This Release of Liability and Indemnity (“Release”) is a release, assumption of risk, and indemnity agreement made by the undersigned for good and valuable consideration, including but not limited to Landowner’s permission to visit certain lands and improvements located in Bell County, Texas (collectively called the “Ranch”) that are owned or leased by MONTEITH RANCH HOLDINGS LLC, a Texas limited liability company, d/b/a MONTEITH RANCH (the “Landowner”). The undersigned hereby agrees as follows:
1. Related Parties. The term “Related Parties” as used in this Release covers and includes Landowner’s owners, officers, managers, members, agents, representatives, employees, contractors, successors, assigns, invitees, related entities, and affiliate entities.
2. Ranch Conditions and Activities as Inherently Dangerous. I acknowledge that (a) natural and man-made conditions may exist or occur on the Ranch that are inherently dangerous including, but not limited to, terrain hazards, rocks, holes, eroded areas, fallen trees or limbs, cliffs, water bodies, rough or uneven ground, and other natural features present on the Ranch; (b) being in close proximity to domestic and wild animals and all related activities are all inherently dangerous and interactions with wildlife (including snakes, hogs, deer, (Axis, Black Buck, etc.), livestock (cattle, horses, donkeys), and exotic animals present on the Ranch may result in injury, illness, or death; (c) hunting, skeet shooting and related activities or other shooting games or sport, and/or handling firearms, all activities involving the use of firearms and other lethal implements, the presence of other hunters, shooters, and other persons generally, and all related conditions and activities, are all inherently dangerous, whether occurring at any shooting range provided by the Landowner or otherwise occurring on any portion of the Ranch; (d) the presence and use of vehicles, whether conventional trucks, ATV(s), jeeps, golf carts, 4-wheelers, motorcycles, trailers, and/or other vehicles that may or may not be registered to travel on public roads, are inherently dangerous; and (e) other outdoor recreational activities, including, without limitation, horseback riding, fishing, and hiking are inherently dangerous, and that my presence and activities on the Ranch can cause damage to my property and serious or even fatal injuries to my person.
3. Ranch Lodging Accommodations and Food/Beverage Service. I acknowledge that there are risks associated with the use of any lodging improvements or facilities on the Ranch, including, but not limited to, bunk beds, stairs, fire pits, and other related improvements as well as the existence of risks related to fire, smoke inhalation, explosions, gas leaks, carbon monoxide exposure, and malfunctioning HVAC systems associated with such lodging improvements. I further acknowledge that there are risks associated with (a) the consumption of food and beverages provided by the Landowner, including but not limited to, allergic reactions, foodborne illnesses, and choking hazards, and the consumption of some wild game provided by the Landowner which are harvested and processed under state law but may not otherwise be USDA-inspected, and that I acknowledge and accept all associated risks, and (b) the handling, preparation, and consummation of beef raised on the Ranch and processed at a Texas-licensed custom-exempt facility, and I acknowledge that this beef has not been USDA-inspected and is provided by the Landowner for private, non-commercial use during ranch activities. I further acknowledge all risks associated with the consumption of alcoholic beverages and drugs while on the Ranch and agree not to operate any vehicle, equipment, or firearms while under the influence of alcohol or other drug-related substances, and I waive all claims against the Landowner arising from such alcohol and/or drug-related conduct.
4. Assumption of Risk. I agree and acknowledge that NO WARRANTY, EITHER EXPRESS OR IMPLIED, is made by Landowner or any of the Related Parties as to the condition or the fitness for a particular purpose of (1) the Ranch, (2) any roads, buildings, gates or other improvements on the Ranch, or (3) personal property at the Ranch (whether or not supplied by the Landowner or one or more Related Parties). I further agree and acknowledge that Landowner and Related Parties do not screen any person seeking admission onto the Ranch for sobriety, criminal record, or mental stability. I agree and acknowledge that my presence and activities on the Ranch may expose both my person and my property to dangerous conditions, risks, and hazards and I agree THAT THIS DOCUMENT IS SUFFICIENT WARNING of the existence of such dangerous conditions, risks, and hazards. I EXPRESSLY ASSUME ALL SUCH RISKS, HAZARDS AND DANGERS with the understanding that I am exposing my person and my property to those risks.
5. Indemnity. I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Landowner and Related Parties against all claims, causes of action, loss, damages, injuries, liability, costs, and expenses (including attorneys’ fees, expert witness fees, and all other litigation expenses) (collectively, “Claims”) arising out of or relating to any property damage, bodily injury, or death sustained by myself and/or my invitees while on the Ranch. I further agree that my indemnification obligation set out in this paragraph shall extend to claims for bodily injury sustained on the Ranch by a dependent or invitee of mine while under the age of 18 years but asserted against the Landowner or one or more Related Parties by or on behalf of such dependent or invitee after reaching the age of eighteen. I further agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS Landowner and Related Parties from any Claims by third parties arising out of or relating to any acts or omissions of myself or my invitees while on the Ranch.
6. Waiver and Release. I WAIVE all claims against the Landowner and Related Parties, including, but not limited to, any claims of negligence, gross negligence, and strict liability and RELEASE the Landowner and Related Parties from all liability based on any property damage, bodily injury, and/or death that may be sustained by myself and/or my invitees while on the Ranch.
7. Cause of Incident. I UNDERSTAND AND AGREE THE ASSUMPTION OF RISKS, INDEMNITIES, WAIVERS, AND RELEASES CONTAINED IN THIS RELEASE WILL APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE FAULT, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESS DISREGARD, OR INTENTIONAL MISCONDUCT OF THE LANDOWNER AND/OR ONE OR MORE RELATED PARTIES.
8. Minors and Other Incapacitated Persons. If a person who is under the age of 18 years or otherwise lacks capacity accompanies me (an “Incapacitated Person”), I agree that I am solely responsible for such Incapacitated Person on the Ranch. I represent that I have the authority to bring such Incapacitated Person to the Ranch and I have the right to sign this Release for, and bind, him or her to its terms.
9. Rules and Regulations. I understand and agree to follow any and all rules related to the Ranch. Landowner reserves the right to modify or amend any rules related to the Ranch and I acknowledge and agree that it is my obligation to familiarize myself with all such rules and any modifications or amendments. Furthermore, I covenant and agree to abide by all laws, rules, and regulations now existing or hereafter in effect relating to hunting and fishing in the State of Texas.
10. Consent to Photographs/Videos. In the event photographs, slides, or videos are made of me while on the Ranch, I consent to Ranch's use of the photographs, slides, and videos in promoting and marketing Ranch's hunting and recreational activities on the Ranch. Likewise, by sending any testimonials or pictures via letters, emails, social media (or the like) of my experiences on the Ranch, I consent to Ranch's use of such photographs, slides, and videos.
11. Successors. This Release shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, personal representatives, successors, and assigns.
12. Severability. If any term or provision of this Release becomes or is held to be invalid, illegal, or unenforceable, such term or provision shall be excluded and the remainder of this Release shall remain in full force and effect.
13. Choice of Law. This Release shall be governed by and construed and enforced in accordance with the laws of the State of Texas with venue in Bell County, Texas.
14. Confirmation of Review and Understanding. I have been provided sufficient time to review this Release and fully understand its terms. Furthermore, I have had the opportunity to have this Release reviewed by legal counsel of my choice if I desired to do so.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
