Indemnity Agreement, Release of Liability and acceptance of Dangers, Risks and Hazards for Right to Enter Property
In consideration for the right to enter real property owned, controlled, managed, leased or occupied by Rody and Kristin Best, Bastrop County, Texas and Roger and Kaye Fuller, Lee County, Texas. (“The Property”). I hereby waive, release, forever discharge, and agree to protect, Indemnify and hold harmless Best Retrievers, it’s owners, employees and agents, the landowner, any lessor or occupant of the property, any heirs, successors and assigns or any of the aforementioned parties, (collective the “Released Parties”) form and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses of every kind and nature (including legal fees), weather know or unknown, in law or equity, that I ever had or may hereafter have, resulting from or related to, directly or indirectly, any accident, incident or occurrence arising out of, incidental to or in any way resulting from my presence on the Property and any use of the Property and all improvements thereon, weather or not caused by the gross, sole, joint, concurrent, active or passive negligence of any of the released parties even if such action or failure to act constituted comparative negligence or strict liability. By this agreement, I hereby expressly covenant and intend to bind me, my spouse, my heirs, executors, legal representatives and assigns, The limitations and protections provided by the Agreement are in addition to any limitations and protections provided by the assigns. The limitations and protections provided by the Agreement are in addition to any limitations and protections provided by the Texas Recreational Use Statute, Tex. Civ. Prac. & Rem. Code § 75.001 et seq, without substitution amendment or alteration of each statue.
I further acknowledge, understand and agree that no warranty, either express or implied is made by the Released Parties as to the condition of the Property, or of any roads, buildings, gates or other improvements located thereon. This document serves to warn me that dangerous conditions, risks and hazards do exist. My presence and activities on the Property expose me and my property to dangerous conditions, risks and hazards that may cause serious or grievous injuries, damage to personal property, and /or death. I further acknowledge and understand that the Property may include, without limitation, persons with firearms bot on and off the Property, the use of vehicles, all-terrain vehicles and farm and ranch equipment, snakes, insects (including poisonous and disease spreading spiders, ticks, fleas, ants and beetles) and animals both wide and domestic, which may be diseased and/or potentially dangerous, unimproved roads, ditches, culverts and general erosion of the land, which may create rough, hazardous and dangerous driving and walking, conditions, sharp rocks, fallen trees, branches, and debris, fence posts, gates and electric or barbed-wire fences water, whether stagnant flowing or deep, mud and silt, and other natural or manmade objects and hazards, I hereby state that I am aware of these facts and expressly assume all such dangers and hazards.
The Agreement contains the entire agreement between me and the Released Parties and supersedes any prior written or oral agreements between the parties concerning the subject matter of this Agreement. The provisions of the Agreement may not be waived, altered, amended or replaced in whole or in part except only upon the prior written consent of all parties. I agree that any claims, actions or proceedings against any of the Released Parties shall be litigated exclusively in Bastrop County, Texas. I hereby submit myself to the jurisdiction of any court located in Bastrop County, Texas. I hereby waive any right I may have to remove, change or transfer jurisdiction or venue out of Bastrop County, Texas. As used in the Agreement, the terms, I, me, my person and myself include minors in my care while on the Property.
I hereby acknowledge that I have read, understand and fully accept and agree to the terms and conditions of this Agreement. I understand and confirm that by signing this Agreement, I have given up considerable future legal rights. I have signed the Agreement freely, voluntarily and under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intentions to execute a complete and unconditional waiver and release of all liability to the full extent of the law. Because of the high-risk nature of this undertaking, the undersigned fully warrants that he/she has knowledge and/or experience in hunting, in the retriever hunting tests or field trials, and in the outdoors. The Released Parties have relied upon this representation in allowing the undersigned to enter the Property. I am eighteen (18) years of age or older and mentally competent to enter into this Agreement. I am the legal guardian of or responsible person for any minors that enter the Property with me.
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 risk of injury, death, property damage, and other loss that my result from agritourism activities.