Please read this contract carefully before signing. It releases Twin Eagle Ranch from liability and waives certain rights. The person who is a guest of the Twin Eagle Ranch shall be referred to hereinafter as “Participant”. The term “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. In consideration for my occupancy and use of the lodging and facilities at the Twin Eagle Ranch and my participation in any recreational or other daily activities at the Twin Eagle Ranch, I, the Undersigned, understand, acknowledge, and contractually agree as follows (the “Agreement”): 1. Acknowledgment of Dangers and Risks: The Undersigned understands, acknowledges and agrees that the recreational activities offered by the Twin Eagle Ranch, including without limitation, hunting, fishing, riding all-terrain vehicles/ATVs and/or side by sides, skeet shooting, horseback riding, mountain biking, kayaking, swimming, canoeing, paddle boarding, archery, snowmobiling and tubing, viewing wildlife or participating in other activities and/or using any of the lodging, facilities or equipment provided by Twin Eagle Ranch, (hereinafter, the “Activity”, whether one or more than one), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH, EMOTIONAL OR MENTAL DISTRESS, PROPERTY DAMAGE AND FINANCIAL LOSS. The Undersigned understands, acknowledges and agrees that the Participant is taking part in a “sport or recreational opportunity” under the Wyoming Recreation Safety Act (W.S. § 1-1-121 et. seq.) and that participation in the Activity involves inherent dangers and risks. Undersigned agrees that the following dangers or risks are inherent to the Activity, but that the following list is not exhaustive, and that there may be other dangers or risks that are inherent to the Activity not listed below: variations in terrain; existing, changing, or otherwise dangerous snow conditions; slick or uneven walking surfaces; surfaces covered with ice and snow; storms, lightening, hail, snow, fog, changing weather, and other adverse weather conditions; difficulty with route finding; high altitude; mechanical and equipment failures or malfunction; unmarked and marked rocks, holes, stumps, trees, cliffs, and closed areas; collisions; avalanches or snow slides; snow immersion; collisions with natural and man-made objects and equipment; falling; equipment damage; slipping; tripping; loss of balance; varying visibility; unmaintained trails; path and/or trail obstructions; encountering terrain features; Participant’s own failure to understand and comply with any signage; falling objects; collisions and/or encounters with other snowmobiles, ATVs, bicycles or motor vehicles; lack of shelter; limited access to and/or delay of medical attention; failed or poorly executed attempts of rescue or medical care; Participant’s own health conditions; strenuous activity; fatigue; dehydration; hypothermia; altitude sickness; frostbite; dangerous currents or rapids; drowning; gunshot wounds; arrow wounds; falling off of or being thrown by a horse; bicycle accidents; graphic, disturbing and/or dangerous encounters with wildlife; and physical or bodily injury or death, property damage, and/or mental distress or emotional injury or distress from exposure to any of the above. The Undersigned acknowledges that the injuries and/or damages sustained by Participant may result from or be compounded by the actions, omissions or negligence of employees or representatives of Twin Eagle Ranch or others, including negligent emergency response or rescue operations. 2. Assumption of Risk: Undersigned acknowledges and agrees that Participant is choosing to take part in the Activity despite many potential dangers and inherent risks of doing so; and further acknowledges and agrees that there are other such dangers that may not be specifically set forth in this document. By signing this Agreement, the Undersigned recognizes that property loss, injury, serious injury, death, and emotional or mental distress are all possible while participating in the Activity. The Undersigned expressly acknowledges and assumes all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in Paragraph 1 above, whether inherent or not, that may result in physical injury, property damage, or death, or emotional or mental distress. 3. Participant’s Responsibilities and Representations: The Undersigned represents that the Participant is in good health and physical condition, does not have any medical or other conditions that would impair the Participant’s ability to participate in the Activity, and is physically and mentally capable of participating in the Activity. Participant assumes the responsibility of acting safely at all times while engaged in the Activity. Participant is responsible for reading, understanding and complying with any signage. Participant agrees and understands that he or she must have the physical dexterity, knowledge and/or skill required to use any facilities or equipment provided by Twin Eagle Ranch and to engage in the Activity, without the assistance or supervision of ranch staff. Participant understands that wildlife in the vicinity may be dangerous, and agrees to refrain from interacting with wildlife. Further, the Undersigned understands that a minor Participant may use the facilities and equipment and engage in the Activity without an adult present, and represents by signing this document that Participant has the training, experience and skill to use the facilities and equipment and to engage in the Activity alone and without the help or supervision of anyone else. 4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for the Twin Eagle Ranch’s agreement to allow the Participant to participate in the Activity, THE UNDERSIGNED HEREBY AGREES NOT TO SUE Twin Eagle Ranch LLC, its affiliated companies and/or subsidiaries, including but not limited to those that operate the Twin Eagle Ranch, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assigns, officers, directors, owners or 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 or any emergency or medical assistance provided to Participant. By signing this Agreement Not to Sue, the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party. Also, the Undersigned agrees 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 or use or occupancy of any portion of the Twin Each Ranch premises or any facilities, equipment or amenities located on or offered by the Twin Eagle Ranch, or from any emergency or medical assistance provided to Participant, 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. 5. Agreement to Indemnify: Undersigned agrees 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 or from Participant’s use or occupancy of any portion of the Twin Eagle Ranch premises or any facilities, equipment or amenities located on or offered by the Twin Eagle Ranch. IN OTHER WORDS, IF PARTICIPANT AND/OR ANYONE ON PARTICIPANT’S BEHALF FILES ANY LAWSUIT OR BRINGS ANY CLAIM FOR INJURY OR DAMAGE AGAINST RELEASED PARTIES, UNDERSIGNED WILL BE REQUIRED TO PAY BACK ALL SUCH RELEASED PARTIES ALL SUMS OF MONEY INCURRED BY, OR PAID BY OR ON BEHALF OF ANY OF THE RELEASED PARTIES ON ACCOUNT OF THE BRINGING OF SUCH SUIT OR CLAIM, INCLUDING ALL ATTORNEYS’ FEES AND COSTS. 6. COVID-19 Waiver of Liability and Indemnification: Undersigned acknowledges that because the Twin Eagle Ranch is open for use by other individuals, Undersigned is at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge and covenant not to sue any of the Released Parties from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage or injury, including death, that may be sustained due to Undersigned or any person accompanying Undersigned contracting COVID-19 or any other illness or disease while visiting Twin Eagle Ranch or participating in any Activity or using any facilities, tools, equipment, materials, lodging or dining facilities on or around Twin Eagle Ranch. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses and/or liabilities (including attorneys’ fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from, or related to my occupation and/or use of, the Twin Eagle Ranch facilities, tools, equipment, materials, lodgings or dining facilities or my engagement in any Activity thereon, whether or not caused by negligence of the Released Parties or otherwise, and whether or not specifically related to COVID-19. 7. Emergency and Medical Authorization, Release, and Indemnification: The Undersigned: 1) authorizes any employee or representative of Twin Eagle Ranch or any other person to engage in such response and rescue operations as they deem appropriate to assist Participant in the event of an emergency; 2) authorizes a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; 3) authorizes any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 4) agrees that, following Participant’s transport to any such medical facility or hospital, the Released Party shall have no further responsibility for Participant; 5) agrees to pay all costs associated with the medical care and related transportation provided for the Participant; and 6) shall indemnify and hold harmless (as set forth in Paragraphs 5 and 6, above) the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation. 8. Application of Agreement to Minor Participants: In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and signs this document out of a desire to have the Participant be allowed to participate in the Activity. 9. Representation of Capacity and Authority to Contract: If signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age, and that he/she acknowledges and intends to be bound by all the provisions of this Agreement. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant, and agree and represent that they have the legal right to bind both themselves and the minor Participant to the terms of this Agreement. The Undersigned agrees to indemnify the Released Parties for all liability and claims, including attorneys’ fees, arising from any misrepresentations or fraudulent execution of this Agreement. 10. Acknowledgment that Agreement is a Binding Contract: The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, successors, heirs, next of kin, executors and personal representatives of the Undersigned. 11. Agreement to Application of Wyoming Law and Selection of Forum; WAIVER OF JURY TRIAL: In consideration for allowing Participant to participate in the Activity, the Undersigned agrees that any and all claims for injury and/or death arising from Participant’s participation in the Activity shall be governed by Wyoming law. PARTICIPANT AGREES THAT THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY CLAIMS OR SUITS FOR INJURY AND/OR DEATH ARISING FROM PARTICIPANT’S PARTICIPATION IN THE ACTIVITY SHALL BE IN THE STATE DISTRICT COURT OF SUBLETTE COUNTY, WYOMING, TO BE DECIDED IN A BENCH TRIAL BY A JUDGE SITTING WITHOUT A JURY, AND PARTICIPANT HEREBY IRREVOCABLY WAIVES ANY OBJECTION TO SUCH EXCLUSIVE JURISDICTION OR ANY CLAIM THAT SUCH JURISDICTION IS INCONVENIENT OR OTHERWISE IMPROPER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT HEREBY IRREVOCABLY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING FROM OR RELATED TO PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY CHILD OTHERWISE MAY HAVE. BY AFFIXING YOUR ELECTRONIC SIGNATURE TO THIS DOCUMENT, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT
Today's Date: January 3, 2025 |
