IN CONSIDERATION of the above-referenced Participant’s entry and use of the property known as the “4M Ranch” in Hood and Erath Counties (“Property”), Participants, individually, and on behalf of each minor child Participant, do assume all risks related to the Property and any activities on the 4M Ranch and do hereby fully release and forever discharge 4M RANCH, MMMM Ranch, LTD., MOORING MANAGEMENT COMPANY, LLC., and their agents, employees, officers and partners (general or limited) (collectively “4M RANCH”), from any and all liability to Participant (minors or otherwise), their personal representatives, assigns, heirs and next of kin, for any damage to or loss of property and any personal injury or death to Participants or any one or more of the foregoing, arising directly or indirectly out of any acts, conditions, defects, hazards, entry or presence on or about the 4M Ranch or any other use of the real or personal property while on the 4M Ranch, INCLUDING ANY DAMAGE, LOSS OR INJURY THAT IS CAUSED BY ANY ACT OR OMISSION ON THE PART OF 4M RANCH, INCLUDING ANY NEGLIGENT CONDUCT OF 4M RANCH but excluding any gross negligence or willful misconduct of 4M RANCH. IT IS THE EXPRESS INTENTION OF PARTICIPANTS, INDIVIDUALLY AND AS THE PARENT AND/OR GUARDIAN OF EACH MINOR CHILD PARTICIPANT, THAT THE ABOVE RELEASE INCLUDES THE RELEASE OF 4M RANCH FROM THE CONSEQUENCES OF 4M RANCH’S OWN NEGLIGENCE AND ALL CONDITIONS ON THE PROPERTY. THE ONLY CIRCUMSTANCES UNDER WHICH THIS RELEASE OF 4M RANCH DOES NOT APPLY IS WITH RESPECT TO ANY OCCURRENCE RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF 4M RANCH.
PARTICIPANTS FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS 4M RANCH for, from and against any and all liabilities, damages, claims, lawsuits, costs (including court costs, attorney’s fees and costs of investigation), and actions of any kind or description for any damage to or loss of Participants’ property, 4M RANCH property or the property of another, any injury to or death to Participants, or the injury to or death of any other person or any one or more of the foregoing arising directly or indirectly out of the acts, conditions, defects, hazards, entry or presence on the 4M Ranch or any other use of the real or personal property while on the 4M Ranch, INCLUDING ANY DAMAGE, LOSS OR INJURY CAUSED BY ANY ACT OR OMISSION ON THE PART OF 4M RANCH, INCLUDING ANY NEGLIGENT CONDUCT OF 4M RANCH but excluding any gross negligence or willful misconduct of 4M RANCH. IT IS THE EXPRESSED INTENTION OF PARTICIPANTS THAT THE ABOVE INDEMNITY INCLUDES INDEMNIFICATION OF 4M RANCH FROM THE CONSEQUENCES OF 4M RANCH’S OWN NEGLIGENCE. THE ONLY CIRCUMSTANCE UNDER WHICH THIS OBLIGATION TO INDEMNIFY 4M RANCH DOES NOT APPLY IS WITH RESPECT TO AN OCCURRENCE RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF 4M RANCH.
Participants acknowledge that 4M RANCH is not sponsoring or endorsing the event and is only allowing the use of 4M Ranch. 4M RANCH makes no warranties or representations, either express or implied, with regard to the condition of the 4M Ranch or any equipment located therein. PARTICIPANTS DO HEREBY REVOKE, WAIVE AND RELEASE ANY WARRANTIES THAT MIGHT ARISE BY OPERATION OF LAW, PARTICIPANTS AGREE NOT TO USE ANY MOTOR VEHICLES OR OTHER 4M RANCH EQUIPMENT. PARTICIPANT SHALL FULLY AND THOROUGHLY INSPECT ALL PROPERTY, INCLUDING IMPROVEMENTS, LAKES, WATERWAYS, ETC. BEFORE ITS USE AND ACCEPT SAME “AS IS” AND “WITH ALL FAULTS.”
The terms of this Release and Indemnity are contractual and not mere recitals, and such terms are binding upon Participants and their heirs, personal representatives and assigns. This release does not affect or in any way alter the limitations provided to 4M RANCH pursuant to Chapter 75 of the Texas Civil Practice & Remedies Code. The terms of this Release and Indemnity Agreement are to be governed by and construed under the laws of the State of Texas, and venue shall be exclusively in Tarrant County, Texas.
Participants have carefully read this document and its contents, have full authority to execute this document, and have freely and voluntarily executed same. If Participant is a minor, then the parent(s) or guardian of the Participants do hereby consent to, approve and execute this document on behalf of said minor child and themselves in accordance with section 151.001 of the Texas family code.
Today's Date: October 31, 2020