§ 75D.003.Posted Warning

The posting requirement on which the chapter’s liability limit depends.

For the purposes of the limitation of liability, a water park entity must post and maintain a sign in a clearly visible location at or near the entrance to the water park, containing the prescribed language.

The sign is a condition, not a courtesy. The limitation applies "for the purposes of" the liability provision, so an entity that has not posted is outside the protection entirely and defends on ordinary negligence principles.

"Post and maintain" is two obligations. A sign that was put up and has since faded, fallen, or been obscured has not been maintained, and the protection travels with the sign’s condition.

Compare the placement rules across the 75-series, which vary by the geography of each activity. The cavern chapter requires a sign at each cavern entrance; the RV park and this chapter require one at the park; the agritourism chapter reaches any premises where an activity occurs.

One sign works here because a water park has a controlled entrance. Every visitor passes through it, which is exactly the assumption the single-sign rule rests on — and why a cavern with several mouths needs more.

The prescribed language names the chapter and the code, so a visitor who wants to know what the limitation is can find it. It covers injuries or death resulting from attendance at a water park or participation in a water park activity — and attendance alone is enough, which is broader than the participation-based chapters around it.

Note that this chapter has no signed-agreement alternative. Only the agritourism chapter offers one; here the sign is the whole of it.