1. River Falls, Lot Owner, and the POA’s. The undersigned Lot Owner(s) is the owner of one or more real property lots in River Falls, a rural subdivision located in Randall County, Texas (River Falls). Lot Owner(s), concurrently with the purchase of a lot at River Falls, automatically became a member of the Red River Falls Property Owners Association, Inc., (RR Falls POA) a Texas non profit corporation or the River Falls Airport Property Owners Association, Inc. a Texas non-profit corporation (the Airport POA), depending on the location of Lot Owner(s) 's lot in River Falls. The RR Falls POA and the Airport POA may sometimes be referred to collectively in this instrument as the POA’s.
2. Refuge 3. Refuge on Red River II, LLC, a Texas limited liability company (the Landlord) and the POA’s, as Tenant has previously entered into a Recreational Lease dated January 8, 2016 (the Refuge 3 Lease), pursuant to the terms of which Refuge 3 Lease Landlord leased to the POA’s approximately 67.444 acres of land (Refuge 3) located in Randall County, Texas, for recreational purposes. Refuge 3 consists of the surface only of the following described real property: a 67.444 acre tract of land in Section 25, Block 6 I.&G.N. R.R. Co. Survey, Randall County, Texas, said tract being described by metes and bounds recorded and available at the River Falls Main POA Office.
3. Acknowledgement of Danger. Lot Owner(s) acknowledges that Refuge 3 is raw, undeveloped land containing canyons, cliffs, water hazards, and very uneven terrain and may contain hidden and unhidden dangers because of the nature of the terrain and the presence of wild animals, and that use of Refuge 3 may pose a threat or danger to the Lot Owner(s) or Lot Owner(s)’s family, guests, or invitees. Lot Owner(s) acknowledges that presence on or use of Refuge 3 may be a very dangerous activity.
4. No Lawsuit. After acknowledging the facts stated in paragraph 3 above, in consideration of the right and privilege of being allowed to use Refuge 3 for recreational purposes, Lot Owner(s), for himself or herself, and for his or her heirs, personal representatives, successors, and assigns, covenants and agrees to forever refrain from instituting, procuring, or in any way aiding any suit or claim for any and all damages or losses arising out of or attributed, directly or indirectly, to the presence of Lot Owner or Lot Owner(s) family, guests, or invitees on Refuge 3, against the following persons and entities (collectively, the Indemnitees):
4.2 the owner(s), officers, directors, employees, or agents of Landlord;
4.3 the families of the owner(s) of Landlord;
4.4 any and all affiliates of Landlord or the owner(s) of Landlord, including, without limitation, any companies or entities owned by the owner(s) of Landlord or the families of the owner(s) of Landlord and their respective owner(s), officers, directors, employees, or agents; and
4.5 each of the foregoing persons, entities, respective heirs, successors, and assigns.
5. Indemnity. Indemnitees will not be liable or responsible for, and Lot Owner(s) must exonerate, protect, indemnify, defend, and hold harmless Indemnitees against all liabilities, expenses, claims, fines, penalties, costs, attorney’s fees, and damages of every kind (whether arising out of or attributed, directly or indirectly, to or resulting from. negligent acts or omissions of Indemnitees, whether caused by the sole negligence of Indemnitees or by the concurrent negligence of Indemnitees), including, without limitation, injury to or death of any person or persons, and for damage to or loss of property, arising out of or attributed, directly or indirectly, to the presence of Lot Owner(s) or Lot Owner(s) family, guests, or invitees on Refuge 3, irrespective of the legal theory upon which any such claim or suit may be based. This indemnification shall extend to the successors and assigns of Indemnitees.