The individual named below (referred to as “I” or “me”) desires to participate in recreational activities including, but not limited to, on-road and off-road bicycling, hiking, running, horseback riding, camping, swimming and other water or outdoor recreational activities, specifically including spectating at any such activities that I am not actively participating in (whether singular or plural, hereinafter referred to as the “Activities”) at any of the following: (1) Bluff Creek Ranch, located at 537 Owl Creek Rd., Warda, Texas 78960; (2) 4R Ranch, located at 1473 County Road 477, Muenster, Texas 76252; (3) Reveille Peak Ranch, located at 105 County Road 114, Burnet, TX 78611; and (4) the Sacket Family Ranch at 950 County Road 459, Troy Texas 76579 (collectively, the “Ranches”). In consideration of being permitted to visit and utilize the amenities and facilities (including the use of shuttle services provided by the Ranches) and participate in or spectate in the Activities at the Ranches, I agree to all the terms and conditions set forth in this instrument (this “Release”).
I AM AWARE AND UNDERSTAND THAT PARTICIPATING IN OR SPECTATING AT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS PHYSICAL OR EMOTIONAL INJURY, EXPOSURE TO AND/OR ILLNESS FROM INFECTIOUS DISEASES (INCLUDING, BUT NOT LIMITED TO, COVID-19), DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE RANCHES OR THE RELEASED PARTIES (AS DEFINED HEREIN), INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RANCHES. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, EXPOSURE TO AND/OR ILLNESS FROM INFECTIOUS DISEASES (INCLUDING, BUT NOT LIMITED TO, COVID-19), DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RANCHES, THE RELEASED PARTIES OR OTHERWISE.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RANCHES, POWERS BLUFF CREEK RANCH, LLC, FOUR R PARTNERS, LTD., WALT ROPER, WILLIAM C. ROPER, SUZANNE ROPER, NICOLE ROPER, VOL MONTGOMERY, KRISTI MONTGOMERY, PAUL SACKET, TONYA SACKET, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN OR SPECTATING OF THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RANCHES OR ANY RELEASED PARTIES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RANCHES OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE RANCHES AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.
I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RANCHES AND ALL OTHER RELEASED PARTIES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS INCURRED BY THE RANCHES OR ANY OTHER RELEASED PARTIES ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES OR MY PRENSENCE AT THE RANCHES, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE NEGLIGENCE OF THE RANCHES OR THE RELEASED PARTIES.
I understand and acknowledge that although the Ranches may provide shuttle services, the Ranches and the Released Parties are neither common carriers nor in the business of providing transportation services to the public. I further recognize and acknowledge that there are certain risks of physical and emotional injury to vehicle passengers, and I voluntarily agree to assume the full risk of any injuries, damages or loss, that I may sustain as a result of my participation in such shuttle services. I HEREBY RELEASE , forever discharge, and hold harmless the Ranches and Released Parties from any claim based on such SHUTTLE SERVICES or TRANSPORTATION services.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Ranches and Released Parties from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of the Ranches and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Release is binding on and shall inure to the benefit of the Ranches, Released Parties, and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the county where the alleged injury occurred, and I hereby consent to the exclusive jurisdiction of such courts.
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 MAY RESULT FROM AGRITOURISM ACTIVITIES.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RANCHES AND/OR THE RELEASED PARTIES, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE THE REQUIRED EVIDENCE OF MY ASSENT TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.