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.
Addendum to Brush Creek Ranch Waiver of Liability
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Brush Creek Ranch (Ranch) has put in place preventative measures to reduce the spread of COVID-19 and other communicable diseases; however, the Ranch cannot guarantee that you, your child(ren) or other members of your party will not become infected with COVID-19 or any other communicable disease. Further, staying at and participating in activities at the Ranch could increase your risk, your child(ren)’s risk and the risk of other members in your party of contracting COVID-19 and other communicable diseases.
By signing this addendum to the Brush Creek Ranch Waiver of Liability agreement, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that myself, my child(ren) and other members of my party for whom I am the legal guardian or authorized representative may be exposed to or infected by COVID-19 or other communicable diseases by attending and participating in activities at the Ranch and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases at the Ranch may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Ranch employees, volunteers, and other Ranch guests, participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my, my child(ren)’s or other members of my party’s (for whom I am the legal guardian or authorized representative) attendance at the Ranch or participation in any Ranch event or activity (“Claims”). On my behalf, on behalf of my child(ren), and on behalf of any members of my party for whom I am the legal guardian or authorized representative, I hereby release, covenant not to sue, discharge, and hold harmless the Ranch, its owners, management company, employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Ranch, its owners, management company, employees, agents, and representatives, whether a COVID-19 or other communicable disease infection occurs before, during, or after any attendance or any participation in any Ranch activity. Further, if I have acted negligently or unreasonably and I am responsible for transmittal of COVID-19 or other communicable disease to Ranch employees, guests, participants, or their families, I agree that I may be held legally and financially responsible for such transmittal.
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.
July 7, 2020
BRUSH CREEK RANCH, LLC.
UTILITY-TERRAIN VEHICLE (UTV) USE
ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT
Assumption of Risk:
I understand and acknowledge that I may be loaned or offered a vehicle or mobile equipment, including but not limited to, a golf cart, utility-terrain vehicle, or all-terrain vehicle (each a “Vehicle”), to use while on Brush Creek, LLC property. I have been informed of applicable operational features and safety precautions of the Vehicle and understand and accept that using a Vehicle, including participating in all-terrain activities, exposes me to many hazards (including, but not limited to possible falls from the Vehicle, rough trails, unstable terrain, negligent or unlawful conduct of third parties, collisions with natural or man-made objects, adverse weather conditions, uneven riding terrain including but not limited to water bars, machine enhanced ruts, and or variations in elevation). I expressly and voluntarily assume all risk of death, personal injury (including but not limited to severe spinal or head injury), permanent disfigurement, any other injury which may occur to myself or, by my actions, to any other person, including other guests or employees of Brush Creek, LLC, during my use of the Vehicle and all related activities, loss of, or damage to property. I also understand I should be in good physical health to participate in all-terrain activities. I voluntarily choose to use a Vehicle and to participate in all-terrain activities in spite of these risks and hereby assume all risk of injury or loss of life to myself or others by my actions and loss of or damage to property of third parties and Brush Creek, LLC property arising out of my use of a Vehicle, including participating in all-terrain activities. I understand the inherent risk involved in using the Vehicles; I accept full responsibility for any and all such damage or injury which may result.
Waiver And Release:
In consideration of Brush Creek, LLC providing me a Vehicle, I, for myself, my heirs, my successors, executors, and subrogates, specifically release and forever discharge Brush Creek LLC, its owners, officers, directors, members, manager, agents, guides, and employees (the "Indemnified Parties") from any and all liability or claims for injury, illness, death, or loss of or damage to property which I may suffer or cause while using a Vehicle, including participating in all-terrain activities. This release and discharge specifically includes, but is not limited to, liability or claims for injury, illness, death, or damage caused by the negligence of Brush Creek, LLC, or any of its’ front desk agents, guides, or any employees. It is my intent in signing this document to release the Indemnified Parties and hold them harmless from all claims or liabilities for any such property loss or damage, personal injury, or loss of life, whether alleged to have been caused by the negligence of any of the Indemnified Parties or whether based upon breach of contract, breach of warranty, or any other legal theory.
In signing this document, I fully recognize that if injury, illness, death, or damage occurs to me or, by my actions, any other person or property while I am engaged in using a Vehicle, or if I am participating in all-terrain activities, I will have no right to make a claim or file a lawsuit against any Indemnified Party, even if they or any of them negligently cause injury, illness, death, or damage to myself or to the Vehicle. I also understand that I will defend and hold harmless all Indemnified Parties, from any claim or lawsuit, arising from my use of a Vehicle, as described above.
I represent, state, and warrant that I have general liability insurance, automobile insurance, or any other policy of insurance that covers my use or operation of a Vehicle. I further agree to waive any right I may have to claim status as an insured under any policies of insurance issued to an Indemnified Party. This waiver includes, but is not limited to, the right to recover any first party benefits (such as uninsured or underinsured motorist coverage, or medical payments coverage), or to receive third party liability coverage, that may otherwise be available to me under any policies of insurance carried by the Indemnified Parties.
Helmet Release Waiver:
I am aware and understand that there are inherent dangers, hazards, and risks (collectively called "risks") associated with Vehicle use. These risks include, but are not limited to:
The propensity of any Vehicle to perform 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 Vehicle's response to certain hazards such as surface and subsurface objects;
Collisions with other vehicles, 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 Vehicle
I am assuming the hazard of this risk upon myself since I wish to ride Vehicle’s. 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 riding in a Vehicle and I acknowledge that such a helmet has been offered to me. 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, LLC, 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 Vehicle riding.
I understand that this activity may result in severe injury, including but not limited to, spinal or head injury. I understand that this activity may result in hazards posed by other Vehicle traffic and/or road/trail conditions on Brush Creek, LLC property, BLM, and or Medicine Bow National Forest.
I understand how to operate the Vehicle. I agree to operate the Vehicle safely and in accordance with all traffic rules and regulations I agree to operate the Vehicle in a manner that does not unreasonably disturb the land, wildlife, livestock, or vegetative resources in compliance.
I agree that Brush Creek, LLC staff and/or guides have answered any questions I had.
I agree to pay for all damage to the machine and/or clothing that is in my possession regardless of the circumstances under which such damage may occur. I agree to pay for lost rental income for the period of time the machine is out of service due to damage for which I am responsible.
I agree to pay all costs, including reasonable attorneys' fees, incurred by Brush Creek, LLC to collect any sums due from me or to enforce any of the terms of this document.
I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND FURTHERMORE ANY LOST/DAMAGED ITEMS WILL BE CHARGED AS FOLLOWS:
HELMET- $100 VEHICLE LOCK/KEY- $50 UTV- $26,000 ATV- $11,000 GOLF CART- $10,000
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY