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AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY

Please read this contract carefully.  It releases Lost Creek Ranch, Inc. from liability and waives certain rights.

In consideration of being permitted to participate in the guest ranch experience facilitated by Lost Creek Ranch, Inc., d/b/a Lost Creek Ranch & Spa (“Lost Creek”), I, the Participant (or, if the Participant is under the age of 18, I on the Participant’s behalf), understand, acknowledge, and contractually agree as set forth below (the Agreement):

1. Acknowledgement of Dangers and Risks:  I understand, acknowledge, and agree that participating in the guest ranch experience facilitated by Lost Creek, which experience may entail various activities including horseback riding, team penning, hiking, hay wagon rides, swimming, skeet shooting, yoga and other fitness instruction, games and any transport by Lost Creek to and from these activities (hereinafter the “Activity”) can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that I am a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121 et. seq.) and that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by Lost Creek, the presence of which are integral to the recreational nature of the Activity. I understand and agree that the following is a list of inherent dangers and risks that could cause physical or emotional injury or death, but that it is not exhaustive – I understand that there are many other dangers or inherent risks associated with the Activity not listed below: 1) Risks associated with horseback riding, team penning and hiking, including: traveling in mountainous or wilderness areas, both on and off trails; errors in guide or wrangler judgment or lapse in guide or wrangler skill; failure or malfunction of equipment or tack, including slipping saddles; falling off an equine or bovine animal; being thrown from, bucked off, kicked by, stepped on, or bitten by an equine or bovine animal; being caught in tack or ropes and dragged by an equine or bovine animal; allergic reactions to equine or bovine animals; other injurious contact with equine or bovine animals, equipment, or fencing; all risks generally associated with the wild nature of equine or bovine animals, including unexpected spooking or behavior that may result in injury or harm to or death of Participant while on or around equine or bovine animals; unpredictable reactions of equine or bovine animals to such things as medication, lights, sounds, sudden movement and unfamiliar objects, vehicles, persons, wildlife, or other animals; hazards such as surface and subsurface ground conditions; collisions with other equine or bovine animals or objects; the failure of other participants to maintain control over equine or bovine animals; Participant’s own failure to act within Participant’s abilities; rough or unmaintained trail; slipping; tripping; falling; unmarked obstacles; collisions with natural and man-made objects; getting lost; and collisions with other trail users. 2) Risks associated with hay wagon rides, including: falling from or being thrown from a hay wagon; being hit by or run over by hay wagon; hay wagon equipment malfunction or failure; overturning of hay wagon; unexpected spooking or other behavior by equine animals pulling hay wagon; being stepped on, kicked or bitten by equine animals pulling wagon; being otherwise injured by a “runaway” wagon. 3) Risks associated with swimming, and being in or around water, including: falling into water; water immersion; drowning; jumping; diving; slippery surfaces; overheating; bacterial or viral infection. 4) Risks associated with skeet shooting, including: being shot with firearm ammunition; injuries associated with discharging a firearm; poor marksmanship by co-participants; hearing loss; and being struck by or injurious contact with clay targets; failure of any firearm or equipment; and errors in instructor judgment, or lapse in instructor skill. 5) Risks associated with yoga, Pilates and fitness classes, including: overstretching or over-exertion; failure to understand or properly follow instructions; slipping, tripping, or falling; and instructor error or poor judgment. 6) Risks associated with transport in a motor vehicle, including: all commonly understood risks of riding in a vehicle; being struck or other injurious contact with vehicles; falling out of a vehicle; injurious contact with equipment being unloaded from vehicles; risks associated with riding in a vehicle in remote terrain on backcountry or four-wheel-drive roads; and lapse in driver judgment or skill. 7) General risks associated with all activities at Lost Creek Ranch, including: injurious contact with any and all domestic animals on the ranch; allergen exposure; exposure to dangerous wildlife or insects; snake bites; bee stings; flying man-made objects such as balls, frisbees, and horseshoes; falling trees; storms; moving objects associated with extreme weather; wind; hail; lightning; temperature fluctuations; extreme or partial darkness; wildfire or uncontrolled camp fire; landslides; rock-fall; mudslides; burns or burning associated with campfires, branding irons, hot surfaces, and sun exposure; dangerous water crossings while hiking or horseback riding; all manner of outdoor injuries including brain injury, spinal injury, broken bones, burns, internal injury, sickness or disease, exposure to food-borne, water-borne, or airborne bacteria, virus, or pathogens (including but not limited to contraction of COVID-19); exacerbation of Participant’s own health condition(s); hypothermia, sunburn, frostbite, heatstroke, dehydration, hyponatremia, and altitude sickness; mentally or physically unstable or criminal trip participants; negligence by trip participants; getting lost; errors in wrangler, guide, instructor or staff judgment, or lapse in skill; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above.  I understand that Lost Creek Ranch has done its best to list the known risks of participating in the Activities, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activities.

For those activities that are not “recreational” in nature as defined in the Wyoming Recreation Safety Act, such as my attendance at the spa or participation in any spa treatments including but not limited to massage, I acknowledge that the following risks are inherent, may cause injury, or in rare cases, death, and I knowingly assume them: skin removal, redness, tenderness, itching, swelling, thinning, and sensitivity; exposure to chemicals; superficial bruising; short-term muscle soreness; exacerbation of undiscovered injury; adverse reactions due to medications; light-headedness, dizziness; and overheating.

2.  Assumption of Risk:  I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and I freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1, above, that may result in physical or emotional injury, property damage, or death.

3.  Participant’s Responsibilities and Representations:  I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with Lost Creek the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that I am responsible for truthfully disclosing and notifying Lost Creek of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis or other adverse physical reactions or conditions. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that, in the event I choose to consume alcohol during my guest ranch experience, I will bear sole responsibility for myself and for any damages I may cause to Lost Creek, its property or to other guests.  I am not relying on any prior oral, written, or visual representations made by Lost Creek, including in any website or promotional materials, to induce me to participate in any aspect of the guest ranch experience activity. With all of the foregoing in mind, I assume full responsibility for my own safety.

4.  Release of Liability and Agreement Not to Sue:  Fully understanding the foregoing paragraphs, and in exchange for Lost Creek’s agreement to allow the Participant to participate in the Activity and to be a guest at Lost Creek, I HEREBY AGREE NOT TO SUE LOST CREEK RANCH, INC., its affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, members, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’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 (but not including gross negligence or intentional conduct).

5.  Agreement to Indemnify:  I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, undersigned will be required to pay back to any and all Released Party all sums of money incurred by, or paid by or on behalf of, any Released Party on account of the bringing of such suit or claim, including all attorneys’ fees and costs.  

6.  Medical Authorization, Release, and Indemnification:  I hereby 1) authorize the Released Party to undertake any emergency medical care for Participant; 2) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following Participant’s transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for Participant; 4) agree to pay all costs associated with the medical care and related transportation provided for the Participant; and 5) shall indemnify and hold harmless any Released Party from any and all liability and/or claims associated with such medical care and/or related transportation.

7.  Application of Agreement to Minor Participants:  In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my own behalf, but that I am signing on behalf of the minor, and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and I sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.

8.  Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract:  I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.

9.  Agreement to Application of Wyoming Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Wyoming law, and that the exclusive jurisdiction for any claim shall be in the Teton County, Wyoming District Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.

10.  Miscellaneous Provisions:  I agree that Lost Creek may utilize my photograph or video of me participating in the Activity for any purpose, and that any such image is the property of Lost Creek. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment upon this Agreement is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that Lost Creek is not a common carrier.

I HAVE CAREFULLY READ THE FOREGOING THREE-PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS.  I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I MAY OTHERWISE HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.

Today's Date: January 28, 2023

First Guest's Name

First Name*

Last Name*
First Guest's Date of Birth*
I certify that I am 18 years of age or older
First Guest's Signature*
Second Guest's Name

First Name*

Last Name*
Second Guest's Date of Birth*
Third Guest's Name

First Name*

Last Name*
Third Guest's Date of Birth*
Fourth Guest's Name

First Name*

Last Name*
Fourth Guest's Date of Birth*
Fifth Guest's Name

First Name*

Last Name*
Fifth Guest's Date of Birth*
Sixth Guest's Name

First Name*

Last Name*
Sixth Guest's Date of Birth*
Seventh Guest's Name

First Name*

Last Name*
Seventh Guest's Date of Birth*
Eighth Guest's Name

First Name*

Last Name*
Eighth Guest's Date of Birth*
Ninth Guest's Name

First Name*

Last Name*
Ninth Guest's Date of Birth*
Tenth Guest's Name

First Name*

Last Name*
Tenth Guest's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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