Rugged Mountain Ranch, LLC liability waiver. READ THIS CAREFULLY IT EFFECTS YOUR RIGHTS.
I am voluntarily participating in activities at Rugged Mountain Ranch, LLC and I am participating in these activities entirely at my own risk. In consideration of the risk of injury or death while participating in Hiking, Hunting, Fishing, Off-roading, Horseback Riding, and all other activities that may be engaged in at Rugged Mountain Ranch (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself: my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the aforementioned Activity, and do hereby release and forever discharge Rugged Mountain Ranch, LLC hereinafter (RMR, LLC) which is located at 61 Warr RD, Daisy, Oklahoma 74560, and their affiliates, managers, members agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the activities at RMR, LLC and I am participating in these activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in these activities, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in the Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless RMR, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me, or anyone on my behalf: including attorneys' fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone acting on my behalf. If RMR, LLC incurs any of these types of expenses, I agree to fully reimburse RMR, LLC. I acknowledge that RMR, LLC and their directors, officers, volunteers. representatives are not responsible for errors, omissions, act or failures to act of any party or entity conducting a specific event or activity on behalf of RMR, LLC.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury. and property loss. The risks may include. but are not limited to those caused by terrain, facilities, temperature, weather, lack of hydration condition of participants, equipment, vehicular traffic and actions of others, including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge RMR, LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against RMR, LLC for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence. this release is also for negligence on the part of RMR, LLC its agents and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand I should carry my own health insurance. In the event that any damage to equipment, or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any action of neglect or recklessness.
This agreement was entered into at arm's length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and RMR, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will he used or admitted to alter or explain the terms of this Agreement. but that it will be interpreted based on the language in accordance with the purposes for which it was entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain m full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforces as do limited.
All trail vehicles must have: 4 wheels, steering wheel, safe roll cage, seat belts for all passengers, good brakes, a fire extinguisher, and no leaking fluids.