I am over the age of eighteen, or I am the parent or legal guardian of a minor who is under the age of eighteen. As to each provision contained in this and subsequent paragraphs, I agree, on behalf of myself, and for any person for whom I am signing, and for his/her and my successors, heirs, assigns, personal representatives and estate, that I will assume the following risks and release, indemnify and discharge the Nevilles WhiteTail Ranch, LLC, Devin Nevilles and their employees, officers, managers, members, estates, assigns, representatives, successors, legal representatives, family members, attorneys, trustees, agents, Partners, Shareholders, affiliated persons, related entities, subsidiaries, and owners (collectively hereafter "the Nevilles WhiteTail Ranch") as follows:
DISCLOSURE OF RISK: I am aware that firearms, knives, bows, power tools, traps, ladders, stairs, Sports Utility Vehicles, Three (3) Wheelers, Four (4) Wheelers, Autos, Jeeps, Boats, Motorcycles, Dirt Bikes, Golf Carts, All Terrain Vehicles and any other Vehicle (whether motorized or not); as well as the activities of or relating to Hunting, Fishing, Target Shooting, Swimming, Diving, and any other recreational activity taking place at the Nevilles WhiteTail Ranch present and involve known and unknown risks which could result in injury, death, illness, mental or physical harm to myself and others, and damage to my property or to the property of others. Without limitation, the risks and hazards include but are not limited to: death; personal injury; hypothermia; cold; heat; freezing; exposure; drowning; windburn; sunburn; frostbite; changing weather conditions, trail, and water conditions, bare spots; rocks; stumps; trees; collisions with natural or manmade objects, persons, or things; roll-overs; variations in terrain; failure of others to participate responsibly and within their abilities; injury/injuries from carrying, towing, lifting or dragging equipment; my own physical condition; consuming food or drink; and the behavior of wild or domesticated animals, reptiles, insects, fish and any unknown/unforeseen risk not listed herein.
ASSUMPTION OF RISK: I voluntarily assume and accept the risks of any injury or harm to my person, personal property, and the person and personal property of any child or ward of mine, which may result from these or any other hazards arising from any activity taking place or in which I may participate in, with or at the Nevilles WhiteTail Ranch. This assumption of risk includes the risk of injury or harm, which may be caused by negligent acts or omissions by The Nevilles WhiteTail Ranch, or any other persons.
INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, I SPECIFICALLY OBLIGATE MYSELF, MY SUCCESSORS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE TO THE NEVILLES WHITETAIL RANCH AS FOLLOWS: TO DEFEND AND INDEMNIFY THE NEVILLES WHITETAIL RANCH AGAINST, AND SAVE THE NEVILLES WHITETAIL RANCH HARMLESS FROM, ALL CLAIMS, SUITS, LIABILITY, EXPENSE, OR DAMAGE TO PROPERTY, INCLUDING LOSS OF USE THEREOF, INJURIES TO PERSONS, INCLUDING DEATH, AND FROM ANY OTHER CLAIMS, SUITS, LIABILITY, EXPENSE, OR DAMAGE (“OCCURRENCE”) ARISING OUT OF OR RELATED TO ANY ACTIVITY ON THE NEVILLES WHITETAIL RANCH, REGARDLESS OF FAULT. THIS OBLIGATION EXTENDS TO ANY OCCURRENCE, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE NEVILLES WHITETAIL RANCH, INCLUDING THE SOLE NEGLIGENCE OF THE NEVILLES WHITETAIL RANCH.
RELEASE AND DISCHARGE: I VOLUNTARILY RELEASE AND DISCHARGE THE NEVILLES WHITETAIL RANCH, FROM ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION WHICH ARE RELATED TO, ARISE FROM, OR ARE IN ANY WAY CONNECTED WITH ACTIVITIES TAKING PLACE OR MY PARTICIPATION IN ANY ACTIVITY AT THE NEVILLES WHITETAIL RANCH. THIS INCLUDES CLAIMS RELATED TO THE HAZARDS DESCRIBED ABOVE, AS WELL AS ANY NEGLIGENT ACTS OR OMISSIONS OF THE NEVILLES WHITETAIL RANCH OR OTHERS, INCLUDING THE SOLE NEGLIGENCE OF THE NEVILLES WHITETAIL RANCH.
In addition I agree to wear any and all protective gear that the Nevilles WhiteTail Ranch personnel deem appropriate and necessary for the protection of others and myself. I agree to obey all posted signs and all other written or verbal instructions of the Nevilles WhiteTail Ranch personnel.
INSURANCE AND PHYSICAL CONDITION: I understand that no medical or other insurance benefits are being provided to me by the Nevilles WhiteTail Ranch. I certify that I am in good health and that I am not pregnant. There is no physical condition, mental condition, disability, impairment, or injury, which would make it difficult or dangerous for me to be involved in the activities that occur at the Nevilles WhiteTail Ranch or to participate in any Nevilles WhiteTail Ranch activity. I understand that the Nevilles WhiteTail Ranch is relying on my statement of good health and condition in allowing me attend to and to participate in any and all activities.
MENTAL CAPACITY: I have not consumed any alcohol or used any drugs during the past twenty-four (24) hours, and I have received the required amount of sleep and I am capable of entering into this Agreement. As well, I am able to safely participate and to assist others to participate in all available physical activities including but not limited to Swimming, Hunting, Fishing, Shooting Competitions and any other Extreme Sport, Sports, or any other Nevilles WhiteTail Ranch activity not listed herein.
EQUIPMENT DAMAGE: I agree that I am personally responsible for any damage to, or loss of, any of the Nevilles WhiteTail Ranch's property and equipment that I cause. This includes, but is not limited to, any damage to or loss of any vehicle mentioned throughout this statement, equipment, protective gear, supplies and property that I damage or lose. This agreement expressly includes damage caused by any collision between equipment, vehicles, or any other item listed previously in this statement and any other person or thing.
EFFECT OF RELEASE AND ENTIRE AGREEMENT: I UNDERSTAND AND AGREE THAT BY SIGNING THIS AGREEMENT I AM VOLUNTARILY ASSUMING THESE RISKS AND FOREVER RELEASING AND WAIVING ANY RIGHT I MAY HAVE TO RECOVER ANY DAMAGES, ATTORNEY FEES, COST OR OTHER AMOUNTS FROM THE NEVILLES WHITETAIL RANCH, OR OTHER PERSONS RELATED TO THE NEVILLES WHITETAIL RANCH, FOR ANY INJURY OR HARM TO MYSELF OR OTHERS RESULTING FROM THE RISKS AND HAZARDS DESCRIBED ABOVE OR ANY ACTIVITY IN WHICH I MAY ENGAGE WITH OR AT THE NEVILLES WHITETAIL RANCH. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN THE NEVILLES WHITETAIL RANCH AND MYSELF. I HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. I AGREE THAT TEXAS LAW SHALL GOVERN THIS AGREEMENT.
I UNDERSTAND THAT I MAY CONSULT AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. I ALSO STIPULATE AND AGREE THAT PERMISSION TO ENTER UPON ANY PROPERTY OF THE NEVILLES WHITETAIL RANCH IS CONTINGENT UPON AND WOULD NOT BE GRANTED ABSENT MY AGREEMENT TO EACH OF THE TERMS CONTAINED HEREIN.