THIS WAIVER IS BETWEEN THE FOLLOWING PARTICIPANTS (“Participant” herein): (THAT YOU LIST BELOW) AND Canyon Valley Provisions, LLC. (“Activity Provider” herein).

General Provisions The use of singular nouns throughout this Waiver and Release is not a limitation. Rather, the use of the singular is always intended to include the plural where applicable. The use of upper and lower case for defined terms throughout this Waiver and Release is not meant as a limitation. BY SELECTING I AGREE I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATION IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault. I certify that I am of lawful age to participate in said activities and to make this agreement. IN CONSIDERATION OF permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

 

Waiver 1. The Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal repr esentatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injuryresulting in the death of the Participant, which has been or may be sustained as aconsequence of the Participant's participation in the activity described below, andnot withstanding that such damage, loss or injury may have been caused solely orpartly by the negligence of the Activity Provider.

2. The Participant indemnifies and holds harmless the Activity Provider from anyand all liabilities and claims made as a result of participation in this activity, andpromises not to sue the Activity Provider.

3. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant agrees to this Agreement.

 

Details of Activity 4. The Participant will participate in the following activities and in other activities at the discretion of the Participant: • Driving on dirt road to and from designated parking area • Walking on dirt road, across a bridge over a river, to the event area (those who are unable to walk may make arrangements prior to the event to be taken across the river in an ATV such as a Polaris Ranger) • Scavenger hunt for various plant species • Watch cattle handling demonstration • Interact with pony/horse (participants are not permitted to ride animals) • Observe soil demonstration • Participants are encouraged to bring their own food for lunch on the ranch near the river. • Leave the property when the event is over

Participant recognizes that any activities conducted which are not listed here are not intended by the Activity Provider, and as such, Participant takes full responsibility for any liabilities and dangers associated with activities which are not intended by the Activity Provider. Participant fully understands and acknowledges that liabilities and dangers exist in the use of Activity Provider’s premises. Such activities may result in injury, illness, death, damage to personal property caused by other partici pants, by accidents, or by the forces of nature or other causes. Liabilities and dangers may arise from foreseeable or unforeseeable causes, including but not limited to, selection of trail or river route, water level, weather conditions, temperament of an imals, hazards and dangers that are integral to recreational activities that take place in nature, and outdoor or recreational environment, and Participant hereby accepts and assumes these liabilities and dangers.

 

Fitness to Participate 5. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the Participant will obtain a medical examination and clearance. The Participant consents to receive any medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

 

Full and Final Settlement 6. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same. 7. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity. 8. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement. 9. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital. 10. The Accident Waiver and Release of Liability Form shall be construed broadly to provide release and waiver to the maximum extent permissible under applicable law.

 

Governing Law 11. This Agreement will be construed in accordance with and governed by the laws of the State of Texas.

 

BY SELECTING THAT YOU AGREE YOU CERTIFY THAT YOU HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT AND AGREE TO THE FOLLOWING: I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT. I AGREE TO THESE CONDITIONS ON MY OWN FREE WILL ON BEHALF OF MYSELF AND MY CHILDREN LISTED AS PARTICIPANTS.