* * * * * * * *
IN CONSIDERATION of being permitted to enter the Ranch property of HARRISON FAMILY LIMITED PARTNERSHIP ("Harrison Ranch") located in Terrell County, Texas, for hunting, other recreational purposes, including river take out, the applicant, for group, entity representatives, himself or herself, his or her guests, agents, students, participants, employees, executors, heirs, successors and next of kin, hereby agrees and represents as follows:
1. I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical or mental condition which would impair my ability to participate in such activity. I acknowledge that the location of the ranch places me at a substantial distance from available medical treatment.
2. I willingly assume any and all risks of injury or death to my property or me or risks and dangers inherent with or incidental to my presence on the ranch and my travel to and from the ranch and any and all activities in connection therewith.
3. I understand that if I am hunting, this is an inherently hazardous activity and that in any event there are many hidden or unknown risks that are unavoidable on a large ranch, some of which risks are man-made and others of which are strictly a result of nature. I also understand that some conditions and risks may be known to Harrison Family Limited Partnership ("Harrison Ranch"), its employees or agents that are unknown to me; I fully acknowledge and agree that neither Harrison Family Limited Partnership ("Harrison Ranch") nor any of its employees or agents has a duty to me to advise me of any potential risks, dangers, or conditions on the ranch and I recognize that what may appear dangerous to some individuals is commonplace to others.
4. To the fullest extent allowed by law, I HEREBY FOREVER RELEASE AND DISCHARGE Harrison Family Limited Partnership ("Harrison Ranch"), its general and limited partners, directors, managers, officers, employees, associates, affiliated companies, or subcontractors (Releasees) FROM ANY LIABILITY to the applicant, my personal representatives, assigns, heirs, and next of kin (Releasors) for any loss or damage and any claim or demands therefore on account of injury to the person or property of the applicant or resulting in the death of the applicant, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASEES OR ANYONE while the applicant is participating in any actively upon the ranch. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE SUSTAINED WHILE ON THE RANCH PROPERTY, INCLUDING THE RISK OF PASSIVE OR ACTIVE NEGLIGENCE ON THE PART OF THE RELEASED PARTIES OR HIDDEN, LATENT OR OBVIOUS DEFECTS AT ANY PROPERTY MADE AVAILABLE TO OR BY THE RELEASEES FOR SAID ACTIVITIES.
5. To the fullest extent allowed by law, I WAIVE ANY RIGHT TO PRESENT ANY LEGAL CLAIM OR SUIT AGAINST THE RELEASEE, whether based on negligence, breach of contract, breach of warranty, strict product liability, dangerous condition of property, or any other legal theories.
6. To the fullest extent allowed by law, IT IS THE EXPRESS INTENT OF THE PARTIES THAT I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Releasees from any and all claims, suits, costs or expenses of any kind including attorney fees and expert and consultant fees incurred as a result made by any person for personal injury, including death or property damage, which, claim in any way arises out of or is in any way related to my activities on the ranch property including patent or latent defects REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE INDEMNITEES. This obligation to defend, indemnify and hold harmless equally binds my heirs, assigns and personal representative in the event of my death or incapacity.
This document is a legally binding contract, which supersedes any other agreement, or representation by or between the parties and which is intended to provide comprehensive release of liability and agreement not to sue. BY ACCEPTING THESE TERMS THE APPLICANT AND ALL PARTIES HAVE READ AND VOLUNTARILY AGREES WITH THIS IDEMNIFICATION AND RELEASE AGREEMENT, and further agrees that no oral representation, statements or inducements apart from the foregoing written agreement have been made. The applicant further agrees that should any dispute arise between the parties arising from or relating to this Agreement, that the applicant agrees to have the matter submitted to arbitration and waives any right of trial by jury.
Print Friendly