RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
The individual named below (referred to as “I” or “me”) desires to participate in certain activities (“Activities”) provided by (i) Martha’s Ranch Foundation, (ii) KM Holdings Granbury, LLC d/b/a Twin Canyons Ranch, (iii) KM Resort Hospitality, LLC, and (iv) KM Livestock, LLC at Martha’s Ranch and/or Twin Canyons Ranch (all of the foregoing be referred to as the “Ranch”). The Activities include, but are not limited to, riding, handling, or being near horses on the premises of, owned by, or in the care, custody and control of the Ranch, along with hiking, camping, and other outdoor activities. As lawful consideration for being permitted by the Ranch to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). I represent that I am not under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, at the time of execution of this Agreement, and will not be under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, while engaging in the Activities.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS PERSONAL INJURY, ILLNESS (INCLUDING WITHOUT LIMITATION, AS A RESULT OF NOVEL CORONAVIRUS SARS-COV-2 AND THE DISEASE IT CAUSES, COVID-19), PERMANENT DISABILITY, MEDICAL COSTS, AND DEATH. I ACKNOWLEDGE THAT I MAY DIE, BE SERIOUSLY INJURED, BECOME SEVERELY ILL, BECOME PERMANENTLY DISABLED, OR SUFFER LOSS OF PROPERTY AS A RESULT OF THE ACTIVITIES, INCLUDING WITHOUT LIMITATION, POTENTIALLY DANGEROUS SURFACE AND SUBSURFACE LAND CONDITIONS OR HAZARDS; THE POTENTIAL TO FALL FROM OR BE INJURED BY A HORSE OR OTHER ANIMAL; THE POTENTIAL FOR COLLISION WITH ANOTHER PERSON OR ANIMAL; THE POTENTIAL FOR ANOTHER PARTICIPANT OR AGENT OF THE RANCH TO ACT NEGLIGENTLY, FOR EXAMPLE, BY FAILING TO MAINTAIN CONTROL OF AN ANIMAL; THE FAILURE OF ANY EQUINE-RELATED EQUIPMENT OR PROTECTIVE GEAR; ACCIDENT OR ILLNESS IN REMOTE PLACES WITHOUT NEARBY MEDICAL FACILITIES; AND THE POTENTIAL FOR A MEDICAL EMERGENCY WHEN MEDICAL TREATMENT MAY BE SEVERAL HOURS AWAY. I FURTHER ACKNOWLEDGES THAT AN ANIMAL, IRRESPECTIVE OF ITS TRAINING AND USUAL PAST BEHAVIOR AND CHARACTERISTICS, MAY ACT OR REACT UNPREDICTABLY AT TIMES BASED UPON INSTINCT OR FRIGHT. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RANCH. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, ILLNESS (INCLUDING COVID-19), OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THOSE DANGERS ARE FORESEEABLE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RANCH OR OTHERWISE. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RANCH, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, DEATH, DISABILITY, ILLNESS (INCLUDING COVID-19), OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RANCH OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RANCH OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE RANCH AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
This Agreement constitutes the entire agreement of the Ranch and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Agreement is binding on and shall inure to the benefit of the Ranch and me and each of our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Dallas, Texas and I hereby consent to the exclusive jurisdiction of such courts. If registering for the Activities online or via fax, your online or facsimile signature shall substitute for and have the same legal effect as an original form signature.
Photographic Release and Privacy. the Ranch may take photographs or video of participants in the Activities for use in advertisements, websites, social media, or other promotional purposes. By registering for, participating in or attending the Activities, the participant (or parent/guardian of a minor/child/ward participant) irrevocably agrees to the use and distribution by the Ranch of his or her image (or of his minor/child/ward) in photographs, video recordings, and any other electronic reproductions of such programs, events, and activities for any purpose without inspection or approval and without compensation, rights to royalties, or any other consideration now and in the future.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RANCH, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
PARENT OR LEGAL GUARDIAN:I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release and Waiver of Liability and Assumption of Risk.Date:
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Document Name: Ranch Waiver
Agree & Sign