This Covenant Not to Sue and Agreement to Hold Harmless is entered into effective the day of December 22, 2024, between Lazy Bear Ranch, LLC, of 612 Unity Lane, Weiser, Idaho 83672 (hereinafter Releasee) and (hereinafter referred to as Releasor). RECITALS A. Releasee. Releasee is a limited liability company which operates a hunting lodge in Weiser, Washington County, Idaho; and B. Releasor. Releasor is a person who contracted with Releasee to hunt Releasee’s property and to conduct other activities related thereto; and C. Activities. Releasor agrees that Releasee shall be held harmless from any injury or damages caused by hunting activities, or any other activity, while being on the premises of Releasee, or any other premises or during any other activities while in Weiser, Washington County, Idaho; and AGREEMENT - In consideration of being allowed to participate in any way, including but not limited to being on Releasee’s premises and hunting or otherwise participating in any activity in Washington County, Idaho (herein referred to as activity or activities), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS for any and all purposes Lazy Bear Ranch, LLC, and its officers, directors, officials, servants, agents, volunteers, or employees, members, guests, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of real property and personal property used to conduct any activities (herein collectively and/or singularly referred to as Releasee) FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR INJURY, INCLUDING DEATH, that may be sustained by me while participating in such activity, or while on the premises owned or leased by Releasee, including injuries sustained as a result of the negligence of Releasee; and
- I acknowledge there may be physically strenuous activities. I know of no medical reason why I should not participate; and
- I am fully aware that there are inherent risks involved with the activity, including but not limited risk of injury from hunting, shooting, and other known or unknown events and activities and/or the use of the related buildings, structures, equipment, automobiles, firearms, weapons, ATV’s, boats, tree stands, roads, bodies of water, land and all other real and personal property whether owned by Lazy Bear Ranch, LLC or others. I am fully aware that the risk is significant, including the potential for permanent disfigurement, paralysis, and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury or death does exist. With full knowledge of the foregoing, I choose to voluntarily participate in said activity with full knowledge that said activity may be hazardous to my property and me. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me as a result of participating in said activity including injuries sustained as a result of the negligence of Releasee. I further agree to indemnify and hold harmless the Releasee for any loss, liability, damage or costs, including court costs and attorney’s fees that may occur as a result of my participation in said activity; and
- I acknowledge and agree that the use of firearms and other weapons by myself or others on the Releasee’s premises, or otherwise, is inherently dangerous and a high risk activity whether such firearms or weapons are discharged by myself or others; and
- I understand that Releasee does not maintain any insurance policy covering any circumstance arising from my participation in this activity or any event related to that participation. As such, I am aware that I should review and obtain my own personal insurance coverage; and
- I understand that obtaining the proper licenses, tags, or other items required by law and the obeying of the laws of Idaho with respect to hunting or otherwise is my own responsibility; and
- It is my express intent that this Covenant Not to Sue and Agreement to Hold Harmless shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be governed by the laws of the State of Idaho; and
- In signing this Covenant Not to Sue and Agreement to Hold Harmless, I acknowledge and represent that I have read the foregoing Covenant Not to Sue and Agreement to Hold Harmless, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements apart from the foregoing agreement that has been reduced to writing have been made. I execute this document for full, adequate and complete consideration fully intending to be bound by the same, now and in the future; and
- This Agreement shall additionally encompass claims resulting from (1) the furnishing of alcoholic beverages, (2) use of or traveling in any vehicle provided by Releasee, and (3) failure to comply with the laws and regulations of the State of Idaho and the United States regarding hunting, licensing, shooting, tagging, and other items necessary to comply with the law of this jurisdiction; and
- In the event either party files suit in a court of law to interpret or to enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such action; and
IN WITNESS WHEREOF, this Agreement is made and entered into the day and year first written above. |