Please fill out and sign the form below.
ASSUMPTION OF RISKS AND RELEASE OF LIABILITY
Welcome to Coyote Run Ranch (“Ranch”) owned by Epps Interests LP, a Texas limited partnership (“Owner”). The Rock (“Charity”), its representatives/volunteers, and the hunting / fishing participants, signing below, and the parents/guardians of all minor children (“Releasing Parties”), have been given the opportunity to participate in a [deer] [turkey] [exotic] [dove] [duck] hunt on the Ranch in furtherance of charitable purposes conducted and supervised by Charity. This is a legal document (the “Release”) by which the Releasing Parties agree to assume the risks related to the activities at the Ranch and to waive and release all potential liabilities and claims that they may otherwise come to have against the Owner, Foundation, employees, agents, and affiliated persons or entities (“Released Parties”) as a result of, or related to, their presence on the Ranch or participation in the activities on the Ranch.
The Released Parties shall allow the Releasing Parties to use cost free such residential facilities and sufficient land on the Ranch to conduct a [deer] [turkey] [exotic] [dove] [duck] hunt. The Releasing Parties hereby acknowledge and understand that the Released Parties make no warranties, either express or implied, as to the condition of the Ranch property and improvements, or the safety of the Ranch activities including hunting.
In consideration of the rent-free accommodations, permission to be on the Ranch, and cost-free participation in the activities on the Ranch including hunting & fishing, the undersigned agree and acknowledge as follows:
1. Acknowledgement of Risks. We understand that the activities we may engage in during our stay on the Ranch pose varying degrees of risk. Such risks include the possibility of accidents, injury or death, related to the use of firearms, hunting, forces of nature and other hazards whether manmade or natural including, but not limited to, poisonous snakes, insects, elevated blinds, persons with firearms, and the use of vehicles and ATVs both on and off roadways. We understand the risks of injury or death that may be encountered cannot be eliminated even by taking the utmost care. We understand the Released Parties do not have emergency medical services at the Ranch to provide us with assistance if we are injured, and also that we may incur injury in a remote location that is not readily accessible to a hospital or other medical facility. We understand the Released Parties are not a guarantor of our safety.
2. Assumption of Risks. We hereby knowingly and voluntarily (a) acknowledge that we are aware of and appreciate the nature and extent of, the dangerous conditions, risks and hazards we may encounter on the Ranch which may cause serious bodily harm or death, and (b) voluntarily, expressly and knowingly consent to the assumption of all risks associated with or resulting from all activities on the Ranch. We assume full responsibility for our own conduct and for any injuries that may occur. We assume all such risks without regard to negligence or fault, on the part of the Released Parties.
3. Voluntary Participation. Our participation in the activities on the Ranch is purely voluntary and provided to us free of charge by the Released Parties. We acknowledge that the activities are recreational in nature, and that no one has required us to participate in any such activities.
4. Hunting Safety Rules. All Releasing Parties agree to follow the Hunting Safety Rules of the Ranch.
5. Waiver and Release of Liability; Indemnification. We 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, serious bodily injury or damage suffered or incurred by us, related to or resulting from any activities on the Ranch, whether foreseeable or unforeseeable, including those resulting from negligence or fault of the Released Parties, without regard to any hazards 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. We hereby release and waive all subrogation rights against Released Parties and/or their insurance carrier(s). We also further covenant and agree that we, our heirs, successors and assigns will not make any claim or institute any suit or action of law or in equity against the Released Parties by reason of injury or death as a result of conditions on the Ranch (whether natural or man-made) or conduct of Released Parties.
6. 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.
7. Severability. If any term, provision, covenant, release, assumption or waiver of this Agreement 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.
8. Binding Effect. We represent that we are legally competent to sign this Release, that the terms of this Release are contractual; and that this Release shall be binding on me, and my personal representatives, heirs, successors and assigns. WE understand this is a legally binding document. WE understand that signing this document may alter OUR legal rights in the event of injury or loss. WE have fully informed OURSELVES of the contents of this Release by carefully reading it, and WE sign this Release voluntarily. FURTHERMORE, THE UNDERSIGNED PARENTS/GUARDIANS OF MINOR CHILDREN IN ATTENDANCE REPRESENT THAT WE ARE THE LAWFUL GUARDIANS OF THE MINOR CHILDREN LISTED BELOW AND THAT THE TERMS OF THIS RELEASE ARE BINDING UPON US AND SUCH MINOR CHILDREN.
DATED THIS DATE OF