned in fire pits or barbecue grills, the guest should inquire of Company’s employees in advance.

(c) Trash must be placed in appropriate trash receptacles.

(d) Noise must be controlled. No loud music or excessive noise is permitted.

(e) No glass or Styrofoam containers are permitted.

(f) Guests must wear the wristbands provided by Company at all times.

(g) No firearms are permitted.

(h) Fighting, theft, destruction of property, lewd or offensive behavior, excessive drinking, excessive profanity and uncourteous behavior will not be tolerated.

(f) No pets of any kind are permitted on Son’s Island.

(g) Guests are strongly discouraged from standing on ifloats particularly near land or docks, as they are unstable.

(h) Guests should leave all valuable items at home. Company is not responsible for the loss, theft or destruction of any personal property brought to Son’s Island.

(i) Diving is 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.

(j) Snakes and other wildlife may be present on Son’s Island and in the waters around Son’s Island. 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. Guests should keep their distance from all wildlife and alert Company if they have any concerns about any wildlife encountered at Son’s Island.

(k) Son’s Island is subject to flooding and is in the flood plain. Lightning strikes can also result in serious injury or death. For safety reasons, guests must immediately evacuate Son’s Island or take any other steps required by Company if there are severe weather or flood watches or warnings in the area. Guests must also independently monitor weather and severe weather watches and warnings, monitor for rising water levels and ensure guests evacuate the area or take any other precautionary steps necessary to ensure guest safety in the event of a flood or severe weather.

10. Access and Authority. Company reserves the right to access the cabanas and/or any other part of Son’s Island at any time. Company may terminate service, contact the police or ask any guest to leave Son’s Island or curtail their behavior at any time without issuing a warning or a refund if Company has concerns regarding safety or violations of any rules of Company or laws. Company may seek medical attention for any guest at any time for any reason. Company requests that guests notify Company if they observe any unsafe behavior or behavior that violates any of Company’s rules or laws. Company requests that guests contact the police if guests have concerns about any unsafe behavior in the waters around Son’s Island as Son’s Island is surrounded by a public body of water.

11. Severability; Exceptions. This Agreement and each provision in this Agreement is severable. In the event any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. Any exceptions to the terms of this Agreement must be approved by Company in writing in advance.

12. Jurisdiction; Venue. The state District Court of Guadalupe County, Texas will have jurisdiction and exclusive venue over all disputes between Company and the undersigned guest. This Agreement will be construed in accordance with the laws of the State of Texas, regardless of choice-of-law principles.

13. ACTIVITIES, HAZARDS AND RISKS. PLEASE READ SECTIONS 13 AND 14 AND ALL SUBPARTS CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

(a) Son’s Island is a natural attraction subject to risks that are not present at man made pools and attractions. Son’s island is also surrounded by a public body of water, Lake Placid, which presents additional risks. LAKE PLACID IS A NATURAL BODY OF WATER WITH UNTREATED WATER WHICH MAY MAKE IT DIFFICULT TO JUDGE DEPTH OR SEE SUBMERGED OBJECTS. AS WITH ANY NATURAL WATER BODY, YOU SHOULD USE CAUTION & USE COMMON SENSE WHILE ENTERING & 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 OR BEING A GUEST AT SON’S ISLAND IS AN INHERENTLY DANGEROUS ACTIVITY AND CAN RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH. Contact and guests assume all such risks. Each guest should be aware of his/her surroundings at all times. EACH GUEST IS RESPONSIBLE FOR THEIR OWN SAFETY AND THOSE MINORS IN THEIR GROUP while on Son’s Island, in the water around Son’s Island and while engaging in Recreational Activities in and out of the water. THERE ARE NO LIFEGUARDS ON DUTY AT SON’S ISLAND and there are no slip-resistant surfaces or fences, guardrails or similar restraints. A RESPONSIBLE ADULT SHOULD MONITOR WEAK SWIMMERS AND CHILDREN AT ALL TIMES. IT IS HIGHLY RECOMMENDED THAT EACH GUEST WEAR A FASTENED, PERSONAL FLOTATION DEVICE (LIVEVEST) AT ALL TIMES. Guests should also wear footwear which will provide protection from sharp objects and minimize the risk of foot entrapment. Guests should swim close to Son’s Island to minimize the risk of drowning or being struck by watercraft operated by other guests or members of the public.Guests should avoid trees and vegetation to minimize the risk of getting struck by falling tree limbs, entangled in vegetation, or bit by snakes or wildlife. Guests 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 Island include the use of cabanas, campground and glamping facilities, parking spaces, fire pits, grills, rope swings, rental equipment such as paddleboards, kayaks, ifloats, tubes, rafts and other similar watercraft as well as swimming, fishing, and volleyball (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 associated with visiting Son’s Island and engaging in the Recreational Activities include, but are not limited to, the following: sudden changes in weather conditions; flooding; lightning; insects, snakes and wildlife; fire; entering, exiting, overturned and operating watercrafts; dangerous water conditions; murky water and inability to assess depth of water; entrapment or entanglement by or in natural or artificial conditions such as root-wads, log-jams, bridges, abutments, and waterfalls; water which is deep in some places, shallow in other places, cold, fast, subject to rapid change and flooding; objects and hazards in the water; hazards resulting from the presence and operation of vehicles on Son’s Island; less than sanitary conditions; hazards resulting from the consumption of alcohol near water or while engaging in the Recreational Activities; uneven terrain in and next to the water; murky water and inability to see the bottom; trees in and around the water; falling tree limbs; hypothermia; injury from slips and falls; excessive exertion from strenuous activity; loss, theft or damage to personal property; and serious bodily injury, permanent disability or death. There is the risk of injury by other people engaging in Recreational Activities or other reckless or criminal activities 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, medical, physical or other qualifications or the suitability of any guest for the Recreational Activities. Each guest must assess their own suitability for the Recreational Activities and recognize their own limitations.

(f) Consumption of even small quantities of alcohol will impair judgment, reduce a guest’s ability to effectively 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 Son’s Island and engaging in Recreational Activities after consuming alcohol and Company accepts no responsibility for the consumption of alcohol by adult guests

(g) FALLING BRANCHES: There are many large trees including pecan trees located on the Property. Many of these trees, especially pecan trees are known as self-pruners and as such will lose branches from time to time. Son’s Island is not liable for damages or harm caused by such branches falling onto the undersigned’s or his/her parties’ and/or guest’s vehicles and/or persons as such incidents are beyond Son’s Island control.

(h) An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, or CDC, senior citizens and guests with underlying medical conditions are especially vulnerable.

By visiting any Son's Travel property, you voluntarily assume all risks related to exposure to COVID-19.

14. ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY. IN CONSIDERATION OF BEING PERMITTED TO RENT SPACE AND EQUIPMENT AND ENGAGE IN RECREATIONAL ACTIVITIES AT SON’S ISLAND, I, FOR MYSELF, MY HEIRS, ASSIGNS AND ANYONE CLAIMING THROUGH ME, AND THOSE OF ANY MINORS FOR WHOM I AM SIGNING, HEREBY EXECUTE THIS RELEASE IN FAVOR OF COMPANY, ON BEHALF OF MYSELF AND ON BEHALF OF THE CHILDREN OR DEPENDENTS, IDENTIFIED HEREIN. 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 ISLAND, 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, COMPANY, AND ITS REPRESENTATIVES, OWNERS, INVESTORS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LANDOWNERS, LANDLORDS, SUBSIDIARIES, CONTRACTORS, AFFILIATED COMPANIES OR ENTITIES, SUCCESSORS, HEIRS AND ASSIGNS (ALL COLLECTIVELY REFERENCED IN THIS AGREEMENT AS THE “RELEASED PARTIES”), FOR ANY AND ALL DAMAGE, LOSS OR THEFT OF ANY PROPERTY, AS WELL AS ANY BODILY INJURY, PERMANENT DISABILITY OR DEATH RESULTING FROM PARTICIPATION IN THE RECREATIONAL ACTIVITIES OR RESULTING FROM ANY OTHER INCIDENT OCCURRING BEFORE, AFTER OR WHILE I AM AT SON’S ISLAND

(b) I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND THE RELEASED PARTIES (THAT IS, DEFEND THEM AND SATISFY BY PAYMENT OR REIMBURSEMENT) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEY’S FEES AND COSTS (ALL COLLECTIVELY REFERENCED AS THE “CLAIMS”) INCURRED BY OR ENTERED AGAINST COMPANY OR THE RELEASED PARTIES AS A RESULT OF PARTICIPATION IN THE RECREATIONAL ACTIVITIES OR RESULTING FROM ANY OTHER INCIDENT OCCURRING BEFORE, AFTER OR WHILE I AM AT SON’S ISLAND.

(C) I AGREE THAT THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES AT SON’S ISLAND OR BY THE SOLE OR CONCURRENT NEGLIGENCE OF COMPANY (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY).

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

(E) THE UNDERSIGNED FURTHER GRANTS PERMISSION TO COMPANY TO TAKE PICTURES AND USE IMAGES OR VIDEO IN ITS MARKETING AND PROMOTIONAL ACTIVITIES AND WAIVES AND RELEASES ANY CLAIM AGAINST COMPANY RELATING TO SUCH IMAGES AND VIDEO.

Please enter your legal name as it appears on your passport or driver;s licence.

This is to certify that I release as provided above, and, for myself, my child and our heirs, assigns, and next of kin, release and agree to indemnify and hold harmless Son's Travel, LLC DBA SON'S ISLAND from any and all liabilities and/or incidents pertaining to my and my children's involvement, use or participation in equipment and Property provided by Son’s Island, EVEN IF ARISING FROM THE NEGLIGENCE OF SON'S ISLAND, to the fullest extent permitted by law.

Sat Dec 21, 2024

Please select who will be participating: