RELEASE OF LIABILITY, INDEMNIFICATION AND ASSUMPTION OF THE RISK
This Release of Liability, Indemnification and Assumption of the Risk (the "Release") is hereby made and entered into by {guestsPrinted} in favor of and for the benefit of RANCHO made and entered into by KAUYUMARI, LLC (hereinafter sometimes referred to as "Landowner" I agree to abide by the terms and conditions of this Release. I acknowledge and understand that Landowner makes no warranties, either express or implied, as to the condition and/or safety of the hunting lands and the improvements located thereon (hereinafter collectively referred to as the "Ranch") located in Zavala County, Texas.
A. Warning of Dangerous Conditions on the Ranch
The dangerous conditions listed below serve to warn me and make me 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 personal property. My presence and activities on the Ranch expose both me and my personal property to these dangerous conditions, risks and hazards, both obvious and latent and both natural and man-made, including, but not limited to, venomous snakes, insects and spiders; elevated blinds and tree stands, whether or not erected by Landowner; 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, feral and domestic that maybe diseased and/or possessed with propensities to injure or kill; rushing and still water with perils lurking above and beneath the surface; persons with firearms and other lethal weapons both on or off the Ranch; 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.
B. Waiver, Indemnification and Release of Claims
I, the undersigned, along with my immediate family, heirs, executors and administrators, for and in consideration of having been permitted to guide the hunting of game on the Ranch, do hereby RELEASE, WAIVE and FOREVER DISCHARGE Landowner, its employees and agents, trustees, families, successors and assigns, of and from all rights, claims, demands, debts and other liabilities, obligations, suits, damages and causes of action of any kind whatsoever, at law or in equity, known or unknown, arising before, on or after the date of this Release, which I may now have or may ever have, in the future against Landowner, arising directly or indirectly from my participation in any activities on the Ranch, irrespective of whether such claims, demands, debts and other liabilities, obligations, suits, damages and causes of action are due to the negligence, negligence per se, strict liability or other act, fault or omission of the Landowner, or the concurrent contributing negligence, negligence per se, strict liability, or fault of Landowner. I expressly assume full responsibility for all losses, damages or claims for injury to myself and my immediate family members.
Also, I hereby further covenant and agree that I, my heirs, executors, administrators, successors and assigns will not make any claim or institute any suit or action of law or in equity against Landowner or its respective owners, trustees, agents, representatives, employees, successors or assigns by reason of Landowner's active or passive negligent conduct or by reason of the condition(s) of the Ranch, whether natural or man-made and whether the condition is caused by the Landowner's active or passive negligence.
I SHALL BE LIABLE AND RESPONSIBLE FOR, AND SHALL INDEMNIFY SAVE, DEFEND LANDOWNER, ITS EMPLOYEES AND AGENTS, FAMILIES, TRUSTEES, SUCCESSORS AND ASSIGNS, AND HOLD THEM HARMLESS FROM ANY CLAIM, DEMAND, LIABILITY OR CAUSE OF ACTION ARISING OUT OF MY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENCE PER SE, STRICT LIABILITY OR ANY OTHER ACTS, OMISSIONS OR ERRORS WHILE ON THE RANCH OR GOING TO AND FROM THE RANCH OR WHICH MAY ARISE OUT OF MY USE OF ANY FIREARM, EQUIPMENT, VEHICLE, UTENSIL, HUNTING OR FISHING PARAPHERNALIA OR MY CONSUMPTION OF ANY FOOD, DRINK OR ALCOHOLIC BEVERAGE.
C. Assumption of the Risk
Furthermore, I declare that the "Warning of Dangerous Conditions on the Ranch" stated earlier serves to warn me of any actual and/or potential dangerous natural or man-made condition(s) that I may reasonably expect to encounter on the Ranch that may cause serious bodily harm or death or cause damage to or destruction of my personal property. I hereby state that I am aware of the dangerous conditions, risks and hazards mentioned earlier and that I:
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. Voluntary, expressly and knowingly consent to exposing myself and my personal property to those and other associated dangerous conditions.
I knowingly and expressly ASSUME THE RISK of my exposure to the dangerous conditions, risks and hazards expressed above. This assumption of the risk may be used by the Landowner 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 of any dangerous natural or man-made conditions that I am apt to encounter expectedly or unexpectedly on the Ranch. This assumption of the risk does not extend to Landowner's reckless or intentional conduct.
I further agree to the following and I certify that the following are true and correct:
1. Prior to entry upon Landowner's property, I shall make myself fully aware of all game laws, rules and regulations of the State of Texas and the particular game laws, rules and regulations of Zavala County, Texas and the U.S. Government. Prior to entry upon the Ranch, I shall obtain all permits and/or hunting licenses required by law or regulation as a prerequisite to hunting on the Ranch.
2. Landowner has not provided me any firearm or hunting equipment. I have or will provide my own firearm and equipment.
3. I have seen and examined the deer blinds situated on the Ranch that are available for my use. I accept the condition of the deer blinds and I shall be solely responsible for any loss or injury that might be incurred by me or my property as a result of my acts, errors and/or omissions during my use and/or occupancy of the deer blinds.
4. I am familiar with firearms in general and I am familiar with my firearms in particular. I am fully responsible and liable for any injury to persons or property as a result of the use or misuse of any firearm by me or the person who might use my firearm.
5. I am an experienced hunter. I am an experienced and qualified hunting guide. I have experience in hunting and guiding hunts for the type of game typically found on the Ranch. I fully appreciate the high risks of hunting game in South Texas and I assume such risks. I am an independent contractor and not an employee of the Ranch or Landowner.
6. I am aware that the Ranch is located in a remote area of South Texas and that medical treatment and facilities are not readily accessible and that in the event of injury or illness, I will not have any medical or professional care on Landowner's property and would have to transport myself or find someone to transport me to the nearest physician, hospital or clinic. If I am on medication or if I need medication, Landowner shall not be responsible for providing medication or transportation to get medication. Also, Landowner is not responsible for transporting me to a physician, hospital, clinic or pharmacy that might provide me with medicine or treatment.
D. Severability Clause
If any term, provision, covenant, release, assumption or condition of this Release 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.
E. Length of Release
This Release and Assumption of the Risk Form applies during the time that I am permitted on the Ranch, now and in the future, and until this Release is revoked in writing.
F. Parental, Guardian and Supervisory Responsibility for Minors and Indemnification for Injuries or Deaths
In consideration for allowing the following minors to accompany me on the Ranch, I agree to keep close supervision of the minor(s) in my watch and care at all times. I further agree to indemnify Landowner for all claims stemming from the injury and/or death of such minor or minors in my watch and/or care caused by my lack of or negligent supervision.