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RELEASE OF LIABILITY |
KNOW ALL MEN BY THESE PRESENTS: For the consideration, be it hereby agreed:
PARTIES: Host is X Bar Ranch Ltd. (d/b/a X Bar Ranch), its shareholders, lessors, officers, employees and agents.
Guest is the person whose name appears below, and any minors or dependents accompanying
that person. Guest is participant.
RANCH: The X Bar Ranch and/or Moore's Ranch in Schleicher and Crockett Counties, Texas.
TERMS:
(2) RELEASE OF LIABILITY AND INDEMNIFICATION: Guest realizes there are both natural and man-made risks and hazards
associated with being on the Ranch. The man-made hazards associated the Ranch experience includes such things as
slippery shower stalls and swimming pool facilities, and hot stoves. Guest agrees and understands that Host assumes
no liability for the Guest's safety when he or she is exposed to hazardous conditions, whether natural or man-made.
Guest agrees to release and hold the Host harmless from any liability for personal injuries or property damage sustained
while on 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, losses, damages, injuries, costs or expenses of whatever
kind or nature, including cost of litigation, attorneys' fees and reasonable expenses in connection therewith, for
injury to Guest and/or for damage to or loss of the Guest's property while on the Ranch, whether or not such action,
claim, demand, loss, injury or damage claim shall be valid or groundless, and whether or not it was caused by the
Host's negligent or grossly negligent conduct. The term "injury" as used herein also covers death. The release and
indemnification provisions of this paragraph are binding upon the Guests, his or her heirs, successors and assigns
and the estate. The release and indemnification provision of this paragraph covers all claims for wrongful death under
the Texas Civil Practice and Remedies Code.
(3) UNLIMITED RELEASE AND INDEMNIFICATION: The Guest's releases and indemnity obligations extended hereby and
the liabilities assumed herein by this Agreement shall be without monetary limits. Also, by executing this Agreement,
the Guest expressly agrees to release and indemnify Host from and against the consequences of Host's conduct, whether or
not the conduct is negligent or grossly negligent, whether or not the negligence is active or passive, and whether such
negligence is the sole cause or a proximate cause occurring jointly and concurrently with the Guest or with others.
Guest further covenants and agrees that Guest shall 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.
(4) VENUE FOR AGREEMENT: This agreement is performable in Schleicher County, Texas.
(5) DURATION OF AGREEMENT: The provisions, covenants, conditions and indemnities contained in this
Release shall survive the term of Guest's stay at the X Bar Ranch.
By signing this Agreement, I represent and warrant that (a) I have had ample opportunity to read this Agreement
and have done so; (b) I fully 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) I have not been induced to sign this Agreement by the statement or conduct of the Host; and (g) I have the mental
competency to understand and enter into this Agreement.
X BAR RANCH, LTD.
By: ______________________________
Agent for Host
________________________________________
_________________________________________
_______________________________ _____________________________
_______________________________ _____________________________
(1) ACKNOWLEGMENT, ACCEPTANCE AND ASSUMPTION OF RISKS: Guest acknowledges and understands that the Host makes
no warranties, either expressed or implied, as to the safety of the Premises occupied and/or used by the Guest.
This document provides and imparts sufficient warning that dangerous conditions, risks and hazards exist on the Ranch.
Guest's presence and activities on 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 acknowledges that horses and other domesticated
animals, including cattle, and activities related with them are inherently dangerous and can create conditions, risks
and hazards for personal injuries. The Guest acknowledges, accepts and assumes all such dangerous, risky and hazardous
conditions in exchange for the right of entry.
Dated and signed this _____ day of _______________, 200__.
I am also executing this Agreement on behalf of the minors listed
below:
Guest's Signature Print Name
Guest's Signature Print Name
RELEASE OF MATERIAL FOR PROMOTIONAL PURPOSES: I understand that X Bar Ranch uses promotional
material to attract Guests. While I am on the Ranch, the Host may take photographs or acquire
written evidence of my presence and my activities through such things as guest book entries and
ledgers. After I leave the Ranch, I may send letters, emails or other documentation expressing
the satisfaction of my Ranch experience. By affixing my signature below, I hereby agree that
X Bar Ranch may use any photographs and written material acquired during my stay or after I
leave the Ranch for promotional and/or commercial purposes. This approval extends to third
parties with whom X Bar Ranch may partner for joint marketing efforts.
_______________________________ ___________________ ______________
Guest's Signature Printed Name Date
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