I (we) hereby acknowledge that I (we) have knowingly and willingly entered a Recreational Lease Agreement, or become a party bound by the terms and conditions of a Recreational Lease Agreement by and between the Ann H. Slattery Trust, and the Chantal & Sofia Ann Slattery Trust (hereinafter referred to as the Lessor, whether one or more), and Mater Dei Catholic Parish.

     I (we) acknowledge and understand the Lessor makes no warranties, either express or implied, as to the condition and/or safety of the recreational lease and the improvements located thereon (hereinafter collectively referred to as the leased premises) located at Stafford’s Meadow Farm in Anderson County, Texas.

Warning of the Dangerous Conditions on Leased Premises

     The dangerous conditions listed below serve to warn me (us) and make me (us) 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 of my (our) personal property. My (our) presence and activities on the leased premises expose both me (us) and my (our) 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; elevated blinds and tree stands, whether or not erected by Lessor; eroded areas, holes, uncovered wells, steep inclines, sharp and jagged rocks located both on and off roadways and trails that create rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that may be diseased and/or possessed with propensities to injure or kill; rushing and still water with perils lurking above and beneath the surface; trees and tree limbs, both dead and alive, that may fall unexpectedly without warning; persons with firearms and other lethal weapons both on or off the leased premises; the presence of bare electrical wires to restrain livestock; and the use of vehicles, boats and ATVs both on and off roadways, waterways, ponds and lakes.

Waiver and Release of Claims

     In consideration for the right to enter the leased premises, I (we) hereby waive and release all claims and agree to indemnify, defend and hold harmless the Lessor named above, his or her (or the) respective owners, heirs, agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including, but not limited to, court costs, judgments and attorneys’ fees resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of or my (our) exposure to the conditions of the leased premises or the Lessor’s active or passive negligent conduct thereon. These include, among other things, injury or death to the undersigned and damage or destruction of the undersigned’s personal property.

     Also, I (we) hereby further covenant and agree that I (we), my (our) heirs, successors and assigns will not make any claim or institute any suit or action at law or in equity against the Lessor named above or his or her (or the) respective owners, heirs, agents, representatives, employees, successors or assigns by reason of the Lessor’s active or passive negligent conduct or by reason of the condition(s) of the leased premises, whether natural or man-made and whether the condition is caused by the Lessor’s active or passive negligence.

ASSUMPTION OF THE RISK

     Furthermore, I (we) declare I (we) are 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.

     I (we) hereby agree and declare that the “Warning of Dangerous Conditions on Leased Premises” stated earlier serves to warn me (us) of any actual and/or potentially dangerous natural or man-made condition(s) that I (we) may reasonably expect to encounter on the leased premises that may cause serious bodily harm or death or cause damage to or destruction of my (our) personal property.

     I (we) hereby state that I am (we are) aware of the dangerous conditions, risks and hazards mentioned earlier and that I (we):

     (1) understand and appreciate 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 myself (ourselves) and my (our) personal property to those and other associated dangerous conditions.

By affixing my (our) signature(s) below, I (we) knowingly and expressly ASSUME THE RISK of my (our) exposure to the dangerous conditions, risks and hazards expressed above. This assumption of the risk may be used by the Lessor as a defense in a court of law as outlined by the Texas Supreme Court in Farley v. M.M. Cattle Co., 529 SW 2d 751, against any allegations either for negligence or gross negligence for failing to warn me (us) of any dangerous natural or man-made conditions that I am (we are) apt to encounter expectedly or unexpectedly on the leased premises. This assumption of the risk does not extend to Lessor’s reckless or intentional conduct.

The Severability Clause

If any term, provision, covenant, release, assumption or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Length of Agreement

This Release and Assumption of the Risk Form applies during the time that I am (we are) permitted on the leased premises, now and in the future, and until this agreement is revoked in writing.

List of Recent Accidents and Incidents Occurring on the Leased Premises

According to Texas Case law, the Lessor needs to warn hunters and guests of accidents and incidents occurring on the leased premises that may influence their decision to enter. The following is a list of all accidents and incidences that involved injury or death to a hunter or guest or to the damage or destruction of his or her personal property. The list covers all accidents and incidences occurring during the past two years.
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