Relating to liability of a water park entity for injuries arising from certain activities.

Contracts

• Vendor MSAs: Review Master Services Agreements with third-party lifeguard or maintenance staffing agencies. The statute removes liability protection if an injury results from "improper training." Your contracts must indemnify the water park if the vendor’s failure to train their staff voids your statutory defense.
• Liability Waivers: Update participant waivers to explicitly reference Chapter 75D, Civil Practice and Remedies Code. While the statute acts as a shield, your waiver should mirror the statutory language to reinforce assumption of risk.

Hiring/Training

• Defensive Documentation: The law excludes injuries caused by "failure to train or improper training" from the liability shield. You must transition from informal on-the-job shadowing to a formalized, written curriculum.
• Certification Verification: Implement a mandatory audit of all employee certifications (CPR, First Aid, Lifeguard) prior to the effective date. Expired certifications will be used by plaintiffs to argue "improper training," piercing the corporate shield.

Reporting & Record-Keeping

• Signage Logs: Create a maintenance log specifically for the statutory signs. Photograph the signs upon installation and monthly thereafter to prove they were "clearly visible" at the time of any future incident.
• Inspection Records: The shield does not cover dangerous conditions the operator "reasonably should have known" about. You must maintain rigorous daily inspection logs to prove due diligence and lack of constructive knowledge of hazards.

Fees & Costs

• Signage Procurement: Budget immediately for the fabrication of durable, weather-resistant signs containing the verbatim statutory warning text.
• Legal Review: Budget for outside counsel to review current safety manuals to ensure they meet the "proper training" standard implied by the statute.