In consideration of the opportunity to participate, or to have my child or guardian participate (the individual intending to participate is hereinafter referred to as the "Participant") in the recreational programs and activities at 808 LLC, a Missouri limited liability company ("Ranch"), I hereby understand and accept this Participant Agreement ("Agreement") and to the terms hereof as follows:
- PERMITTED ACTIVITIES. I recognize that the Participant, along with other participants, is authorized to engage in the following recreational activities:
- Discharging, handling, and/or using firearms, archery, and/or other weaponry for recreational and educational purposes;
- Driving and/or riding alternative terrain vehicles ("ATVs"), including but not limited to four wheelers, dirt and motor bicycles for recreational use;
- Interacting in any manner with horses, livestock, and other animals, including but not limited to riding and feeding such horses, livestock, and other animals;
- Boating, including canocing and kayaking for education, relaxation, camping, pienicking and nature study;
- Hiking, including rock, tree, and advanced terrain climbing for education, relaxation, camping, pienicking and nature study; and
- Sports, games, competitions, and relays for exercise and recreation
(hereinafter collectively referred to as "Activities" I recognize that only these Activities are authorized by the Ranch. Any and all other conduct either unlisted or listed but not within the purpose for which the Activities are provided is outside the permission granted to the Participant.
- ACKNOWLEDGEMENT. I acknowledge that many of the Activities, including but not limited to discharging, handling and/or using firearms, archery, or other weaponry; riding or driving alternative terrain vehicles ("ATVs"); hiking and climbing; and other similar or related activities are inherently dangerous. As such, I understand that loss or damage to personal property, injuries, and even fatalities are possible. I also recognize that there may be other risks not known to me or to others or not reasonably foreseeable at this time.
- RELEASE AND WAIVER OF LIABILITY. I FOREVER RELEASE AND KNOWINGLY WAIVE ALL LIABILITY, CLAIMS, DAMAGES, DEMANDS, AND CAUSES OF ACTION AGAINST THE RANCH AND ALL OF ITS OWNERS, DIRECTORS, EMPLOYEES, PARTICIPANTS, AND VOLUNTEERS (collectively the "Released Parties") FOR ANY AND ALL INJURIES, LOSS OF LIFE, AND ALL OTHER FORMS OF DAMAGES ARISING OUT OF THE PARTICIPANT'S ATTENDANCEAT THE RANCH.
- ASSUMPTION OF RISK. I fully understand that Activities included within this Agreement not only involve risk of serious injury or death, economic damage or other loss as a result from my own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property. I voluntarily agree to assume this risk.
- INDEMNIFICATION. To the fullest extent permitted under the law, as the Participant or parent/guardian thereof, I agree to indemnify, defend, and hold the Released Parties harmless from any and all loss, claims, suits, causes of action, liability, damages, costs and/or expenses incurred by the Released Parties as a result of the Participant's attendance at the Ranch.
- COVENANT NOT TO SUE. I pledge that I will refrain from instituting or asserting any legal claim, demand, action or suit of whatever kind or nature, either directly or indirectly, for fatality, injury or damage, to person or property, resulting from the Participant's attendance at the Ranch against the Released Parties.
- SAFE OPERATION. I agree that if I operate any firearms, ATVs, or other equipment at the Ranch, I will do so in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual. If at any time I feel that anything is unsafe, I will immediately take all precautions to avoid the unsafe activity and will refuse to participate further.
- COMMUNICATION WITH PARTICIPANT. If the Participant is a minor, as the parent or legal guardian, I agree to discuss with the Participant the inherent dangers of the Activities made available at the Ranch and the importance of engaging in these Activities safely. Iwill also instruct the Participant to exercise extreme caution when operating firearms, ATVs, or other equipment that may endanger persons or property of any individual. Further, I will direct the Participant to immediately inform the Ranch or any of its owners, directors, employees, participants, or volunteers if the Participant ever feels unsafe or in danger in any way.
I HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS ABOVE, INCLUDING, BUT NOT LIMITED TO, THE RELEASE AND WAIVER OF LIABILITY, THE ASSUMPTION OF RISK, AND COVENANT NOT TO SUE.
I affirm that I am at least 18 years of age and, if the Participant is a minor, that I am his or her parent and/or legal guardian. I hereby represent that this Agreement shall continue in full force and effect throughout the Participant's attendance at the Ranch and anytime he or she may return in the future. I further agree that this Agreement shall be governed by the laws of the state of Missouri regardless of other conflict of law principles and, if any portion of this document shall be deemed void or unenforceable, such portion shall be severable and the remaining terms of this contract shall be given their full force and effect.
THIS PARTICIPANT AGREEMENT AFFECTS LEGAL RIGHTS THAT I, OR A MINOR FOR WHOM I AM A PARENT OR LEGAL GUARDIAN TO, MIGHT OTHERWISE HAVE.I SIGN IT BY MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.