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; (4) the Sacket Family Ranch at 950 County Road 459, Troy Texas 76579; (5) 29 Pines, located at CR 2125 Henderson, TX; (6) Brazos River Trails, located at US 59 Frontage Rd. Sugar Land, TX; (7) Erwin Park, located at 4300 County Road 1006, McKinney, TX 75071; and (8) Millican Reserve at 19851 Farm to Market Rd 2154, College Station, TX 77845 (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, ENDEAVOR BRIDGEPORT ADVENTURE PARK, BRIDGEPORT, TX, ERWIN PARK, MCKINNEY, TX, 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, SUGAR LAND, TX, 29 PINES OWNERSHIP, WILL ADAMSON, FBMBA, 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 PRESENCE 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.

APPENDIX A: RANCH RULES

(Applicable to Reveille Peak Ranch and 4R Ranch)

As a Ranch Guest, I have read and agree to abide by the following Ranch Rules. I understand that I may forfeit the opportunity to participate in ranch Activities if I participate or spectate Activities in an unsafe manner or violate these rules. I also understand that the Ranches and Released Parties retain the right to update, change, or amend these rules at any time. It is therefore my responsibility to keep apprised of Ranch Rules and any updates to those rules prior to my participation in any activity.

• All guests participating in racing events must pay fees upon entry. All adults must sign the Release on behalf of themselves and any minors for whom they are a parent or legal guardian.
• Well-behaved dogs are allowed in the camping areas and on trails and must remain on a leash at all times. (Dogs are not allowed at the Sacket Family Ranch at any time.)
• Biking, running, and hiking is permitted on marked trails only. (At Sacket Family Ranch, only registered riders and coaches are allowed to ride on the property or course.)
• All guests participating in horse-riding or bicycling must always wear an ANSI, SNELL, ASTM, or CPSC rated helmet, properly affixed to their head. BY INITIALING BELOW, I ASSUME ALL RESPONSIBILITY AND LIABILITY FOR THE SELECTION AND FIT OF SUCH HELMET. 
• Bikers must stay within their skill level, and ride downhills with precaution.
• Hikers and runners must yield to Bikers.
• Collecting rocks, plants, or animals is strictly prohibited.
• The Ranches reserve the right to ask the Ranch Guest to leave for any reason, at the sole discretion of the Ranch staff.
• Strict noise curfew at 10:00 PM, both music and voices.
• Failure to follow the Ranch Rules and proceeding beyond “Check-In” shall be considered tresspassing. Violations may result in Ranch Guest’s vehicle being towed and Ranch Guest may be prosecuted to the fullest extent of the law.  

Appendix B:

Millican Reserve RELEASE AND INDEMNITY AGREEMENT

(PLEASE READ CAREFULLY)

In consideration for the limited and revocable right to access the land commonly known as “Millican Reserve” in Brazos County, Texas, and any facilities thereon, I hereby freely agree to and make the contractual representations and agreements contained in this document (the “Agreement”). I acknowledge the inherent dangers of participating in outdoor activities including, but not limited to, activities such as bicycling, hiking, running, horseback riding, camping, canoeing, kayaking, nature walks, swimming and participating in any water sport activity. I voluntarily fully assume the risks associated with my presence at Millican Reserve, including (by way of example and not limitation) the following risks: possible collisions with pedestrians, livestock, wildlife, vehicles, bicycles, or other fixed or moving objects; potential surface hazards, equipment failure, inadequate safety equipment, fire, and hazardous weather conditions; contact with biting insects, reptiles, amphibians, fish, and mammals; the dangers of participating in any water or play activity including drowning; and the possibility of serious physical and/or mental trauma including death arising from any of the inherent dangers present
at Millican Reserve.

I fully understand that accidents are not uncommon when participating in outdoor activities. I acknowledge it is impossible for the Millican Reserve, their management, or their staff (together, “Millican”), their “Program Partners” (Millican-approved organizations operating at Millican Reserve), or any other parties affiliated with Millican Reserve to anticipate and prevent all conceivably hazardous situations that can occur while participating in outdoor activities. I understand permanent disabling injuries and even death can occur when participating in such activities. 

I acknowledge that due to the inherent danger related to the outdoor activities to be undertaken at Millican Reserve, Millican cannot and will not guarantee the safety of any person on the property or loss of any personal property. Furthermore, I understand that Millican does not guarantee the safety or quality of the facilities, the safety or quality of the program, or any of the equipment located on the property.

I agree that it is my sole responsibility to be familiar with the conditions of the land and facilities at Millican Reserve, and I accept them in their as-is where-is condition. I understand and agree that situations may arise during participation
in activities at Millican Reserve that may be beyond the immediate control of Millican, and I will not partake in any activities which endanger myself or others. I accept responsibility for the condition and adequacy of my bicycle, horse equipment, camping equipment, or any other equipment I may use at Millican Reserve. When participating in any outdoor activity including, but not limited to, riding a bicycle, riding a horse, canoeing, or kayaking at Millican Reserve, I will wear the proper safety equipment including, but not limited to, a properly rated helmet or life jacket, and I assume all responsibility and liability for the selection and fit of this safety equipment. I confirm that I have no physical or mental condition which would endanger myself or others if I participate in any event at Millican Reserve, or which would interfere with my ability to participate in any activities at Millican Reserve.

I agree I will only enter Millican Reserve with the limited and revocable written permission of Millican or under the supervision of a Program Partner, and I will abide by any rules promulgated by Millican. My access to Millican Reserve is limited to the times and areas specifically permitted by separate written agreement with Millican or Program Partners.

I UNDERSTAND THAT BY PARTICIPATING IN ACTIVITIES AT MILLICAN RESERVE THAT I TAKE FULL RESPONSIBILITY FOR MYSELF. AS SUCH, I HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE, INDEMNIFY, AGREE TO HOLD HARMLESS, AND
DISCHARGE FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, ASSIGNS AND SUCCESSORS IN INTEREST ANY AND ALL RIGHTS AND CLAIMS WHICH I HAVE OR WHICH MAY HEREAFTER ACCRUE TO ME
AGAINST MILLICAN, ANY OF ITS EMPLOYEES, DESIGNATES OR HEIRS AND ANY PROPERTY OWNERS, THROUGH OR BY WHICH THE ACTIVITIES WILL BE HELD FOR ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, SICKNESS OR DISEASE
(INCLUDING BUT NOT LIMITED TO COVID-19 OR OTHER SICKNESS ASSOCIATED WITH ANY PANDEMICS), INJURIES (INCLUDING DEATH), OR DAMAGES, INCLUDING COURT COSTS AND ATTORNEY’S FEES AND EXPENSES, WHICH MAY OCCUR TO MYSELF, MY GUESTS, OTHER PARTICIPANTS, AND THIRD-PERSONS AS A RESULT OF MY PARTICIPATION AND CONDUCT IN AN ACTIVITY AT MILLICAN RESERVE, WHILE TRAVELING TO AND FROM MILLICAN RESERVE, OR WHILE ON THE PREMISES OWNED, LEASED, OR CONTROLLED BY MILLICAN, INCLUDING INJURIES SUSTAINED AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, NEGLIGENCE PER SE, STATUTORY FAULT,OR STRICT LIABILITY OF MILLICAN.

Unfortunately, we live in a world where pandemics are a real threat. COVID-19 is an extremely dangerous virus and can lead to severe illness, injury and death. I acknowledge that the facilities located within Millican Reserve are not maintained, cleaned or sanitized in a way to control the spread of the COVID-19 virus and other viruses or disease and the use of the facilities located within Millican Reserve could increase the risk of contracting COVID-19 and other viruses or disease. I further acknowledge that I and all members of my household will follow any and all guidelines issued by the Centers for Disease Control and Prevention, federal, state or local governments or authorities concerning the use of the facilities located within Millican Reserve and limiting the spread of the COVID-19 virus and other viruses or disease. This includes, but is not limited to: adhering to capacity limitations; washing and disinfecting hands; limitations on parties or gatherings; not entering Millican Reserve after being in close contact with a person who is lab confirmed to have the COVID-19 virus or other viruses or disease, or if exhibiting
any of the following symptoms: cough, shortness of breath, chills, muscle pain, headache, sore throat, loss of taste or smell, diarrhea, fever or other symptoms of illness; maintaining at least six (6’) feet between people who are not a part of the same household; and wearing a facemask if required. I acknowledge and agree that the release, indemnification and waiver provisions contained herein also include claims relating in any manner to the COVID-19 virus and other viruses or disease whatsoever whether or not associated with a pandemic.

My signature on this document indicates that I understand my need to have a comprehensive health, accident, and disability insurance plan that will pay for my complete care in the event I am injured or disabled while at Millican Reserve. Furthermore, I fully understand that neither Millican nor its affiliates maintain an insurance policy on my behalf nor will they provide insurance covering any circumstance arising from my access to Millican Reserve or my participation in an
activity at Millican Reserve.

I understand Millican and its affiliates cannot be expected to anticipate or control all of the risks associated with the outdoor activity at Millican Reserve and may need to respond to emergency situations including but not limited to serious injury.
I hereby give my consent to receive medical treatment, as determined by Millican, a Program Partner, other affiliates, or medical professional, during or resulting from my participation in an activity at Millican Reserve. I, my heirs, executors,
administrators, legal representatives, assigns and successors in interest understand that the cost of any treatment will be my sole responsibility and agree to indemnify and hold harmless Millican and its affiliates for any costs incurred to treat me.

I grant permission to Millican and its affiliates to take and use photographs/digital images, videotape, and/or audio recording or quoted remarks of me while at Millican Reserve. I agree to my image, voice and likeness being used in promotional or educational materials. These materials might include printed or electronic publications, websites or other electronic communications. I acknowledge that the picture or recording taken for this project becomes the sole and exclusive property
of Millican. I hereby irrevocably consent to the unlimited use by Millican of my photograph and all likenesses, photographs and reproductions of my face and/or body in any form, together with all accompanying sound recordings,
without limitation regarding the territorial, time or factual range of use. I release Millican from any and all liability arising out of the use of my video reproductions and sound recordings, including without limitation any claims arising out of my
right of privacy or right of publicity and any claims based on any distortions, optical illusions or faculty mechanical reproductions of any such images. No compensation will be paid for this use.

I agree that Millican may use my email address provided herein to send me information periodically as long as I may remove my name from the email distribution list at any time. Millican may provide my email address to Program Partners, but I do not authorize Millican to release my email addressto any third-party not affiliated with Millican or its Program Partners.

I acknowledge and represent that I have read, understand, fully consent to, agree with all of the preceding warnings and information, and voluntarily accept all terms and restrictions contained in this Agreement. Furthermore, I agree for myself and my successors, that the representations contained herein are contractually binding and are not mere recitals. I acknowledge that I have not relied on any oral representations or statements from Millican nor any Program Partner apart
from the terms contained in this Agreement.

It is my express intent that this Agreement shall bind the members of my family and my spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be governed by the laws of the State of Texas.

This Agreement may not be modified orally and a waiver of any provision shall not be construed as a modification of any other provision herein or as consent to any other provision herein or as consent to any subsequent waiver or modification.
Please consult an attorney if you have any questions or concerns regarding this Agreement including but not limited to the ramifications of executing this document.