RELEASE OF LIABILITY FORM
AND ACKNOWLEDGEMENT
AND ACCEPTANCE OF DANGERS,
RISKS AND HAZARDS OF OCCUPANCY AND RECREATION AGREEMENT
KNOW ALL MEN BY
THESE PRESENTS: For the consideration, be it hereby agreed:
PARTIES: Host is Bar H Dude Ranch, its shareholders, lessors, officers, employees and
agents. Host is an Equine Professional. Guest is the person whose name appears below, and any minors or dependents accompanying
that person. Guest is participant.
CONSIDERATION: Use of the Bar H Dude Ranch by guest.
RANCH: The Bar H Dude Ranch in Donley County, Texas
TERMS:
(1) Guest acknowledges and understands that no warranty, either expressed
or implied, is made by the Host as to the safety of the premises occupied and/or used for recreation of any type located in
Donley County,
Texas, including
but not limited to any roads, buildings, gates or other improvements located thereon. This document is sufficient warning
that dangerous conditions, risks and hazards do exist. Guest's presence and activities on and about the premises expose both
Guest and Guest's property to dangerous conditions, risks and hazards, including but not limited to: poisonous snakes, insects
and spiders; hunting blinds and tree stands, whether or not erected by owner; ditches, erosion and general condition of the
land, both on and off roadways and senderos, creating rough, hazardous and dangerous driving, riding and walking conditions;
animals, both wild and domestic that may be diseased and/or potentially dangerous; deep water; sharp rocks; persons with firearms
both on or off the premises; and the use of vehicles. Guest specifically acknowledge that horses and domesticated animals,
including cattle, and activities related to there are inherently dangerous and can lead to dangerous conditions, risks, and
hazards. Guest hereby expressly assumes all such dangers, risks and hazards.
(2) Guest realizes that there are natural and man-made hazards associated with the ranch
experience, and Guest assumes all risks in connection with such hazards. Guest realizes that slippery shower stalls, cement
swimming facilities, hot stoves and other man-made hazards are associated with the ranch experience. Guest agrees and understands
that Host assumes no liability for the safety of the person or property of Guest or Guest's servants, guest, agents or employees.
For the consideration, Guest agrees to release Host from any liability for damages or injury to the person and/or property
of Guest or Guest's servants, guests, agents, or employees occurring on or about the Ranch. Cumulative of the foregoing, Guest
agrees to indemnify and hold Host harmless from any and all actions or causes of action, claims, demands, liabilities, loss,
damage, injury, cost or expense of whatever kind or nature, including cost of litigation, attorney's fees and reasonable expenses
in connection therewith, for injury to Guest and/or for damage to or loss of property of Guest or Guest's servants, guests,
agents or employees occurring on or about the Ranch, whether or not such action, claim, demand, loss, injury or damage claim
shall be valid or groundless. The term "injury" as used herein also covers death; and the release and indemnification provision
of this paragraph is binding upon the successor and assigns and the estate of Guest. In addition to other matters covered
hereby, the release and indemnification provision of this paragraph also covers all claims for wrongful death under the Texas
Civil Practice and Remedies Code.
(3) Guest expressly confirms that it is Guest's intent that all indemnity obligations
and liabilities assumed by Guest under the terms hereof shall be without monetary limit and that by executing this Agreement,
Guest expressly agrees to release and indemnify Host from and against the consequences of Host's own negligence (whether such
negligence is active or passive and whether such negligence is the sole proximate cause or a proximate cause jointly and concurrently
with the negligence of Guest or others) resulting in the damages or injury to the person and/or property of Guest or Guest's
servants, guests, agents or employees.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL
PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE
ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
(4) Guest hereby further covenants and agrees that Guest, Guest's heirs, successors
and assigns will not make any claim or institute any suit or action at law or in equity against the Host or Host's respective
heirs, agents, representatives, employees, successors or assigns.
(5) This agreement is fully performable in Donley County, Texas.
(6) The provisions, covenants, conditions and indemnities contained in this Release shall
survive the term of Guest's stay at the Bar H Dude Ranch.
(7) I understand that Bar H Dude Ranch reserves the right to take photographic or film
records of any activities/guests on its property and hereby agree that Bar H Dude Ranch may use any such photographic or film
records for promotional and/or commercial purposes as well as approve such use by third parties with whom Bar H Dude Ranch
may partner for a joint marketing effort.
In signing this Agreement, I represent and warrant that (a) I have had ample opportunity
to read this Agreement and have done so; (b) I understand and voluntarily agree to each term of the Agreement; (c) I have
the authority to sign this Agreement for each person listed below; (d) I am under no duress or requirement to sign this Agreement;
(e) no representations or statements have been made to me about the safety of riding and/or the guest ranch experience, including
the quality or suitability of the horses and equipment, or any other matter concerning riding and related activities including
trails or guides; (f) I have not been induced to sign this Agreement by the statement or conduct of any person; and (g) I
have the mental competency to understand and enter into this Agreement.
Dated
and signed this _____ day of _______________, 200__.
Bar H Dude Ranch
By: ______________________________
Agent
for Host
________________________________________
Guest's Signature Print Name
_________________________________________
Guest's Signature Print Name
I am also executing this Agreement on behalf of the
minors listed
below:
_______________________________ _____________________________
_______________________________ _____________________________
