In consideration for being permitted to enter the premises known as Moody Ranch, located in Grimes County (the "Property"), I hereby acknowledge that I knowingly and willingly accept all risks of being on the Property and hereby waive, release, discharge, indemnify and hold harmless all owners, occupiers and tenants of the Property, including but not limited to, Moody Ranch Outfitters, Inc., JD Moody III, Michael Moody, their partners, directors, shareholders, corporate officers, representatives, family members, guests, contractors, volunteers, agents, employees (collectively referred to herein as "Released Parties"), from any and all liabilities, claims, demands or causes of action that I may now or hereafter have for any harm, injuries, damages or death that may occur as a result of being on the Property, even if caused by the sole or concurrent negligence or fault of the Released Parties.
I further acknowledge and understand that no warranty, either express or implied, is made by the Released Parties as to the condition of the Property, or of any roads, trails, buildings, obstructions, pipelines, power lines, fences, gates or other improvements located thereon, or as to the safety of any activities occurring on the Property. This document serves to warn me that dangerous conditions, risks and hazards do exist. My presence and activities on the Property expose me, my family and my personal property to dangerous conditions, risks and hazards, including, without limitation, (i) poisonous snakes, insects and spiders; (ii) erosion pits, holes, caves, loose rock and general conditions of the land, both on and off roadways and waterways, creating rough, hazardous and dangerous driving, walking and other conditions; (iii) unpredictable weather, deep water, fast flowing water, water borne disease and underwater obstructions and other conditions related to the water, fishing and boating; (iv) persons with firearms, bows, and other weapons and hunting activities both on or off the Premises and impaired or intoxicated persons; (v) use by me or others of vehicles, boats, other MRO Equipment, ATV’s and other off road vehicles for a purpose for which they were or were not intended (vi) bites or other injury or disease from dogs, bats or other domestic or wild animals (vii) animals both wild and domestic that may be diseased and/or potentially dangerous (viii) poisonous or barbed plants; blinds and tree stands, whether or not erected by Released Parties and (ix) numerous other risks, hazards and dangers, any and all of which can create conditions, risks and hazards for serious personal injuries or property damage.
I HEREBY STATE THAT I AM AWARE THAT DANGEROUS CONDITIONS EXIST ON OR NEAR THE PROPERTY AND I UNDERSTAND AND KNOW THAT ACTIVITIES AND DANGERS ON OR NEAR THE PROPERTY COULD RESULT IN INJURY, DEATH, ILLNESS OR DISEASE, PHYSICAL OR MENTAL DAMAGE TO MYSELF, MY PROPERTY, TO SPECTATORS, MINORS OR OTHER PERSONS, AND I EXPRESSLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH DANGERS, RISKS AND HAZARDS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING WITHOUT LIMITATION, ALL RISK OF INJURY, DEATH, ILLNESS, DISEASE, OR DAMAGE TO MYSELF, MY PROPERTY OR TO OTHERS AND THEIR PROPERTY, AND I ACCEPT PERMISSION TO ENTER THE PROPERTY IN "AS IS" CONDITION.
I acknowledge, agree, and represent that immediately upon entering the Property and continuously thereafter, I shall inspect every area of the Property which I enter, and if at any time I believe anything to be unsafe, I will immediately leave the area and make any Minor with me leave the area.
INDEMNIFICATION AND RELEASE. In consideration for MRO’s permission to be present upon, hunt, and engage in other recreational activities on or around MRO property or MRO leased properties, and for other good and valuable consideration, I hereby RELEASE, WAIVE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY OF ANY KIND OR CHARACTER, FROM ANY AND ALL RIGHTS, CLAIMS, LAWSUITS, DEMANDS FOR DAMAGES OF ANY KIND OR CHARACTER, WHETHER IN CONTRACT OR IN TORT, OR BASED ON ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, DELIBERATE ACTS PERSONAL INJURY, AND DEATH, ON MY OWN BEHALF AND ON BEHALF OF ALL OF MY HEIRS, EXECUTORS, ASSIGNS AND ANYONE OR ANY ENTITY CLAIMING BY THROUGH OR UNDER ME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS FOR DAMAGES, SUITS, LOSSES, DAMAGES OF ANY CHARACTER WHATSOEVER, WHETHER IN CONTRACT OR IN TORT OR BASED ON ANY LEGAL THEORY OF ANY KIND OR CHARACTER, WHETHER LEGAL OR EQUITABLE, FOR NEGLIGENCE, GROSS NEGLIGENCE OR DELIBERATE ACT, FOR ATTORNEYS’ FEES, AND COSTS, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OR ANY DAMAGE OF ANY SORT WHATSOEVER ARISING ANYWHERE ON MRO’S PROPERTY OR MRO’S LEASED PROPERTIES, whether or not caused by the RELEASED PARTIES’ NEGLIGENCE (whether sole or concurrent, negligent per se or strict liability) or GROSS NEGLIGENCE. I ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, OF ANY TYPE, BROUGHT ABOUT OR CAUSED BY MY ACTIONS, BE THEY INTENTIONAL, NEGLIGENT OR GROSSLY NEGLIGENT WHILE ON THE PROPERTY, OR MRO’S LEASED PROPERTIES.
THE PARTIES EXPRESSLY INTEND THAT UNDER THE TERMS OF THIS AGREEMENT THAT INDEMNITY SHALL INCLUDE INDEMNITY FOR THE NEGLIGENCE OR ALLEGED NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OF THE INDEMNIFIED PARTY, WHERE THAT NEGLIGENCE IS THE CAUSE OF THE LOSS OR DAMAGE. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR ME TO INDEMNIFY MRO, MRO’S OWNERS, MRO’S OFFICERS, DIRECTORS, EMPLOYEES, FAMILY MEMBERS, FOR THEIR ACTS OF NEGLIGENCE whether I am on the Property with express permission or at any other time.
As used herein, the terms “I”, “me”, “my”, and “myself” shall include, but are not limited to, anyone who may accompany me on any trip to the Premises whether that person or persons are related to me or not, and shall also include, but not be limited to, my Dependents and any other minors in my care from time to time while on the Premises. My entry onto the Property and/or participation in any activity thereon is purely voluntary, and I elect to participate in spite of the risks.
IN SIGNING THIS DOCUMENT, I EXPRESSLY ACKNOWLEDGE THAT I AM RELEASING RELEASED PARTIES AND THEIR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, GUESTS AND VOLUNTEERS FROM LIABILITY FOR DAMAGES CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES AND/OR THEIR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, GUESTS OR VOLUNTEERS.
I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM ON THE PROPERTY, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSED THE BODILY INJURY OR PROPERTY DAMAGE. This agreement shall be binding upon my heirs, legal representatives, executors and administrators.
MRO’s POLICES AND REGULATIONS. I agree to and acknowledge MRO’s Policies and Regulations as they are set out in Exhibit A.
UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
USE OF LIKENESS AND MRO TEXTING. I grant MRO permission to use my likeness in photographs, advertising, social media, and or film production without fee or other considerations. I give permission to MRO to text me with an option to opt out with communications regarding my hunt. Msg. & Data rates apply.
ENTIRE AGREEMENT. This document and any exhibit attached constitute the entire understanding and agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, inducements, or conditions, express or implied, oral or written, except as herein contained.
MODIFICATION OR AMENDMENT. This Agreement may not be modified except in writing signed by the Released Parties.
CHOICE OF LAW AND VENUE. The laws of the state of TEXAS shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.I agree that to the extent permitted by law, the sole, exclusive, and mandatory venue for any legal proceeding, action, or suit relating to, arising from, or in any way connected to this Release shall be in Grimes County, Texas, regardless of the nature of the proceeding and regardless of the location or principal place of business of any party; and execution of this Release by the undersigned shall constitute an irrevocable waiver and consent to such venue.
By signing below I represent that I am at least 18 years of age, of sound mind, and not under the influence of any drugs or alcohol at this time, and acknowledge that I have read this document, understand it, or to the extent I do not understand I have consulted an attorney that has explained the Agreement to me to full satisfaction. I am signing this Agreement freely and voluntarily.
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day of July 25, 2021.
MRO Policies and Regulations
- MRO reserves the right to refuse service to anyone for any reason.
- There is no kill guarantee or limit guarantees.
- While on hunt or at lodge, all participants are expected to abide by these policies and regulations and conduct themselves in a safe, respectful, and sportsmanlike manner at all times with MRO staff and each other. If, in the opinion of MRO’s staff, owners, or agents, participants are not abiding by these policies or applicable laws, MRO will stop the hunt for all participants. Offending persons will be required to leave the premises, and no refund of any kind will be made.
- Hunters must have a valid Driver’s License, valid State of Texas Hunting License that covers their particular hunt, any required State and Federal Stamps, and a Hunter’s Identification Card.
- Guest will pay for or reimburse MRO, property owners of leased land, or staff members for any damaged property, injuries to dogs, or medical injuries due to negligence or carelessness of guest.
- No alcoholic beverages are allowed in the field, in route to or from a hunt, or while hunting for safety reasons.
- If you are sleeping in an assigned room at MRO and you move to another room without permission from Michael or JD you will be charged an additional $150.
- All payments are non-refundable.
- MRO reserves the right to cancel a hunt for any reason and will not be responsible for any monies spent by hunters in preparation for the hunt prior to our cancellation.
- If hunters cancel hunts with at least a seven-day notice, we will strive to reschedule to an open date. If MRO can’t accommodate your party, you will lose all deposits, without exception, due to your cancellation.
- Pricing for hunts or other related services are subject to change without notice any time prior to reserving a hunt.
- The balance of the charges are due upon arrival. All participants at registration must sign a liability waiver and indemnity agreement provided by MRO before any activities commence.
- Participants must follow the State of Texas Parks and Wildlife Rules and Regulations and will be subject to inspection from any MRO staff member or Game Warden at anytime.
- A wounded animal is considered a kill. Every effort will be made to locate it. Hunters may not cross fences to hunt or track wounded game. An MRO tracker may be hired to track wounded hogs for an additional fee. Guides will have competent dogs to retrieve fowl, but there are no guarantees that they will find all game. If game is wounded or needs to be tracked, an MRO guide or tracker will be the only one with a gun and will complete the kill for you.
- No personal all-terrain vehicles, RTV’s, Golf carts, or boats are allowed on the ranch or leased properties.
- Littering is strictly forbidden.
- All artifacts, minerals, rocks, sheds, skulls, or plants are the property of the ranch or leased properties and may not be removed from the premises.
- Night hunting, shooting from vehicles, or shooting across a road is strictly forbidden.
- Bird hunters may be allowed to bring a retriever if desired, however, the animal must be at least one year of age, obedient, well disciplined, and have good social temperament around other dogs and people.
- MRO Staff have the right to require that personal retrievers be kenneled if, in the opinion of MRO, the dog becomes a distraction or problem in the field. All dogs must be kenneled or tethered while at lodge. No animals are allowed inside of buildings!
- Cartridges and shells must be removed from guns while in vehicles, at lodge, and before leaving stand or blind so all guns are unloaded and safe at lodge.
- Waterfowl Shot Gun shells must be non-toxic shot.
- Rifles of 270/30-06 class or larger are recommended for hog hunting. Minimum caliber accepted is 223/6mm.
- MRO, staff and their agents shall not be responsible for theft or loss of any items brought by participants.
- In the event game or livestock is taken willfully or inadvertently not related to a contracted hunt, MRO will be entitled to reimbursement for the value thereof in an amount determined by MRO.
- If you choose to deer hunt without a guide the following fees may be accessed. If you shoot a Nubbin Buck you will be charged a $2000 penalty. If you shoot a buck that is NOT 41⁄2 years of age or older you will be charged $2000 PLUS HARVEST FEES! Harvest Fees begin at $1850.
VIOLATION OF ANY ABOVE RULE WILL RESULT IN FORFEITURE OF ALL HUNTING AND LODGING FEES, HUNTING PRIVILEGES AND ALL HUNTERS IN PARTY MUST LEAVE THE RANCH.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to- person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life- threatening illness and even death.
Moody Ranch Outfitters, Inc. is following COVID-19 protocols, as well as, cleaning and sanitizing recommendations.
However, MRO cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing and performing services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to enter into this Agreement and enter onto MRO premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: You have read and understand the above warning concerning COVID-19. And hereby choose to accept the risk of contracting COVID-19 for myself in order to enter into this Agreement to perform services and enter MRO premises. This Agreement and services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to perform services under this Agreement and enter MRO premises.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever RELEASE AND WAIVE MY RIGHT TO BRING SUIT AGAINST MRO AND ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, OFFICIALS, TRUSTEES, AGENTS, EMPLOYEES, OR OTHER REPRESENTATIVES IN CONNECTION WITH EXPOSURE, INFECTION, AND/OR SPREAD OF COVID- 19 related to this Agreement to perform services and enter MRO premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
Date: July 25, 2021