Please read carefully before signing. This is an acknowledgment of risk, a release of liability and waiver of certain legal rights, and an agreement to indemnify.
As a participant in activities of The Davis Ranch Retreat (the “Ranch”), I agree to abide by the rules of the Ranch and the instructions of Ranch personnel.
I understand that ranch and farm activities around cattle and goats, hiking and nature walks, camp fires, fishing, swimming, and operating ATV’s and/or golf carts, among other activities conducted at the Ranch (collectively, “Guest Ranch Activities”) have inherent risks, hazards, and dangers for anyone, that cannot be eliminated, particularly in a open pasture environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
1. The propensity of an animal to behave in an unexpected manner that may result in injury, harm, or death to persons around them;
2. The unpredictability of the animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons, or other animals;
3. Certain hazards including but not limited to ditches, creeks, ponds, excavated areas, rocks, fences, and uneven surface conditions;
4. Collision with animals or objects;
5. The potential of the participant or other participants to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control of an ATV or golf cart and failing to keep an ATV or golf cart on roads or paths. I may encounter variations in terrain that are my responsibility and I assume these risks, including creeks, water, bridges, traveled roads, wild things, stumps, forest growth, debris, rocks, excavated areas and other obstacles whether they are obvious or not obvious, man-made or natural;
6. Hiking in forested lands and open grass lands;
7. Encounters with wildlife, animals, and insects;
8. Temperature extremes;
9. Inclement weather conditions;
10. Risks and dangerous conditions that cannot be anticipated, identified, modified, or eliminated.
I understand the risks, hazards, and dangers described above and have had the opportunity to discuss them with Monica Davis and/or other Ranch personnel. I understand that the Guest Ranch Activities may require good physical conditioning and a degree of skill and knowledge. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in the Guest Ranch Activities at a level of safety that I am comfortable with. Nonetheless I understand that the Guest Ranch Activities may be injurious to my health and safety. I understand that I have responsibilities and must remain alert and aware of my surroundings at all times. My participation in the Guest Ranch Activities is purely voluntary. No one is forcing me to participate and I ELECT TO PARTICIPATE IN SPITE OF THE RISKS WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH WHICH MAY EXIST FROM OR ARISE OUT OF ANY GUEST RANCH ACTIVITIES OR TAKE PLACE ON THE RANCH PREMISES.
In consideration of permission granted by the Ranch to participate in Guest Ranch Activities on or about the Ranch premises and to use the property and facilities of the Ranch, I, for myself and my family, heirs, executors, administrators, subrogees, representatives, and assigns (collectively, the “Releasing Party”) hereby WAIVE, RELEASE, ACQUIT, AND FOREVER DISCHARGE the Ranch, its affiliates, and its owners, partners, managers, officers, employees, mortgage companies, landlords, tenants, agents, successors, assigns, representatives (collectively, “Releasee”) from any and all claims, causes of action, demands, liabilities, obligations, expenses, damages, injuries, judgments and executions, known or unknown which the Releasing Party now has, or may have, or claim to have against Releasee of any nature whatsoever, including but not limited to claims for personal injuries, paralysis, death, injuries to property, real or personal, caused by, or arising out of, Guest Ranch Activities or taking place on the Ranch premises at any time (collectively, the “Released Claims”).
If any Releasee suffers or incurs attorney’s fees and/or costs to enforce this agreement or any costs or damages arising out of any Released Claims, I agree to INDEMNIFY, HOLD HARMLESS, AND REIMBURSE them for such fees and costs, regardless of whether such Released Claims arise out of negligence or strict liability, whether foreseen or unforeseen, whether in contract or tort, at law or in equity, or otherwise, and regardless of when such Released Claims occur or are discovered. I further agree not to sue any Releasee in connection with any of the Released Claims.
I fully acknowledge and understand all of the above and I agree to take full responsibility for myself while participating in any and all Guest Ranch Activities and any other activities while on or about the Ranch premises.
I, THE UNDERSIGNED, HAVE READ THIS ACKNOWLEDGMENT OF RISK, RELEASE AND INDEMNITY AGREEMENT AND WARRANT THAT I FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS AND I EXECUTE IT VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS SIGNIFICANCE.