| The Ponderosa Guest Ranch Waiver
ASSUMPTION OF INHERENT RISKS AND RELEASE OF RESPONSIBILITY-CONSENT AND RELEASE FORM
This Agreement is by and between TEXAS PONDEROSA, LLC, a Texas limited liability company, and the Participant listed below:
BY checking the box, I ACKNOWLEDGETHAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. I HEREBY REPRESENT AND WARRANT: I AM A PARTICIPANT OF THE AGE OF MAJORITY IN MY JURISDICTION OF RESIDENCE. IF REGISTERING AS A MINOR, A PARENT/LEGAL GUARDIAN WILL EITHER NEED TO BE PRESENT ON SITE TO AUTHORIZE AND SIGN, OR THE PARTICIPANT NEEDS TO HAVE A PARENT/LEGAL GUARDIAN SIGN AND PROVIDE A DRIVER’S LICENSE #/PICTURE ID, OR PARENT/LEGAL GUARDIAN SPEAK DIRECTLY WITH TEXAS PONDEROSA, LLC PERSONNEL. I AGREE THAT IF I DO NOT ACCEPT ALL TERMS AND CONDITIONS IN THIS AGREEMENT, I WILL NOT BE ALLOWED TO PARTICIPATE IN THE ACTIVITIES.
BY checking the box, I RENOUNCE SUBSTANTIAL LEGAL RIGHTS, INCLUDING MY RIGHTS TO SUE.
In consideration of being allowed to enter upon the property and participate in the various activities thereon and any related events conducted thereon (collectively the Activities), I, the undersigned Participant, on behalf of myself, my successors, heirs, assigns, and anyone else who may make any claim for or on my behalf, hereby irrevocably and unconditionally acknowledge, appreciate as follows:
1.) I agree to abide by the rules and regulations of Texas Ponderosa, LLC, any event sponsors, volunteers, advertisers, and their respective officers, directors, members, managers, agents, and employees (collectively known as Released Parties);; 2.) I acknowledge having received information about the Activities and agree to observe and abide by all posted rules, warnings and follow instructions or directions related to the Activities being conducted on the property;;
3.) I understand no refunds will be granted if the Released Parties decide to modify, postpone or cancel the Activities due to weather conditions (including but not limited to: lightning, floods, storms, tornadoes, hurricanes, extreme heat, acts of God), acts of war, terrorism, military conflicts or riots or any other factors beyond their control that may affect the venue, safety, security and/or health of the participants and/or visitors;
4.) I recognize the Activities require physical activity designed predominantly for physically fit, healthy individuals. I warrant I am in good physical and mental health and I do not suffer from any disability or physical problems that could make it hazardous for me to participate, and I agree to participate in the Activities of on my own free will. I further warrant I am not taking any prescription or non- -prescription medications, including any controlled substances, which may impair my ability to participate in the Activities. NOTE: If you have been inactive, are pregnant, or if you have medical problems, or are taking medication(s) that limit your ability to
engage in physical activity, you are advised to consult with your physician before taking part in the Activities;
5.) I am aware of the risks and implications of participating in the Activities, which involve various risks, dangers and hazards of accidents and bodily harm that could result from my participation, including, but not limited to, minor or major bone fractures, scrapes, abrasions, lacerations, head concussions, bumps, bruises, muscle, tendon or ligament strains or sprains, overstraining or exceeding physical limitations, exhaustion or dehydration, paralysis, heat and cold injuries, animal bites or insect stings, contact with poisonous plants, or other serious personal or bodily injury, or death, caused by, including, but not limited to, uneven terrain, latent hazards on the roadway, paths, or trails, falling, impact against a hard surface, slips and other gravity--related mishaps/falls or accidents, uncontrolled acceleration and deceleration, collision with an object or another participant, interaction with wild animals, insects or plants, negligence on my part or the part of the Released Parties;
6.) I am the best and only judge of my ability to participate in these Activities and am fully aware of the additional risks involved in my participation and assume such risks on my own free will. I am voluntarily participating for my own enjoyment and my participation is completely voluntary; 7.) I fully understand that fireworks, illegal substances, or unauthorized merchandise with the intent to sell are completely prohibited from the venue and Activities and will cause immediate dismissal from the event with no refund;
8.) I understand that the Released Parties may not provide any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in and attendance at the Activities. I assume all expenses related to any type of damage or loss (personal or property), death, illness or injury, medical expenses and/or emergency resulting from my presence on the property or my participation in the Activities;
9.) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PRESENCE ON THE PROPERTY AND MY PARTICIPATION IN THE ACTIVITIES.
The Released Parties accept no responsibility for such Activities’ related risks. The Released Parties may not have trained medical personnel on site, or within a close proximity of the property. I consent to the administration of first aid or other medical treatment in the event of injury or illness and understand this Agreement extends to the liability connected with such treatment;; I hereby release and indemnify Released Parties, from any and all claims arising from such treatment;.
9.) IF AND TO EXTENT THAT PARTICIPANT IS ENGAGED IN APPROVED HUNTING ACTIVITIES WHILE ON THE PROPERTY, PARTICIPANT ACKNOWLEDGES THAT HUNTING IS AN INHERENTLY DANGEROUS ACTIVITY INVOLVING THE USE OF FIREARMS AND OTHER LETHAL IMPLEMENTS AND THE PRESENCE OF OTHER HUNTERS. THE UNDERSIGNED ASSUMES ALL SUCH DANGERS AND RISKS RELATED TO ALL ACTIVITIES, WHICH MA Y INCLUDE THE NEGLIGENCE OF THE RELEASED P ARTIES OR THE NEGLIGENCE OF PARTICIPANT.
10.) I, FOR MYSELF AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY FULLY AND FOREVER RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES OF AND FROM ANY AND ALL CAUSES OF ACTION, LAWSUITS, LOSSES, DAMAGES, INJURIES (INCLUDING PERSONAL AND BODILY INJURIES, DEATH AND INJURY TO PROPERTY) HOWSOEVER CAUSED (WHETHER BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, AND WHETHER FORESEEABLE OR NOT), CLAIMS, DEMANDS, SUMS, COSTS, EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS), AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO ME OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES, INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE ACTIVITIES;
11.) I agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages, which anyone may have, on account of loss, damage, or injury sustained by me or others in connection with my participation in the Activities;
12.) I AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND THE RELEASED PARTIES FROM AND FOR ANY SUMS, COSTS, OR EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS) INCURRED OR SUFFERED BY ANY OF THE RELEASED PARTIES OR PAID BY THEM TO ANY PERSON (INCLUDING ME OR MY INSURERS) IN CONNECTION WITH ANY ACCIDENT, LOSS, DAMAGE, INJURIES, ILLNESS, HOWSOEVER OCCURRING, WHETHER BY NEGLIGENCE OR OTHERWISE (INCLUDING DEATH), CLAIMS, DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, SUSTAINED BY ME OR OTHERS IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITIES. THIS MEANS THAT I WILL REIMBURSE THE RELEASED PARTIES IF ANYONE MAKES A CLAIM AGAINST THEM BASED ON DAMAGES OR INJURIES I SUFFER IN CONNECTION WITH THE ACTIVITIES;
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, WITHOUT ANY TIME CONSTRAINTS BEING PLACED UPON ME, AND I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ALL ITS CONTENTS. I VOLUNTARILY SIGN THIS DOCUMENT W ITHOUT ANY INDUCEMENT AND I AM AW ARE THAT BY SIGNING THIS AGREEMENT AND FORM, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS AND IT IS MY INTENTION TO DO SO FREELY AND WITHOUT COERCION OR DURESS.
This agreement supersedes any oral or written statements made by any of the Released Parties or me in connection with the Activities. All matters of this Agreement, or any dispute arising from the Activities, regardless of event location, are governed by the laws of the State of Texas. If any portion of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable.
BY checking the box, I ACKNOWLEDGE HAVING READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
SINCE I AM UNDER THE AGE OF 18, I AM INCLUDING MY PARENT/LEGAL GUARDIAN’S WRITTEN CONSENT:
BY checking the box, I UNDERSIGNED, AS PARENT/LEGAL GUARDIAN OF A MINOR PARTICIPANT, RECOGNIZE AND CONSENT THAT THIS MINOR WILL BE BOUND BY THIS AGREEMENT |
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