For and in consideration of the right to enter that certain real property consisting of 715 +- acres all improvements thereon located in Crockett, Houston County, Texas (the “Ranch”), owned, operated and/or managed by PINE ACRES LAND & CATTLE COMPANY, LLC, COLE’S BUCKS & BOARS, INC., and/or COLE’S LEGEND RANCH, INC., and in consideration of the right to participate in Ranch Activities, as hereinafter defined, and to use the Ranch for recreation purposes, I hereby agree to the following on behalf of myself, my personal representatives, guests and/or clients and their guests, heirs, next of kin and minor children who accompany me to the Ranch:
ASSUMPTION OF RISK
I am/we are entering the Ranch for the purposes of engaging in recreation activities, including, without limitation, one or more of the following activities: hunting with firearms/archery, shooting, fishing, swimming, boating, water sports, camping, horseback riding, picnicking, hiking, pleasure driving (including off-road motorcycling, off-road automobile driving, the use of off-road, all-terrain vehicles), operating farm and ranch equipment, nature study (including bird-watching), bicycling and mountain biking, dog walking or any other activity associated with enjoying nature or the outdoors (collectively, “Ranch Activities”).
I AM AWARE THAT HUNTING AND/OR OTHER SHOOTING ACTIVITIES INVOLVING FIREARMS ARE INHERENTLY DANGEROUS ACTIVITIES IN WHICH THE USE OF FIREARMS IN CLOSE RANGE OF OTHERS SOMETIMES OCCURS, THAT THE RANCH MAY HAVE THORNS, POISIONOUS PLANTS, SNAKES, INSECTS OR OTHER DANGEROUS WILDLIFE, THAT THE RANCH MAY CONTAIN HIDDEN OBSTRUCTIONS, ROUGH TERRAIN OR OTHER NATURAL OR MANMADE OBJECTS WHICH MAY BE DANGEROUS TO HUNTERS AND/OR THEIR VEHICLES, AND THAT HUNTERS MUST LOOK OUT FOR THEIR OWN SAFETY FROM OTHERS BEARING FIREARMS ON THE RANCH AS WELL AS PHYSICAL CONDITIONS WHICH MAY EXIST ON RANCH.
I am aware that the Ranch Activities are inherently dangerous and that participation in the Ranch Activities involves the risk of bodily injury or death, property loss or damage. By my execution below, I hereby acknowledge that I/we have voluntarily chosen to participate in Ranch Activities, individually and with persons I may or may not know. I understand the risks danger(s) involved and hereby agree to accept any and all risk of bodily injury, death, property loss or property damage which may occur in connection with my participation in Ranch Activities or the participation of my guests or minor children. I hereby agree that I will abide by all federal, state, county or laws, rules and regulations regarding the hunting and taking of fish and game.
WAIVER OF CLAIMS, RELEASE OF LIABILITY, INDEMNIFICATION AND HOLD HARMLESS
By my execution below, I, the undersigned, for myself and for my minor children participating in Ranch Activities and for my personal representatives, heirs and next of kin, do hereby unconditionally RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Pine Acres Land & Cattle Company, LLC, Cole’s Bucks and Boars, Inc., or Cole’s Legend Ranch, Inc., or any of their respective members, owners, shareholders, directors, officers, employees, agents, guests, insurers and attorneys, (collectively referred to as “Releasees”) from any and all claims, demands, and/or causes of action, including, without limitation, claims for bodily injury, death, loss or theft of property, and property damage, that I, my heirs, my minor children, my legal representatives or my successors or assigns now have, or may in the future have, for any injury (including without limitation, personal injury or death to my person and/or my minor children) or property damage or property loss arising out of, relating to, or resulting from my/our use or occupancy of the Ranch and/or participation in the Ranch Activities, including, without limitation, injuries or damages resulting, in whole or in part, from the negligence or the gross negligence of any Releasees. The undersigned acknowledges and agrees that this release and waiver includes, but is not limited to, injuries, losses or damages related to exposure to the COVID-19 virus.
I hereby agree to assume full responsibility for and to INDEMNIFY, DEFEND AND HOLD HARMLESS Releasees from any and all claims, causes of action, loss, liability, bodily injury, property damage, or cost (including all attorney’s fees, costs of court, and hospital and medical expenses) arising out of, relating to, or resulting from my, my minor children’s, my guest’s, my agent’s or my employee’s visit to or use of the Ranch or participation in Ranch Activities, including, without limitation, claims, causes of action, loss, liability, bodily injury, property damage or costs (including all attorney’s fees, costs of court, and hospital and medical expenses) resulting, in whole or in part, from the negligence or the gross negligence of any Releasees.
I UNDERSTAND THAT THE WAIVER OF CLAIMS, RELEASE, HOLD HARMLESS AND INDEMNITY STATED HEREIN ARE SPECIFICALLY INTENDED TO BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES INCURRED WERE CAUSED IN WHOLE OR IN PART BY AN ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, OR ANY OTHER CONDUCT WHATSOEVER OF ANY OF THE RELEASEES.
PLEASE READ THIS CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP LEGAL RIGHTS.
I have carefully read this WAIVER OF CLAIMS, RELEASE OF LIABILITY AND ASSUMPTION OF RISK and fully understand its contents. I understand that I have given up substantial rights by signing it and I am aware of its legal consequences. I am aware that this is a release of liability and a contract between myself and the Releasees and have signed it freely and voluntarily, without inducement, assurance or guarantee being made to me and intend my signature to be a complete, permanent, continuing and unconditional legal release of all liability to the greatest extent allowed by law effective for current and all future visits to the Ranch and all other properties owned, operated and/or managed by any of the Releasees. This document is intended to be as broad and inclusive as is permitted by law. If any portion hereof is held invalid, it is agreed that the remaining provisions shall continue in full legal force and effect.
Today's date: August 10, 2022