Flat Rock Ranch Comfort, Texas Trail Use Ranch Liability Waiver
Mountain Biking, Trail Running, Hunting, and other Ranch Agritourism activities use are hazardous experiences or activities with varying surface and environmental condition. In consideration of receiving permission to enter upon the property, Flat Rock Ranch, of the owners the Dreiss Family, the undersigned/participant hereby releases and discharges and forever acquits Flat Rock Ranch and owner and their respective officers, directors, servants, employees, and agents of any and all liability claims and demands including all attorney fees incurred in defense there of arising out of whether expressed or implied of Flat Rock Ranch or the owners and their respective officers, agents, servants, and employees while at Flat Rock Ranch arising out of or as a result of the undersigned participating in any activity of any type on Flat Rock Ranch including but not limited to mountain biking, trail running, and hunting. This liability release shall be binding upon the assignee, distributors, heirs, next of kin, and administrators of undersigned and may be pled by Flat Rock Ranch and the owners as a complete bar and defense against any claim, demand, action, or cause of action by or on the behalf of the undersigned.
By signing this liability release the participant hereby acknowledges and expressly represents that:
1. Participant is duly aware of the risks and hazards inherent upon entering Flat Rock Ranch and ridding mountain bikes, trail running, and hunting on the premises.
2. Participant elects voluntary to enter Flat Rock Ranch and participate in activities on the premises.
3. Participant assumes the duty of knowing the present condition of Flat Rock Ranch.
4. Participant recognizes that Flat Rock Ranch may become more hazardous and dangerous during the time the undersigned is present on Flat Rock Ranch riding his/her mountain bike or trail running or hunting.
5. By virtue of the participant’s presence on Flat Rock Ranch, the participant acknowledges participant is acceptance of the condition of Flat Rock Ranch and all risks attendant thereto. Participant agrees to operate his/her mountain bike or trail run only on marked trails.
6. Participant recognizes that falls and collisions with pedestrians, and other mountain bikes and vehicles do occur and assumes all risks and responsibility for such accidents and injuries.
7. I understand HELMETS ARE REQUIRED and I agree to wear a helmet at all times while mountain biking. If I sustain any injury as a result of any of the aforementioned risks and hazards, I AGREE NOT TO SUE any of the above mentioned.
8. Participant is over 18 years of age and is of sound mind of that he/she is younger than 18 years of age, he/she is accompanied by a parent or guardian who is over 18 years of age and of sound mind who has read the forgoing liability release, understands it and signs it voluntarily. Furthermore the undersigned being at least 18 years of age indemnifies the aforementioned entities against any and all claims which may result from minors participation in the aforementioned activity.
EXERSICSE CAUTION! MOUNTAIN BIKING IS DIFFERENT THAN ROAD BIKING! TRAIL RUNNING IS DIFFERENT FROM URBAN RUNNING! WHILE RIDING OR RUNNING ON FLAT ROCK RANCH YOU MAY EXPERENCE OTHER BIKES, OTHER RUNNERS, AND VEHICLES, LOOSE GRAVEL, AND DIRT, WET SURFACES, HOLES, DOWNED TMBER AND OTHER OBSTACLES, ON COASTING DESCENTS, SLOW DOWN AND ENJOY YOUR RIDE!
AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.