In consideration for participating in the Rough Rider Roundup and other valuable consideration, I hereby release, waive, discharge and covenant not to sue Kathy L. O’Donnell and/or Jim Cooke, Roughout Ranch (RR), Roughout Ranch Foundation Inc (RRFI), and/or Rough Rider Roundup (RRR), their officers, boards, committees, servants, agents, employees, members, volunteers, sponsors, partners, affiliates, and their heirs, assigns and personal representatives (hereinafter referred to as Releasees) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me or my child, or to any property belonging to me or my child, whether caused by the negligence of the releasees or, or otherwise, while participating in such activity or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises.
To the best of my knowledge, myself, my family and/or my child can fully participate in this activity. I/we are fully aware of the inherent risks and hazards to all persons participating in, volunteering with, or viewing this activity, including all events and activities, and I/we choose to voluntarily participate in said activity, and to enter the premises and engage in such activity knowing that the activity may be hazardous to me and my property. I/we voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, my family or my child or any loss or damage of property owned by me, my family or my child, as a result of being engaged in such an activity, whether caused by the negligence of releasees or otherwise.
I/we further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage or costs, including court costs and attorney's fees, that may incur due to my, my family or my child's participation in said activity, whether caused by negligence of releasees or otherwise.
I/we understand that Releasees may or may not maintain any insurance policy covering any circumstance arising from my, my family or my child's participation in this activity or any event related to that participation. As such, I/we are aware that we should review our personal insurance. RR/RRR may not carry general liability insurance to cover claims arising from this activity, so it seeks a waiver of claims as additional consideration for the right to participate so RR/RRR can (a) provide the activity at the lowest possible cost to participants; and (b) provide access to a greater number of participants by expending limited resources on program materials rather than on liability insurance.
It is my expressed intent that this Release and Hold Harmless Agreement shall bind the members of my family, if I am alive, and my heirs, assigns and personal representative, if I am not alive shall be deemed as a Release, Waiver, Discharge and Covenant not to sue the above named Releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California.
I/we understand that RR/RRR/RRFI, and other Releasees will not be responsible for any medical costs associated with an injury I or my child may sustain.
In signing this release, I/we acknowledge and represent that I/we have read it, understand it and sign it voluntarily at my own free act and deed; no oral representations, statements or inducements, part from the foregoing written agreement have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release on behalf of myself and my family members for full, adequate and complete consideration fully intending to be bound by same.