Terms of Use Agreement

REVOCABLE LICENSE AND INDEMNITY AGREEMENT

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This Revocable License and Indemnity Agreement (the “Agreement”) is entered into by and between HIGH ISLAND SUPPLY, acting herein by CHRISTIAN TAYLOR (collectively the "Licensor"), whose address is P.O. Box 666, Austin, Texas 78767, and the applicant named on Sign Up Page of this website, (“Licensee”). 

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RECITALS 

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WHEREAS, Licensor is an owner of that certain real property more particularly described in “Exhibit A”, attached hereto and more commonly known as the “High Island Boat Ramp” (the “Property”); and 

WHEREAS, Licensee desires to exercise certain rights and privileges upon the Property and any crew member, independent contractor or employee of Licensee must read, review and accept this Agreement and provide all relevant information required by acknowledging their agreement with the “I Agree” button and sign-up page; 

NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 

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AGREEMENT 

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1.0. Revocable License. Licensor hereby give permission, revocable and terminable as hereinafter provided, at Licensor’ sole discretion, to Licensee to enter onto the Property for the express limited purposes accessing the boat ramp, loading and unloading passengers and crew, and meeting third-party contractors for the sole purpose of supplying vessels with maintenance, supplies, and provisions necessary for Licensee’s commercial use. The revocable license permits the aforementioned uses but prohibits any additional commercial use without the prior written consent of the Licensor, which consent may be withheld at their sole discretion (the “License”). 

2.0. Consideration. In consideration for this revocable license, upon execution of this License, Licensee shall pay to Licensor a sum of $100.00 per boat, per day, per use. Licensee hereby acknowledges that the Licensor has title to the Property as described herein and agrees never to assail, resist, or deny such title. 

3.0. Term. This revocable license shall begin when the Licensee and any crew member, independent contractor or employee of Licensee has read and acknowledged their acceptance by clicking the “I Agree” button and sign-up page, and when the initial $100.00 fee has been paid by Licensee, whichever is later, and shall continue until terminated by the Licensor or by Licensee. 

   

4.0. License Not Exclusive. This license is not exclusive to Licensee and Licensee shall have the privilege hereunder only of utilizing such portion of the Property as designated herein. Licensee understands and acknowledges that Licensor may grant other non- exclusive revocable licenses to third parties. 

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5.0. Rules and Regulations. Licensee agrees to abide by all rules, as established by Licensor or Licensor’ agents as well as all local, state, and federal laws (including all fish and wildlife laws and environmental laws and all rules, and regulations). Licensee has read, understands, and agrees to follow all Mandatory Licensee Rules outlined in “Exhibit B”, attached hereto, and Licensee understands and agrees the Licensor’ may amend or modify the Mandatory Licensee Rules at the Licensor’ sole discretion. 

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6.0. Liability, Indemnification and Release. Licensee agrees to indemnify, defend, and hold harmless Licensor from any and all claims, attorney’s fees, actions, damages, liabilities or litigation arising out of or related to (i) any use of the Property by Licensee or the guests of Licensee; (ii) the rights and privileges granted by this License; and (iii) injury or property damage (including death of Licensee, Licensee’s guests, or any third party) which arises from or relates to the Licensee’s exercise of its rights under this license or Licensee’s use of or presence on the Property. 

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It is hereby agreed and acknowledged that the Property is made available for use to the Licensee pursuant to this License on an “as-is” basis and in its present condition, with all faults and defects. It is specifically agreed between the parties that Licensor shall not be required to make, nor be responsible for any cost, in connection with any repair, restoration, and/or improvement to the Property. Notwithstanding anything to the contrary within this License, Licensor make no warranty or representation of any kind or nature whatsoever as to the condition, safety, nature, or repair of the Premises. Licensee understands and acknowledges that the activities for which the Property may be used may be inherently unsafe and dangerous, and assumes all liability arising therefrom. Licensor disclaim all warranties, whether express or implied, that there are no latent defects on the Property. 

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Licensee assumes all risk in connection with activities on the Property, and Licensee releases Licensor, and their heirs, successors, assigns, agents, and representatives for all claims of negligence, gross negligence, and strict liability (including but not limited to personal injury, death, and/or property damage) related to the use of the Property in connection with this License. 

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Licensee shall exercise his/her/its privileges hereunder at his/her/its own risk, and, irrespective of any negligence of Licensor. Licensor shall not be liable to Licensee if for any reason Licensee’s use of the premises hereunder shall be hindered or disturbed. Licensor are not responsible for any property left on the premises, including but not limited to vehicles owned by Licensee. 

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7.0 Insurance. Licensee shall be required to carry general liability insurance in the minimum amount of $1,000,000.00 and shall provide proof of such insurance to Licensor as and when requested by the Licensor. 

    

8.0. Permit. If Licensee enters the Property as a passenger in a vehicle, or otherwise, Licensee shall have this Agreement on his/her person at all times. In the event that an access gate is constructed on the Property, Licensor will provide Licensee with an access code or other means to enter the Property. 

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9.0. Improvements. Unless expressly permitted by Licensor in writing, Licensee shall not erect any permanent or temporary structures or improvements, fixtures, or attachments on the Property. 

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10.0. Privilege Not Assignable. Licensee’s privileges hereunder shall not be assignable by Licensee in whole or in part. 

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11.0. No Creation of Right to Possession. Licensee acknowledges that this Agreement constitutes a revocable license, that this Agreement does not create a lease nor any right to the possession of the Property, nor does it create any estate or interest in the property. 

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12.0. Notice. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally, by mail at Licensee’s above-stated address, or posted on the premises, and if so posted shall be deemed served on the date of posting. If mailed to Licensee in the State of Texas, notice shall be deemed served on the business day next following the date of mailing, or if outside of the State of Texas, notice shall be deemed served on the fourth business day next following the date of mailing.

 

13.0. Entire Agreement. This License embodies the entire understanding of the parties and there are no other agreements or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. This License may be amended or modified by written instrument, signed by the respective parties; provided however, that Licensor may unilaterally change the rules and regulations described on “Exhibit B” by providing notice to Licensee. 

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14.0. Attorney Fees and Waiver of Jury Trial. If either party employs an attorney to enforce its rights under this License, then the prevailing party shall be entitled to and shall recover its reasonable and necessary attorney's fees, costs, and expenses from the non-prevailing party. For purposes of this License, a prevailing party shall be a party in whose favor a final, non-appealable judgment is entered by a court of competent jurisdiction. Each of the parties of this License irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement. 

       

EXHIBIT A 

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Legal Description of the Property

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GALVESTON COUNTY, TEXAS, ABST 41 P BIGLIN SUR TR 1 43 ACRES, BIGLIN PC SURVEY, 0041-00001-0000-004. 

Approximately 43 acres out of the West corner of the P.c. Biglin Survey, Abstract No. 41, Galveston County, Texas and being a part of a 902.1 acre tract of land described in the deed dated May 17,1883 from John Green to Cade and Company recorded in Volume 44, Page 625 of the Deed Records of Galveston County, Texas Said 43 acres being being more particularly described as follows: 

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BEGINNING at a 1/2 inch iron rod set at the intersection of the Southwest line of said P.C. Biglin Survey with the South bank of the Gulf Intracoastal Waterway; 

THENCE South 23 degrees 29' East with said Southwest line of the Biglin Survey and with the Northeast lines of the E.A. Hensolt Survey, Abstract No. 659 at 1089.27 feet passing the centerline of the asphalt for Old State Highway No. 124, at 1520.15 feet passing at 1/2 inch iron rod set in the center of the abandoned G.C. & S.F. Railroad, at approximately 1913 feet passing the South corner of the E.A. Hensolt Survey and continuing with the Northeast line of the Martin Dunman Survey, Abstract No. 53, for a total distance of 2270.65 feet to a 1 1/2 inch iron pipe 4 feet high set in the marsh on the southwest line of the P.C. Biglin Survey and the Northeast line of the Martin Dunman Survey for the South corner of the approximately 43 acres herein described; 

THENCE North 44 degrees 14' 15" East for a distance of 2833.19 feet crossing the Gulf Intracoastal Waterway, to a 2 inch iron pipe 6 feet high set a the intersection of the North bank of the said waterway with the South bank of the Mud Bayou for the East corner tract of land herein described; 

THENCE in a Westerly direction and following the meanders of the original South bank of Mud Bayou, as near as can be determined, to the PLACE OF BEGINNING and containing approximately 67 acres, SAVE AND EXCEPT approximately 15 acres in the right-of-way of State Highway No. 124 and the C.G. & S.F. Railroad thereby leaving approximately 43 acres herein described. 

  

EXHIBIT B 

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MANDATORY LICENSEE RULES 

A VIOLATION OF THE RULES WILL RESULT IN REVOCATION OF LICENSE. 

No guests of Licensee are allowed on the Property.

Licensee will inform Licensor of visitation to the Property by filling out and sending the online form provided.


Licensee must properly display permit or copy of the License while on the Property. 

Licensee shall close and lock the gate (if any) after entering or exiting the Property.

Licensee shall not prop open or otherwise keep the gate from closing. 

Any violation of local, state, or federal environmental, game, fish or wildlife laws, automatically terminates and revokes this License and the rights contained herein. 

No consumption of alcohol or other mind-altering drugs while on the Property. 

No use or operation of any vehicle, including ATVs and boats, is permitted while under the influence of alcohol or any other mind-altering drugs. 

No loaded guns on Property.


No fires, grills, or barbeques on the Property. 

No fishing, crabbing, or other activity, on or near the boat ramp that would prevent access to the boat ramp. Licensee shall not block the driveway or boat ramp at any time. 

No swimming or diving. 

No parking is permitted on the Property. All trailers must be parked outside of the general boat ramp area and/or outside the access gate. Vehicles may be towed if left unattended for extended periods of time. 

The Property must be kept clean of trash, debris, and litter. No storing of any personal belongings or items.