BRUSH CREEK RANCH ACTIVITY AND HOLD HARMLESS AGREEMENT
This supersedes all previous Brush Creek Ranch agreements. The undersigned ("Participant") would like to engage in horseback riding, fishing, hunting, sporting clays, climbing walls, basketball, golf, swimming and/ or other recreational activities (collectively referred to as "Activities") based at or near the Brush Creek Ranch, including trips to and from the ranch in Saratoga, Carbon County, Wyoming, through one or more entities owned by or affiliated with Brush Creek Ranch, or through those individuals associated with Brush Creek Ranch (those entities and individuals collectively referred to as the "Ranch"). Rates for the applicable services will be set by separate agreement.
1. Such activities involve substantial risks of injury to the individuals engaging in these activities, and damage to their property. The Ranch will only furnish services to the Participant on the terms set forth below, whereby the Participant expressly agrees and promises to fully accept and assume all of the risks existing in these activities including all injuries and damages, rather than the Ranch. These are voluntary activities and will only be done on these terms. Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant hereby voluntarily releases, forever discharges, indemnifies and agrees to defend and hold harmless the Ranch, Brush Creek Ranch, Brush Creek LLC and its owners, officers, directors, members, managers, employees, agents, volunteers, participants, counselors, supervisors and affiliates from and against any and all claims, demands, and liabilities against any of them, and related expenses (including reasonable attorneys' fees), directly or indirectly relating to or in any way connected with the Participant's participation in any and all Ranch Activities or the use of, Brush Creek Ranch's equipment, animals, or facilities, including any such claims which allege acts or omissions of the Ranch.
2. Participant certifies that he/she has adequate insurance to cover any injury or damage he/she may cause or suffer while on the Ranch premises or participating in any and all Activities, or else Participant agrees to bear the costs of such injury or damage himself/herself. Participant further certifies that he/she has no medical or physical conditions which could interfere with his/her safety, or else Participant is willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
This agreement will remain in full force and effect so long as the Ranch provides any Activities, and the indemnities set forth herein shall remain in full force and effect as to any later claims relating to Activities. This agreement may not be unilaterally cancelled or modified by the Participant. Any cancellation or modification must be in writing and signed by the Participant and by the appropriate Ranch principal. This agreement is binding upon each of the Participant and their successors, heirs, estates and personal representatives. This is a valid and binding agreement which has been properly entered into by the Participant.
This agreement shall be governed by Wyoming law, which is the principal place of business of Brush Creek Ranch and any court disputes arising hereunder shall be resolved in Wyoming. Whenever possible, each provision of this agreement shall be interpreted in such manner as to be effective, valid, and enforceable under the laws of the State of Wyoming. However, if any provision of this agreement shall be prohibited by, or shall be invalid or unenforceable under the applicable law, such provision will be ineffective to the extent of such prohibition, unenforceable, or invalid, without invalidating the remainder of such provision or the remaining provisions contained in this agreement.
It is recommended, but not required, that the Participant obtain cancellation insurance concerning travel arrangements and the ranch price, and the Participant obtain individual insurance for personal injuries, loss or damage to baggage, and for legal liability. Participant agrees a facsimile or other electronically transmitted signature has the same force and effect as an original.
THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. THIS AGREEMENT MUST BE SIGNED AND RETURNED PRIOR TO YOUR DEPARTURE FOR THE RANCH.
HELMET RELEASE WAIVER
I am aware and understand that there are inherent dangers, hazards, and risks (collectively called "risks") associated with horseback riding. These risks include, but are not limited to:
- The propensity of any horse to behave in ways that may result in injury, harm or death to persons on or around them and/ or damage to property in their vicinity;
- The unpredictability of a horse's reaction to such things as sounds, sudden movement, unfamiliar objects, person or other animals;
- The horse's response to certain hazards such as surface and subsurface objects;
- Collisions with other horses, animals, people, and objects;
- The potential of any participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the horse or to act within his or her ability.
I am assuming the hazard of this risk upon myself since I wish to ride horses. I realize I am subject to injury from this activity and that no form of preplanning can remove all of the danger that I am exposing myself to.
You have advised me to wear a helmet at all times when mounted on a horse and that such a helmet has been offered to me and that it is the policy at Brush Creek Ranch that all horseback riders wear a helmet.
I have decided to reject your advice and ride without a helmet. In taking this action, I understand that I am increasing the risk of injury. I, nonetheless, assume the risk of all loss, damage, injury, or death, and hereby waive, release from liability, covenant not to sue, and hold Brush Creek Ranch, its owner, officers, directors, employees, assigns, and their insurer harmless from any and all claims for injuries or damages of any kind and nature that I may receive as a result of my actions and failure to wear a safety riding helmet. I have signed your form acknowledging the hazards and dangers of horse riding.
PHOTO RELEASE FORM
BRUSH CREEK RANCH, SARATOGA, WY
I hereby grant the Brush Creek Ranch permission to use my likeness in a photograph or video visuals in any and all publications and marketing purposes, including web site entries, without payment or any other consideration in perpetuity. I understand and agree that these materials will become the property of the Brush Creek Ranch and will not be returned. I hereby irrevocably authorize the Brush Creek Ranch to edit, alter, copy, exhibit, publish or distribute these photos/visuals for purposes of publicizing the Brush Creek Ranch via its marketing programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears.
Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge the Brush Creek Ranch from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I am 18 years of age or older and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning, and impact of this release. I agree to indemnify and hold the Brush Creek Ranch harmless for any and all losses, claims, expenses, suits, costs, demands and damages or liabilities on account of personal injury, death, or property damages of any nature whatsoever and by whomsoever made, arising out of the photographed activities in which I am taking part.
December 10, 2019