Texas Farmyard Release, Waiver of Liability, Assumtion of Risk and Indemnity Agreement
PLEASE READ CAREFULLY
In consideration of my use of Texas Farmyard/XT Ranch in Montague County, Texas, I sign this Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement, and will be bound by it's terms and conditions.
I understand that many activities may be inherently dangerous and that there is the possibility that I may be injured. In consideration of use of Texas Farmyard/XT Ranch, I hereby agree to assume all risk to myself, my minor children, and/or any children or persons for whom I am responsible or for which I am guardian, and my property, for any injury, damage or expense, which any of them may sustain or incur.
I understand that wildlife/livestock may be dangerous and I will conduct myself in a responsible, safe and legal manner concerning all wildlife. I will comply with all federal, state, and local laws, including those applicable to wildlife/livestock.
In addition, as a parent/guardian of, or responsible adult for children and guests in attendance at Texas Farmyard/XT Ranch, I am aware that minors may/will participate in recreational activities and am fully informed and aware that those activities create risks of injury. I freely assume all such risks both known and unknown even if arising from the negligence of others. I expressly acknowledge that there may not be any supervision of activities I/or my family or guests may engage in.
In consideration for entering upon and to use the Texas Farmyard/XT Ranch, the undersigned, for him/herself and any minor children, HERBY RELEASES TEXAS FARMYARD/XT Ranch (*defined below), from any and all claims, causes of action, liabilities, damages and expenses which may now or hereafter be suffered or incurred by the undersigned and agrees not to pursue or bring any cause of action of any kind whatsoever against the Released Parties, related to, directly or indirectly, the undersigned's (and his/her) use of Texas Farmyard/XT Ranch and relating to their conduct while at Texas Farmyard/XT Ranch, including, without limitation, any injury or damage to any person or property or expense resulting from any acts or omissions, including negligence, of any of the Released Parties or any acts or omissions of any third party or any person in attendance during any and all Recreational Activities.
I will not smoke or light fires of any kind on Texas Farmyard/XT Ranch, nor shall I permit others to do so.
THE UNDERSIGNED FURTHER AGREES TO, AND SHALL, INDEMNIFY AND HOLD HARMLESS, ALL OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITY, DAMAGES OR EXPENSE OF EVERY KND ARISING OUT OF OR IN CONNECTION WITH THE RECREATIONAL ACTIVITIES CONDUCTED UPON THE TEXAS FARMYARD/XT RANCH BY THE UNDERSIGNED, REGARDLESS OF WHETHER SUCH DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE, OR JOINT NEGLIGENCE BY ANY OR ALL OF THE RELEASED PARTIES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE RELEASED PARTIES AND THE UNDERSIGNED, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH, IS TO PROTECT THE RELEASED PARTIES FROM THE CONSEQUENCES OF THE RELEASED PARTIES' OWN ORDINARY NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY INJURY, DEATH, DAMAGE OR EXPENSE.
I HAVE READ THIS RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF THE RISK AND INDEMNITY AGREEMENT. FULLY UNDERSTAND ITS TERMS. UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FOR TEXAS FARMYARD/XT RANCH TO THE GREATEST EXTENT ALLOWED BY LAW.
TEXAS LAW APPLIES TO THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.
Texas Farmyard Release AND LIMITATION
OF LIABILITY Agreement
In consideration for the use of the Texas Farmyard/Xt Ranch property, Montague County, Texas (the "Premises"), and other valuable consideration, of the Premises and any facilities or equipment in connection with the Premises is at my own risk. Texas Farmyard, XT Ranch, Tiffany Scott Photography, Tiffany Scott, Timothy Scott, and their partners, relatives, affiliates, officers, employees or agents (collectively, "Scotts") shall not be liable for any claims arising from any personal injury or property damage that I, my relatives or my guests may sustain in any way related to our use of the Premises.
I further agree to indemnify and hold harmless the Scotts from all suits, actions or claims of any type arising from my use of the Premises or such use by my relatives or guests, whether or not such claims result from the negligent acts of the above-named individuals and entities or their partners, affiliates, officers, employees or agents.
I know and understand that there are dangers, including (but not limited) to those related to nature and farm/ranch use, horseback riding, and lake swimming, associated with my use of the Premises, and I am willing to take the risks of injury or damage associated with these activities and any activities I or my dependents or guests may engage in on the Premises. I have read this agreement and fully understand its contents.