ASSUMPTION OF RISK
GENERAL RELEASE AND INDEMNITY AGREEMENT
I acknowledge that I am over eighteen years of age, of sound mind, and capable of making this agreement. Explore Ranches, LLC (“Explore Ranches”), is a for profit corporation organized and existing under the laws of the State of Texas. http://exploreranches.com/ is a website (“site”) operated by Explore Ranches, LLC for itself and on behalf of its group of companies and/or affiliates (hereinafter, “Explore Ranches”, “we” or “our”). In exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:
Individuals and entities (each, individually, a “Releasor” and collectively, the “Releasors”) may access the site for the purpose of identifying and leasing real property (“Property”) owned by third-party individuals or entities (each, individually, a “Landowner” and collectively, the “Landowners”) for the purpose of participating in RECREATIONAL OR AGRITOURISM ACTIVITIES OR ANY OTHER ACTIVITY WHATSOEVER. Explore Ranches and the participating Landowner or Landowners (hereinafter, “Released Parties”) may also provide various recreational events, including, but not limited to camping trips, hiking trips, water sport events, various types of outdoor activities and other events planned by Explore Ranches (the “Activities”).
I further acknowledge and agree that participating in the Activities are potentially hazardous activities, which could cause injury or death. As a condition of gaining access to the Property for any purpose, Released Parties have requested and Releasor has agreed to execute this RELEASE AND INDEMNITY AGREEMENT and shall be bound by the terms and conditions herein set out.
Therefore, in consideration of being permitted to participate in RECREATIONAL OR AGRITOURISM ACTIVITIES OR ANY OTHER ACTIVITY WHATSOEVER, conducted on, above, traveling to or from or in any way connected with the the Activity, Releasor, for himself or herself, his or her spouse, minor children, legal representatives, successors and assigns, hereby RELEASES, DISCHARGES AND HOLDS Explore Ranches, LLC and the participating Landowner or Landowners, collectively the Released Parties, as well as their officers, directors, shareholders, members, managers, partners, employees, agents, legal representatives, successors and assigns ABSOLUTELY AND COMPLETELY HARMLESS FROM ANY AND ALL LIABILITY to Releasor with respect to any and ALL CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OF WHATEVER KIND OR NATURE, EITHER AT LAW OR IN EQUITY, ARISING FROM OR BY REASON OF ANY BODILY INJURY OR PERSONAL INJURIES, KNOWN OR UNKNOWN, DEATH OR PROPERTY DAMAGE RESULTING OR TO RESULT FROM ANY ACCIDENT, EVENT OR OCCURRENCE that may occur as a result of Releasor’s participation in an Activity or Releasor’s mere presence on the Property, whether by negligence or otherwise. Releasor further releases Released Parties from any claim whatsoever on account of first aid, treatment or service rendered or not rendered to Releasor during his or her participation in an Activity or presence on the Property.
Releasor acknowledges that that there are many hidden or unknown risks that are unavoidable on a rural Property, some of which risks are manmade and others of which are strictly a result of nature. Releasor also understands that some conditions and risks may be known to Released Parties, its employees or agents that are unknown to Releasor. Releasor fully acknowledges and agrees that Released Parties nor any of their agents or employees has a duty to advise Releasor of any potential risks, dangers or conditions on the property and recognizes that what may appear dangerous to some individuals may be commonplace to others.
Releasor is aware that RELEASED PARTIES DO NOT INTEND TO INSURE OR COMPENSATE RELEASOR IN ANY WAY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE incurred while participating in an Activity or otherwise being present on the Property.
Releasor hereby ASSUMES FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF THE RELEASED PARTIES, in the course of participating in an Activity or otherwise being present on the Property.
Releasor agrees to INDEMNIFY AND HOLD Released Parties HARMLESS from any loss, liability, damage or cost which he or she may incur due to participation in an Activity or otherwise being present on the Property, WHETHER CAUSED BY THE ACTIVE, PASSIVE OR SOLE NEGLIGENCE OF RELEASED PARTIES. This obligation to indemnify and hold Released Parties harmless binds Releasor’s heirs, successors and assigns in the event of his or her death or incapacity.
Releasor expressly agrees that this RELEASE, WAIVER, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as permitted by the laws of the state of Texas. This Release is binding under the laws of the state of Texas and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding such invalidity, continue in full legal force and effect.
Releasor further states that HE/SHE HAS CAREFULLY READ THE FOREGOING RELEASE, understands the contents thereof and signs this release as his/her own free act and deed. Releasor further agrees that any dispute arising between the parties relating to this agreement shall be submitted to arbitration in the state of Texas and Releasor waives any right of trial by court or jury.
NOTICE: The Property terrain is a hostile environment and immediate medical attention is not available. Serious injury or medical emergencies could result in death or serious bodily injury. Proper hydration and equipment is mandatory for all recreational activities. Please advise our agents of any of the following:
Allergies, medical conditions for which you are under treatment, recent surgery or fear of heights. Are you adversely affected by heat? Can you climb steep trails on loose rocks and walk long distances under conditions of high heat and humidity?
AGREEMENT AND WARNING
I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL THE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
I HAVE READ THE FOREGOING RELEASE AND INDEMNIFICATION AGREEMENT AND I UNDERSTAND AND FREELY AGREE TO THE TERMS HEREOF.
(Our agents may cancel the visit at its discretion if the safety of the group or any individual is in jeopardy. Children must be under adult control at all times and must stay with the group.)
My signature to this RELEASE, WAIVER, AND INDEMNITY AGREEMENT also grants permission for the use of any photograph by Released Parties of any guests participating in activities on the Property whether used in promotion or otherwise.
If the person signing this RELEASE, WAIVER, AND INDEMNITY AGREEMENT is a parent or legal guardian of a person under the age of 18 that will be on the Property, such person, by signing this Release and Indemnity Agreement, is agreeing to the Minor Release below.
MINOR RELEASE
Assumption of Risk, Release and Indemnification for Minors: I, as parent/guardian with legal responsibility for the the person or persons under the age of 18 (the “Minor” or “Minors”) participating Activities, consent and agree to his, her or their release and assumption of risk in the same manner and to the same extent as my release and assumption of risk as set forth on the reverse side of this form. For myself, my heirs, legal representatives and assigns, I release, assume and agree to indemnify and hold harmless the Released Parties, for any and all Losses on behalf of and with respect to the Minor(s) entry, presence or activities upon the Property, AND REGARDLESS OF ANY CONTRIBUTORY OR SOLE, ACTIVE OR PASSIVE, NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTIES AND ANY OTHER PERSON OR ENTITY. I, for myself, heirs, legal representatives or assigns pledge not to sue on behalf of myself or the Minor(s) the Released Parties for any such indemnified Losses described above.