I, the undersigned, on behalf of myself and my heirs, executors, personal representatives, administrators, successors and assigns, or, in the alternative, as a parent or guardian on behalf of the minor child identified on the last page of this document, and such minor’s heirs, executors, guardian personal representatives, administrators, successors and assigns (hereinafter referred to collectively as “Participant”), for and in consideration of the opportunities and enjoyment provided by Hutch Farms Boerne LLC, a Texas limited liability company (“Hutch Farms”) at the property leased by Hutch Farms from Amy Hutchinson (“Owner,” and together with Hutch Farms, the “Released Parties”) at 308 Skyview Dr., Boerne, Texas 78006 (the “Farm”), including the permission to be on the Farm, and being permitted to participate in any and all recreational, animal husbandry, agricultural and agritourism activities while at the Farm or elsewhere, being a participant in any other recreational activity including but not limited to:
- Participation in outdoor activities involving exposure to animals, and potentially poisonous plants, reptiles, and insects, and exposure to inclement weather such as hot sun, heavy rain, ice, snow, possible lightning, thunder, and strong winds;
- Participation in the care, feeding, handling, and grooming of farm animals;
- The use of swings, cables, ropes, archery pieces and other types of equipment;
- Movement along trails and other parts of unimproved farmland;
- Participation in Activities in, on or near water.
- The use of farm tools and equipment, including those used for building and crafting;
- Engaging in primitive fire building; and
- Working with others in the outdoors and in close proximity as part of a group activity.
(hereinafter referred to collectively as “Activities;” all of the foregoing Activities by way of example and not by way of limitation), the receipt and sufficiency whereof is all hereby acknowledged, do hereby freely and voluntarily agree and consent to the following:
Certification of Review of Release: By signing this Release, the undersigned Participant acknowledges he/she has read this Release and has asked any questions he/she may have and that by signing this Release he/she is certifying that he/she understands and agrees to the terms and conditions of this Release.
Warning of Dangerous Condition on the Farm: The Participant acknowledges and understands that the Released Parties make no warranties, either express or implied, as to the condition and/or safety of the Farm and the improvements located thereon located in Kendall County, Texas. Further, the Participant agrees that the dangerous conditions listed below serve to warn him/her and make him/her aware, appreciate and understand that dangerous conditions, risks and hazards exist, both obvious and latent, both natural and man-made, that can cause serious bodily injury or death and damage or destruction to personal property. Participant agrees that his/her presence on the Farm exposes him/her and his/her personal property to these dangerous conditions, risks, and hazards, both obvious and latent and both natural and man-made, including, but not limited to poisonous snakes, insects and spiders; eroded areas, holes, steep inclines, sharp and jagged rocks located both on and off roadways and trails that create rough, hazardous and dangerous walking/hiking conditions; animals both wild and domestic that maybe diseased and/or possessed with properties to injure or kill; rushing and still water will perils both above and beneath the surface; and trees and tree limbs, both dead and alive and which may fall unexpectedly without warning.
Release and Waiver from Liability: In consideration of being permitted to visit the Farm, or otherwise participate in Activities, and in further consideration of being permitted to participate in any capacity in Activities while at the Farm, as set forth above, Participant, by execution of this Release, does hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, the Released Parties, all owners of the Farm, its members, owners, lessees, lessors, officers, employees, directors, volunteers, the owners, lessors, and lessees of horses participating in the Activities (whether ridden by Participant or third parties), and all owners, lessors and lessees participating in the Activities including, but not limited to, owners, lessors or lessees of horses Participant may ride, for any and all damage, liability and claims of every nature, whether in tort, contract or by statute, including, but not limited to, any claim for personal injury, death, or injury to or loss of personal property, whether arising from the Activities, or from, but not limited to, control or supervision of spectators, providing or failing to provide ambulance service, medical care, nursing care, paramedic care, basic life support care, emergency trauma care, advanced life support care, first aid, emergency communication, emergency transportation, or design, maintenance or repair of any facility or anything or any other act caused by the Released Parties or otherwise while Participant is in or upon the Farm or elsewhere. All personal property kept, placed or left on or about the Farm shall be Participant's sole risk as to loss, theft, injury or damage and the Released Parties shall have no responsibility for such loss, theft or damage to any such personal property.
Acknowledgment and Assumption of Risks: Participant hereby acknowledges that he/she has full and complete notice and is aware that many injuries, including property damage, personal injury, severe bodily injury or even death (hereinafter referred to collectively as “Injuries”; all of the foregoing Injuries by way of example and not by way of limitation), can occur (and have occurred) when participating in the Activities, which Injuries may even be caused by other Participants, riders or their horses, even though there is no wrongful or negligent conduct on anyone’s part. Participant is also aware that the Activities, in general, are inherently dangerous, regardless of all feasible safety measures that can be taken, and of the numerous risks involved in the Activities, which may result in Injuries to Participant, including, but not limited to: (i) the propensity of an equine (which includes a horse, pony, mule, donkey or hinny, hereinafter collectively referred to as “Equine”) to behave in dangerous ways, irrespective of such Equine’s previous behavior or characteristics, that may result in Injuries to Participant, (ii) the inability to predict or foresee an Equine’s reaction to sound, movements, weather, objects, persons, or animals and the effects of such reactions, (iii) the hazards of surface or subsurface conditions, including, but not limited to, objects or conditions on, or under, or protruding from the surface, both latent and patent, and (iv) the actions of other participants, including the potential of another participant to act in a negligent manner that may result in or contribute to Injuries to Participant, such as but not limited to, a rider or participant failing to maintain control of the Equine or failing to act within his ability .Participant also understands that equipment may become faulty or break, causing Injuries. Although Participant fully understands the foregoing, Participant nevertheless freely, voluntarily and gladly assumes all risks, dangers and hazards of the Activities even though the Activities may result in Injuries.
Furthermore, Participant declares he or she is aware of State v. Shumake, 131 S.W. 3d 66 (Tex. App. – Austin 2003), affirmed, 2006 WL 17; 16304 (Tex. 2006), decided by the Texas Supreme Court in 2006. In that case, the landowner’s failure to warn of an extremely dangerous man-made condition may give rise to a cause of action for gross negligence. Participant hereby agrees and declares that this Release in its entirety and the “Warning of Dangerous Conditions on the Farm” stated earlier herein, serves to warn him/her of any actual and/or potentially dangerous natural or man-made conditions that he/she may reasonably encounter on the Farm that may cause serious bodily harm or death or cause damage to or destruction to personal property. Participant hereby states that he/she is aware of the dangerous conditions, risks and hazards mentioned herein and that he/she: (1) understands and appreciates the nature and extent of the risks and dangers of being exposed to those and other associated dangerous conditions and (2) voluntarily, expressly and knowingly consent to exposing himself/herself and their personal property to those and other associated dangerous conditions.
Range of Ability: Participant understands that he/she assumes sole individual responsibility for knowing the range of his/her own ability and physical fitness to engage in Activities, including his/ her ability to manage, care for, and control a particular Equine or farm animal, perform a particular Equine or farm animal activity, act within the limits of his or her own ability, maintain reasonable control of the particular Equine or Farm animal at all times while participating in the Activities, perform Activities only in the appropriate areas, and refrain from acting in a manner that may cause or contribute to the Injuries of anyone. Participant also acknowledges that each of the Released Parties has made a reasonable and prudent effort to determine Participant’s ability to (a) engage safely in the Activities and (b) to manage safely the particular Equine based on the representations Participant has made to the Released Parties of his or her ability.
Authorization for Medical Treatment: Participant hereby authorizes any emergency medical care that may at the time appear reasonably appropriate under the circumstances as a result of Injuries caused to or incurred by Participant while participating in the Activities. Participant further warrants he/she has appropriate insurance or, in its absence, agrees to pay all costs for medical care that may be incurred on Participant’s behalf.
Hold Harmless: Participant hereby agrees to INDEMNIFY, REIMBURSE, SAVE AND HOLD HARMLESS the Released Parties from any loss, liability, damage, cost or expense, including reasonable attorney's fees, the Released Parties may incur relating to Participant's, or the Minor on whose behalf the adult Participant is executing this document, the presence of Participant's employees, agents or invitees in or upon the Farm or elsewhere of the Released Parties or the defense of any action brought by any Participant, his or her heirs, executors, guardian personal representatives, administrators, successors and assigns against the Released Parties arising from the Activities.
Damage and Cost of Enforcement: Participant hereby agrees to be responsible for all damage caused by him/her, anyone utilizing the premises with the consent of or at Participant's request, and anyone on whose behalf Participant is executing this Agreement. Participant further agrees to be liable for all of the Released Parties’ reasonable attorney's fees and other costs resulting from Participant's and each person on whose behalf Participant is executing this Agreement breach of any provision of this Release. Participant further expressly agrees that the foregoing release, waiver and indemnity provisions are intended to be as broad and inclusive as is permitted by law.
Choice of Law and Venue: Participant agrees that this Release shall be governed by and construed in accordance with the laws of the State of Texas, including the Texas Civil Practice and Remedies Code, Chapter 87, “Liability Arising from Farm Animal Activities or Livestock Shows” and Texas Civil Practice and Remedies Code, Chapter 75, “Limitation of Landowners’ Liability.” In the event any action, suit or proceeding is instituted as a result of any matter or thing affecting this Release, the parties hereto hereby agree to designate the courts of Kendall County, in the State of Texas, or the U.S. District Court for the Western District of Texas – San Antonio Division, as the jurisdictions and the venues in which the same may be instituted. The parties hereto hereby accept the exclusive jurisdiction of those courts for the purpose of any such suit, action or proceeding. THE PARTIES HEREBY MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH ANY PARTY MAY HAVE TO REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JURISDICTION.
Media Release: I understand photos and videos may be taken for the purposes of marketing and publicizing the programs and services and I give my permission for myself/ my child to be included in said photos and videos without compensation or complaint.
Miscellaneous: Whenever the singular is used in this Release and when required by the context, the same shall include the plural and vice-versa. Whenever, the masculine gender is used in this Release and when required by the context, the same shall include the feminine and neuter genders. Wherever possible, each provision of this Release shall be interpreted in a manner so as to be effective and valid under applicable law but, if any provision of this Release shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions of this Release. If any part of any covenant or other provision in this Release is determined by a court of law to be overly broad thereby making the covenant unenforceable, the parties hereto agree, and it is their desire, that the court shall substitute a judicially enforceable limitation in its place, and that as so modified the covenant shall be binding upon the parties as if originally set forth herein.
Having read the foregoing, the undersigned acknowledges his/her understanding of those risks set forth herein and knowingly agrees to accept full responsibility for Participant's exposure to such risks. The undersigned further acknowledges a full and complete understanding of the limitations of liabilities and of the waiver of certain rights that Participant may have by the granting of the releases contained herein and knowingly consents thereto. The undersigned further acknowledges, if signing as parent or guardian on behalf of a minor Participant, that he/she has full and complete authority to execute this Release on such minor Participant’s behalf and that both the undersigned and the minor Participant shall be bound by the terms and conditions hereof.
I understand and agree that: (i) that this Waiver, Release and Assumption of Risk gives up important legal rights; (ii) I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iii) the signature below is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.