Freedom Reigns Ranch - 1725 Barker Road, Thompsons Station, TN 37179 Waiver Addendum and Extension, Page 2B, 2C, 2D; created 5/2018
High Places/Tree Deck “Tree House”
I understand that there are places on “the Ranch” that include the risk of falling which may include injury or death.
IN CONSIDERATION OF BEING ALLOWED TO ENJOY ONE OR MORE OF THE TREE HOUSES AND SURROUNDING PROPERTY (THE “RANCH”) OPERATED BY THE FREEDOM REIGNS RANCH DESCRIBED HEREIN AND IN CONSIDERATION OF THE BENEFITS TO BE DERIVED THEREFROM, I HEREBY RELEASE FREEDOM REIGNS RANCH AND THE LANNING FAMILY AND THEIR PRESENT AND FORMER ELDERS, TRUSTEES, OFFICERS, DIRECTORS, ASSOCIATE DIRECTORS, LEADERS, EMPLOYEES AND THEIR HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS, AND ASSIGNS FROM ALL CLAIMS AND LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHICH ARISE FROM OR ARE CONNECTED IN ANY WAY WITH MY USE OF THE PROPERTY, OR THE USE OF THE PROPERTY BY ANY MEMBER OF MY FAMILY, INCLUDING MY SPOUSE AND CHILDREN. I RECOGNIZE THAT THE CONDITIONS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE TREE HOUSES, MAY BE INHERENTLY DANGEROUS AND MAY REQUIRE A CERTAIN LEVEL OF PHYSICAL STRENGTH AND DEXTERITY TO NAVIGATE. I AND MY FAMILY HAVE ASKED TO USE THE PROPERTY AND DO SO ENTIRELY AT OUR OWN RISK. I CERTIFY THAT I AND MY FAMILY ARE IN GOOD HEALTH, AND ARE PHYSICALLY AND MENTALLY CAPABLE OF USING AND ENJOYING THE PROPERTY, AND SPECIFICALLY CLIMBING A LADDER AND MAINTAINING PROPER BALANCE. I CERTIFY THAT I AM OF LAWFUL AGE AND COMPETENT TO SIGN THIS RELEASE, AND HAVE DONE SO VOLUNTARILY. I UNDERSTAND THAT THIS DOCUMENT CONSTITUTES A FULL AND COMPLETE WAIVER OF ALL POSSIBLE CLAIMS FOR ANY ACT OR OMISSION, INCLUDING CLAIMS FOR NEGLIGENCE OR BREACH OF WARRANTY REGARDING INJURY OR PROPERTY DAMAGES, ARISING OUT OF MY, MY SPOUSE, OR ANY CHILD OF MINE’S USE OF THE PROPERTY. I UNDERSTAND THAT THIS RELEASE APPLIES TO, COVERS, AND INCLUDES UNKNOWN, UNFORESEEN, UNANTICIPATED, AND UNSUSPECTED DAMAGES, LOSSES, OR LIABILITIES AND THE CONSEQUENCES THEREOF, WHICH RESULT FROM THE MATTERS HEREINBEFORE INFERRED TO AS WELL AS THOSE NOW DISCLOSED AND KNOWN TO EXIST. THE PROVISIONS OF ANY STATE, FEDERAL, LOCAL, TERRITORIAL LAW OR STATUTE PROVIDING IN SUBSTANCE THAT RELEASES SHALL NOT EXTEND TO CLAIMS OR DAMAGES WHICH ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE TIME ARE HEREBY EXPRESSLY WAIVED BY ME. I ACKNOWLEDGE THAT AT NO TIME DURING MY USE OF THE PROPERTY WILL ANY ACTIVITY OR CIRCUMSTANCE ASSOCIATED THEREWITH MAKE ME AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF FREEDOM REIGNS RANCH or THE LANNING FAMILY.
Dock, Pond, and Paddle Boat
I understand that there are places on “the Ranch” that include the risk of drowning which may include injury or death.
THIS LIABILITY WAIVER AND RELEASE (“Agreement”) is dated as today (Registration Date) and is by and between Freedom Reigns Ranch (“the Ranch”) and myself (and if such person is a minor, his/her parent or guardian who along with the participant are collectively referred to as “User”). For purposes of this Agreement, “Management” means Freedom Reigns Ranch, The Lanning Family and any and all related entities, managers, team members, governors, employees, independent contractors, coaches, instructors, agents, other participants,
sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the premises or facilities used to conduct the event.
For consideration received, and in return for the use, today and on all future dates of the programs, activities, services, events, property and facilities provided by Management (the activities”), User and User’s heirs, assigns and representatives hereby agree as follows:
User acknowledges there are inherent risks associated with participating in the Activities such as those described below, and hereby expressly assumes all risks, known and unknown, however caused and whether caused in whole or in part by the action, inaction or negligence of Management. Some of the inherent risks include, but are not limited to, injury, harm or death to User or persons around User, not only from User’s own actions, inactions or negligence, but as a result of actions, inactions or negligence of others; the condition of the premises or any equipment used; certain hazards such as surface and subsurface conditions; collisions with other participants; the availability of emergency medical care; and the potential of other participants to act in a negligent manner.
User assumes all risks in connection with the Activities, accepts personal responsibility for any damages following any injury, permanent disability or death and expressly waives any claims for any injury or loss arising therefrom. User assumes any and all risks involved in or arising out of User’s use of any equipment or facilities relating to the Activities. User agrees to abide by and follow Management’s rules and regulations which shall be provided and/or available from time to time.
USER EXPRESSLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE MANAGEMENT FOR ANY AND ALL CLAIMS, DEMANDS OR DAMAGES RELATING TO ANY PROPERTY DAMAGE, INJURY, PERMANENT DISABILITY, DEATH OR OTHER DAMAGE OF ANY KIND, EVEN IF CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF MANAGEMENT OR OTHERWISE. USER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGEMENT AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH USER’S PARTICIPATION IN THE ACTIVITIES OR USE OF OR PRESENCE UPON ANY PROPERTY OR FACILITY USED AS PART OF THE ACTIVITIES.
User further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by International Law and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect. User waives the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
Any action brought under this Agreement shall be brought within one year of the incident or accident giving rise to said claim. This Agreement shall be governed by the laws of the United States of America and any claim shall be brought in the courts having proper jurisdiction in the United States.
Weather conditions that may change quickly, including but not limited to wind, rain, snow, lightning and excessive heat and sun;
Water conditions that may change quickly, including waves, currents, boat wakes, tides, whirlpools and cold water temperatures, exposure or overexposure to cold (Hypothermia) or heat;
Damage, injury or death as a result of contact with aquatic or land animals, fish, birds, or reptiles, either on land or on water, including but not limited to areas in and around Company’s premises or staging areas;
Damage, injury or death as a result of traversing in or around Company’s premises or staging areas, including but not limited to docks, ladders, equipment on the premises, mud, steep slopes, rocks;
Injury or death as a result of ingesting contaminated fresh water, drink, or food;
Personal injury, death or property damage due to collision with or non-motorized vessels, being hit with vessel equipment, or while launching and landing on shore whether on land or dock or as a result of collision with natural or manmade debris;
Muscular or skeletal injury, strain, or damage due to physical exertion, especially, but not limited to, my head, wrists, arms, shoulders, legs, and back;
Lack of available life-saving devices or services, or immediate medical attention, in the case of injury;
Injury or death as a result of lack of physical conditioning, existing diseases, conditions, or ailments, and my own acts or omissions, including my lack of boating knowledge, experience, or expertise;
Injury or death as a result of being entrapped in a Vessel or falling out of a Vessel;
Injury or death as a result of falling, capsizing or being flipped or ejected into the water either intentionally or unintentionally, including while exiting or entering the Vessel;
My own or other participants’ attempts to exceed my or their boating skills and/or using a vessel in a reckless manner;
Failing to properly wear a personal floatation device; NOTE: flotation devices must be worn by all occupants at all times while in or on water
Failing to understand basic or other instructions provided by Company, its agents, guides, or employees;
Vehicular or pedestrian accident while being transported to or walking to or from Company’s premises or staging areas, including transportation to and from the Vessel or to and from the Company’s facilities or premises ;
Inadequate repair or maintenance of Company facilities and equipment; and
Error, inattention or negligence on the part of Company, its officers, agents, guides, and employees, including inadequate instruction or assistance.
USER HAS READ THIS LIABILITY WAIVER AND RELEASE, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO USER AND INTENDS HIS/HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.