In this Assumption of Risk, Waiver of Claims, Release of Liability and Indemnity Agreement (hereinafter referred to as the “Agreement”), “Ranch Activities” means and shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by RVR Estates, LLC dba RiverView Ranch (referred to herein as “RiverView Ranch”), including, without limitation, fitness center, lake, water activities, jet ski's, kayaks, paddle boards, hiking, horseback riding, sleigh rides, hay rides, carriage rides, motor tours, sightseeing, use of motor vehicles, including all-terrain vehicles, mountain biking, bicycling, rodeo, archery, sport shooting, use of firearms, paint ball, hunting and fishing, all with or without a guide, and includes the participation, transportation, and instruction in any such activities whether on or off the RiverView Ranch premises and whether on private or public lands.
ASSUMPTION OF RISKS:
I understand and am aware that participating in Ranch Activities involves many risks of potential injury, death, property damage and other loss or damage, including those that are apparent and also inherent and hidden risks, dangers and hazards, including but not limited to, steep, slippery, and uneven roads and trails containing rocks, trees, ledges, sand, mud, grass, water bars, bumps, ruts, stumps, and brush and the negligence or purposeful acts of other participants and other persons. The Ranch Activities are subject to naturally occurring hazards and dangers of all kinds, including, exposure to weather and climate conditions (including sudden changes and extremes of heat and cold), rugged terrain and ground conditions, hazards associated with water (including flash floods, whitewater, rapids and whirlpools), hazards associated with animals, reptiles, insects, and ground surface and other terrain and topographical variations and conditions. In addition, participants may encounter hazards and dangers that are the result of equipment, vehicles and other materials, goods, clothing and otherwise, including risks of inadequacy, malfunction, misuse, defect, or other failure. There are NO LIFEGUARDS on duty throughout the RiverView Ranch facilities including our lakes, ponds, and at the river. Participation in the Ranch Activities requires physical fitness, coordination, balance, strength, endurance, speed, ability to react, mental capacity, talent and ability and, because of such physical demands, necessarily carries inherent and unpredictable risks of injury of all kinds, as well as risks of death due to the physical demands, regardless of the participant's physical capacity. I warrant and represent that I am in good health and accept responsibility for any medical expenses incurred in connection with the Ranch Activities. I understand that even minor injuries can become life threatening when they occur far away from rescue personnel, and that it may take a great deal of time for rescue personnel to locate and reach an injured person. Specifically, with regards to horseback riding, I understand that horses are unpredictable animals and that no horse is a safe horse, and that there are significant risks of injury inherent and associated with horses and horse related activities, including, but not limited to trailering, loading, boarding, riding, training, lessons, grooming, saddling, feeding and caring for horses. Despite the risks involved in the Ranch Activities, and in consideration of the right to participate in the Ranch Activities, I FREELY, WILLINGLY, FULLY AND EXPRESSLY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND THE ENTIRETY OF THE LOSS AND DAMAGE THAT MAY OCCUR TO ME AS A RESULT OF MY AND/OR MY CHILDREN’S PARTICIPATION IN ANY RANCH ACTIVITIES.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY:
In consideration for being permitted to participate in the Ranch Activities, the receipt and sufficiency of which is hereby acknowledged:
1. I, MY HEIRS, SUCCESSORS, LEGAL REPRESENTATIVES AND ASSIGNS, KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE RIVERVIEW RANCH, its officers, directors, members, managers, agents, employees, and volunteers from and against any and all claims, losses, damages, costs and expenses of any nature which are related to, arise out of, or are in any way connected with my participation in the Ranch Activities including, but not limited to negligence of any kind or nature of RiverView Ranch, its officers, directors, members, managers, agents employees, and volunteers, whether foreseen or unforeseen, and which result in any damage, loss, injury, paralysis or death to me, my minor child(ren) or to my property as a result of my engaging in Ranch Activities and agree not to sue RiverView Ranch for any such matters.
2. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RIVERVIEW RANCH, its officers, directors, members, managers, employees, agents and volunteers from and against any and all claims, damages, losses, costs and expenses (including without limitation, reasonable attorney fees) arising out of my, my minor child(ren) participation in Ranch Activities, and any claims, complaint, lawsuit or other legal proceeding which may be instituted by third parties against RiverView Ranch arising out of or relating in any manner to my participation in Ranch Activities.
3. I UNDERSTAND THIS IS A RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY that is valid as to each and every occasion on which I participate in Ranch Activities. I understand that this Agreement will prevent me, and my heirs, successors, assigns and legal representatives from filing suit or making any claim for damages in the event of injury, death or property damage arising from my participation in the Ranch Activities. ·With a full understanding of this Agreement, I nevertheless enter into this Agreement freely and voluntarily and agree that that it is binding upon me, my heirs, successors, assigns and legal representatives or any other person acting on my behalf.
4. I UNDERSTAND that RiverView Ranch reserves the right to refuse participation by any person they judge to be incapable of any rigors and requirements for Ranch Activities, provided, however, that this does not create any duty on RiverView Ranch to make such evaluations and the failure to exercise any rights of rejection will not constitute any modification of this Agreement or any of my waivers, releases, agreements or other obligations under this Agreement.
If I am provided with or renting equipment in connection with the Ranch Activities, I accept the equipment “as-is”, and accept full responsibility for the care of the equipment while it is in my possession. I agree that I am responsible for the full replacement value of any equipment not timely returned, and I agree to pay for any damage to the equipment that exceeds normal wear and tear.
I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the Agreement will remain in effect, valid and enforceable. I agree that any action will be subject to and determined under the laws of the State of Montana, and must be brought in a court of competent jurisdiction in Missoula County, Montana, or in U.S. District Court in Montana.
I HEREBY WAIVE ANY RIGHT THAT I MAY HAVE TO TRIAL BY JURY IN ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING WHICH I MAY INSTITUTE AGAINST RIVERVIEW RANCH, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND VOLUNTEERS.
BY SIGNING THIS AGREEMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE RANCH ACTIVITIES OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE.
Parents or Guardians Additional Indemnification (Must be completed for participants under 18 years of age) I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed above; I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that RiverView Ranch relies to its detriment on this representation and would not allow the minor child to participate in its Ranch Activities without this representation. I further agree to indemnify and hold harmless RiverView Ranch from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.