Please fill out and sign the form below.
ASSUMPTION OF RISKS AND RELEASE OF LIABILITY
Welcome to the West Side of Wood Ranch (“Ranch”) owned by Patti Wood and 4 Bar W Wood Ranch (collectively “Owner”), and leased to The 1687 Foundation, a Texas nonprofit corporation (“Foundation”) for use in carrying out the Foundation’s tax exempt purposes. The minors listed on Annex A attached (“Minors”), have been given the opportunity to participate in certain educational and recreational activities at the Ranch conducted and supervised by Refuge Outfitters For Christ’s Kingdom. This is a legal document (the “Release”) by which you as the parent/guardian of the Minors agree to assume the risks related to the activities at the Ranch and to waive and release all potential liabilities and claims that you may otherwise come to have against the Owner, Foundation, and their directors, officers, members, employees, volunteers, agents, and affiliated persons or entities (“Released Parties”) as a result of, or related to, the presence of the Minors on the Ranch or participation in all activities on the Ranch, including the operation of golf carts and fishing including use of kayaks (“Activities”).
In consideration of the accommodations, permission to be on the Ranch, and participation in Activities on the Ranch, the undersigned agree(s) and acknowledge(s) as follows:
1. Acknowledgement of Risks. I understand that the Activities the Minors may engage in during their stay on the Ranch pose varying degrees of risk. Such risks include the possibility of accidents, illness, injury or death, related to the forces of nature, viruses, and other hazards whether manmade or natural. I understand the risks of injury, illness, or death that may be encountered cannot be eliminated even by taking the utmost care. I understand the Released Parties do not have emergency medical services at the Ranch to provide assistance if the Minors are injured, or become ill, and also that the Minors may incur injury or become ill in a remote location that is not readily accessible to a hospital or other medical facility. I understand the Released Parties are not a guarantor of the safety of the Minors.
2. Voluntary Participation. The participation in the Activities on the Ranch by the Minors is purely voluntary and provided free of charge by the Released Parties. I acknowledge that the Activities are recreational and educational in nature, and that no one has required the Minors to participate in any such Activities.
3. Assumption of Risks. On behalf of the Minors, I hereby knowingly and voluntarily assume all risks associated with or resulting from all Activities on the Ranch. I assume full responsibility for the conduct of the Minors and for any injuries or illness that may occur. I assume all such risks without regard to negligence or fault.
4. Waiver and Release of Liability; Indemnification. I unconditionally waive and release, and also agree to hold harmless and indemnify Released Parties with respect to, all actual or potential costs, damages, liabilities, losses, expenses, or claims (including, but not limited to, attorney’s fees, court costs and expenses) of any kind, including, but not limited to, those arising from death, illness, serious bodily injury or damage suffered or incurred by the Minors, related to or resulting from any Activities on the Ranch, whether foreseeable or unforeseeable, including those resulting from negligence or fault, without regard to any hazards or viruses that may exist, whether hidden or obvious, whether natural or manmade facilities or hazards, even if caused in whole or in part by the negligence of RELEASED parties. I hereby release and waive all subrogation rights against Released Parties and/or their insurance carrier(s).
5. Jurisdiction and Venue. In the event of any dispute that may arise relating to this Release, or the Activities contemplated herein, the substantive laws of the State of Texas (without regard to otherwise applicable choice of law rules) shall apply, and jurisdiction and venue shall be in a court of competent jurisdiction in the State of Texas.
6. Parent/Guardian. I represent that I am the lawful Parent/Guardian of the Minors listed below, I am legally competent to sign this Release, that the terms of this Release are contractual; and that this Release shall be binding on me, and the personal representatives, heirs, successors and assigns of the Minors. I understand this is a legally binding document. I understand that signing this document may alter my legal rights OR THE LEGAL RIGHTS OF THE MINORS in the event of injury, illness, or loss. I have fully informed myself of the contents of this Release by carefully reading it, and I sign this Release voluntarily.
7. In the event that it is determined that I am not the parent or legal guardian of the Minors, or did not have the legal capacity to execute the documents on behalf of the Minors, then I agree to DEFEND AND INDEMNIFY the Released Parties, if any litigation is instituted, as a result of any injury, illness, or death or claim for damage arising out of, relating to, or in any way connected with the Minor’s participation in the Activities. I understand that this indemnify provision is in addition to (and not in lieu of) any other indemnify provision found in this document.
8. No Publicity. I agree that on behalf of the Minors or myself that I will not disclose by any means (including social media) the location of the Retreat or the identity of the Released Parties.