WARNING: PLEASE READ CAREFULLY BEFORE SIGNING
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
I represent that I am either the guest or, if the guest is a minor/child, that I am the parent or legal guardian of the guest. I UNDERSTAND THAT HORSEBACK RIDING, HIKING, GUIDED HIKING, MOUNTING BIKING, GUIDED MOUNTAIN BIKING, FISHING, GUIDED FISHING, ATV TOURS, RIVER RAFTING, SHOOTING SPORTS, ARCHERY, GOLD PANNING, EVENING PROGRAM, TRANSPORTATION, AND/OR USING ANY OF THE RANCH FACILITIES, including but not limited to use of the parking lots, walkways, lodges, restaurants, vehicles, natural and man-made features and ranch facilities, for any purpose (the “Activity”), CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I AGREE THAT “RANCH FACILITIES” AND “ACTIVITY” ALSO INCLUDE, BUT ARE NOT LIMITED TO, HORSE RIDING LESSONS, TRAIL RIDES, GROOMING, WALKING, TROTTING AND LOPING, TRAP SHOOTING, RIM FIRE SHOOTING, VOLLEYBALL, ZORB, SOCCER, DANCING, FIRE ENGINE GAMES, CAMPFIRES, SOCCER, POOL AND HOTTUB FACILITIES, AMENITIES, TRANSPORTATION TO AND FROM THE FACILITIES WITH OR WITHOUT RANCH EQUIPMENT OR VEHICLES, AND ANY OTHER FAMILY OR ADVENTURE ACTIVITY AVAILABLE AT OR THROUGH THE RANCH, WITH OR WITHOUT SUPERVISION.
I understand that risks related to the Activity include but are not limited to: falling or loss of balance; muddy, slick or uneven surfaces; navigating, whether on foot, horseback, ATV or any by other means of transportation, trees, downed timber, forest growth, rocks, drainage channels, streams, creeks, holes, bumps, debris, other rugged mountainous terrain, marked and unmarked obstacles, unmaintained or unmarked trails/roads or trail obstructions, rockslides and any other terrain; collisions or encounters with natural or man-made objects, other people, ATV, livestock, wild animals and/or motor vehicles; unpredictable, undesirable, or unexpected horse behavior; the negligence or failure of the guest, Ranch owners, employees or agents, or other guest to act safely (including an instructor/guide/wrangler’s selection of terrain that exceeds the guest’s ability) or within their own ability including failure to stay within designated areas and comply with signage/directions/instructions; falling branches, debris or material from natural or man-made sources; equipment malfunction, failure or damage; improper use or maintenance of equipment; mounting, entanglements, or falls from horses, ATVs, vehicles, rafts or other apparatus used in the Activity; drowning; varying visibility, storms, lightning, hail, sun, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; the guest’s health condition, physical exertion, exhaustion, dehydration, hypothermia, sunburn, altitude sickness, or frostbite; and/ or mental distress from exposure to any of the above.
I agree that the guest assumes responsibility for maintaining safety at all possible times while engaging in the Activity and for reading, understanding and complying with all instruction, direction and signage, including instructions provided prior to attendance at the Ranch. The guest must have the physical health, dexterity and knowledge to safely participate in the Activity. I understand that a minor Guest may participate in the Activity without an adult present. I further understand that the Ranch is a working cattle ranch and that livestock, staff and equipment may be encountered at any time and that falls, collisions, and injuries can occur.
RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE (OR FOR THE GUEST TO PARTICIPATE) IN THE ACTIVITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
In consideration for allowing the guest to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE 310613 B.C. Ltd. (dba Three Bars Cattle and Guest Ranch), Beckley Partners Ltd., any of their afﬁliated companies and subsidiaries, the Ranch owner/operator, land owner, lessor, lessee, activity operator, the equipment manufacturer, Her Majesty The Queen In Right Of The Province Of British Columbia, and all their respective insurance companies, successors in interest, commercial & corporate sponsors, afﬁliates, agents, employees, representatives, assignees, ofﬁcers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR THE GUEST MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE GUEST’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO TRAIN, SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.
In consideration for allowing the guest to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW
I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING LEGAL FEES, WHETHER ARISING IN WHOLE OR IN PART FROM THE GUEST’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT
I AGREE THAT ANY AND ALL CLAIMS for injury, death and/or loss regarding an alleged incident SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA and EXCLUSIVE JURISDICTION shall be in a court of competent jurisdiction in the Province of British Columbia.
I acknowledge that all helmets are available for all guests when participating in horse riding activities, and are mandatory for kids 12, and under. Riding boots are mandatory for all horse riding activities. Life jackets are mandatory for all water activities. Helmets are mandatory for all ATV activities. Proper safety equipment is required for all sport shooting and archery activities. Failure to adhere to the instructions of any Ranch employee with respect to safe conduct and safety equipment is not acceptable and shall be grounds for immediate removal from the Ranch, without refund. By attending at the Ranch, I grant the Released Parties the right of publicity to own and use any image collected of guests while participating in the Activity. I acknowledge traveler/medical insurance can be obtained for me or the Guest, and if none is obtained I may be responsible for medical costs incurred in the event I am injured while participating in the Activity.
BY SIGNING ON BEHALF OF A MINOR, I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE GUEST, I authorize a licensed physician or other medical care provider to carry out any emergency medical care for the guest, and I acknowledge that the guest shall be bound by all the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent that I am at least 19 years old.
I understand that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.