In consideration for the below named participant, and/or minor as stipulated, being permitted by Boars All Day to participate in the activities of hunting, fishing, transportation by vehicle, transportation by atv/utv, transportation by watercraft, I agree to the following Waiver of Liability and Hold Harmless Agreement:
1. The undersigned hereby releases, Boars All Day, L.L.C., Chris Day, Piney Creek Family Limited Partnership, their owners, operators, managers, employees, directors, officers, agents, partners, volunteers or representatives (“Released Parties”) from any and all liability that may be associated with any activity while on the property owned by the Released Parties, including but not limited to hunting, sportsmanship, fishing, operating a vehicle or all-terrain vehicle, handling and shooting of firearms, handling and participating in archery, operating water equipment, participating in hunting activities, participating in water activities, gamesmanship and participating in any outdoor activity. And that I acknowledge that Hunting, Fishing, Transportation by vehicle, Transportation by ATV/UTV, Transportation by water craft has inherent risk, hazards, and dangers for anyone, which cannot be eliminated, particularly in a wilderness environment. IN THIS REGARD AND UNDERSTANDING, I RECOGNIZE THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
a) The risks, hazards, and dangers from handling firearms and being near others that have firearms in their possession.
b) The risks, hazards, and dangers from ammunition and shot from other guns.
c) The risks, hazards, and dangers from walking in rugged country, including encounters with wildlife and insects.
d) The risks, hazards, and dangers from inclement weather conditions.
e) The risks, hazards, and dangers from riding in vehicles, off-road vehicles, airboats, and watercraft.
f) The risks, hazards, and dangers from climbing in to and out of stands, blinds, or any other structures
2. I understand the risks, hazards, and dangers of hunting and have had the opportunity to discuss them with Boars All Day, L.L.C. and Chris Day and other operators, managers, employees or representatives affiliated to Boars All Day, L.L.C. and Chris Day. I understand these activities may require good physical conditioning and a degree of skill and knowledge. I acknowledge I have the good physical conditioning and an adequate degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I am responsible for my own actions. My participation is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF BOARS ALL DAY WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.
3. I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Boars All Day, L.L.C., Chris Day, Piney Creek Family Limited Partnership, and their owners, operators, managers, employees, directors, officers, agents, partners, volunteers, representatives or land owners from and against any claims, actions, causes of action, suits, demands, expenses, liabilities (including reasonable attorney’s fees), which are related to, arise out of, or are in any way connected with my participation in this activity, including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals, or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of Boars All Day, L.L.C. and /or its employees, agents and contractors or from some other cause. I, for myself, my heirs, my successors, executors, and subrogates, further agree not to sue as a result of injury, paralysis, or death suffered in connection with my use and participation in the activities of Hunting, Fishing, Transportation by vehicle, Transportation by ATV/UTV, Transportation by watercraft.
4. AS PART OF THE CONSIDERATION FOR THE PAYMENT OF MY RIGHT TO PARTICIPATE IN THE ACTIVITIES ON THE PROPERTY OWNED BY THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO: HUNTING, FISHING, OPERATION OF VEHICLES AND ALL TERRAIN-VEHICLES, BOATING, WATER ACTIVITIES AND GAMESMANSHIP, I, THE UNDERSIGNED HAVE AGREED TO AND DO HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS BOARS ALL DAY, CHRIS DAY, PINEY CREEK FAMILY LIMITED PARTNERSHIP, AND ANY AND ALL OWNERS, OPERATORS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, PARTNERS, VOLUNTEERS OR REPRESENTATIVES AND ALL OTHERS AFFILIATED WITH OR ASSOCIATED WITH THEM, FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTIONS, OF WHATSOEVER NATURE OR CHARACTER WHICH HAS OR MAY HEREAFTER BE ASSERTED BY ANY PERSON, DEVISEE, HEIR AT LAW, OR AGENCY WHATSOEVER CLAIMING BY, THROUGH OR UNDER THE UNDERSIGNED AND FROM ANY AND ALL LEGAL ACTIONS, INCLUDING THIRD PARTY ACTIONS AND CROSS ACTIONS ASSERTED OR BROUGHT AGAINST THE RELEASED PARTIES BY ANY OTHER FIRM, PERSON, DEVISEE, HEIR AT LAW, CORPORATION, ADMINISTRATOR OR FAMILY MEMBER ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE ACTIVITIES ON THE PROPERTY OWNED BY THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO, THOSE ACTIVITIES IDENTIFIED ABOVE. IF FURTHER UNDERSTAND THAT IT IS MY INTENTION IN SIGNING THIS AGREEMENT THAT I INTEND TO RELEASE THE RELEASED PARTIES FROM THEIR NEGLIGENCE AND GROSS NEGLIGENCE.
5. I, the undersigned, expressly warrant and represent to the Released Parties, as part of the consideration for the payment to participate, that before executing this agreement, I have fully informed myself of its terms, content, conditions and effects; that while signing this release no promise or representation has been made to me by the Released Parties or anyone acting for the Released Parties, except as is expressly stated in this agreement. I further expressly warrant and represent to the Released Parties that I have signed this release voluntarily and not under duress or outside pressure. Finally, I have relied solely and completely on my own judgment and fully understand that this is a full, complete and final release between the undersigned and the Released Parties.
6. Any and all disputes, controversies, claims or demands arising out of or relating to this Agreement or any provision thereof, shall be resolved by binding arbitation pursuant to Chapter 171 of the Texas Civil Practice and Remedies Code and in accordance with the Commercial Arbitation Rules then in effect wi the American Arbitation Association. Any such arbitration proceeding shall be conducted in Angelina County, Texas. This arbitration proceeding shall be enforceable in either Federal or State Court in Angelina County, Texas.
7. If under 18 years of age, parent, guardian, or, custodian must sign the following indemnification:
a. In consideration for the below named minor being permitted by Boars All Day to participate in the activities of Hunting, Fishing, Transportation by vehicle, Transportation by ATV/UTV, Transportation by water craft, and other activites as listed in this Agreement, I agree to the above Waiver of Liability and Hold Harmless Agreement.
I VOLUNTARILY SIGN THIS AGREEMENT, AND ACKNOWLEDGE AND REPRESENT THAT I HAVE CAREFULLY READ AND CLEARING UNDERSTAND THE CONTENTS THEREOF.
February 21, 2020