Country club waiver sinks overservice suit but drugging claims survive

The club had a shorter answer. It pointed to a liability waiver in the couple’s membership application. 

That waiver sat in the first full paragraph near the top of page three in a three-page document – the only paragraph containing capitalized text in the entire agreement. It released the club and its employees from “any and all liabilities, injuries, losses, damages or claims arising from my or my family’s use of the Club facilities, including any such claims caused by the Released Party’s own negligence.” 

In a memorandum opinion filed October 16, 2026, the Texas Court of Appeals, Third District, found the release was valid and enforceable. Under Texas law, a liability waiver must clear two hurdles to stand up: it has to be noticeable enough that a reasonable person would spot it, and it has to say plainly that the business is releasing itself from its own negligence. The court found this waiver did both. 

The couple tried to argue their way around it. They questioned whether their membership was ever approved, whether the husband had authority to sign for his wife, and whether “club facilities” even included the bar. The appeals court rejected each point. A membership checklist showed an approved application with a join date and member number. The husband had certified on the form that he held a marriage license and was authorized to sign on his wife’s behalf. And the waiver’s broad wording – covering “dining and event rooms, recreational amenities and outdoor areas” – plainly took in a bar inside the clubhouse. 

On the overservice claims, the court held the Dram Shop Act is the only route to sue an alcohol provider in Texas. It replaces any common-law negligence action. With the waiver blocking those statutory claims, the overservice case was finished.