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HORSESHOE CANYON RANCH

WAIVER LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK AGREEMENT


THIS IS A LEGALLY BINDING RELEASE, WAIVER AND INDEMNIFICATION OF LIABILITY AND EXPRESSES ASSUMPTION OF RISK AGREEMENT (“Waiver”). Please read it carefully, fill in all blanks, and place your initials before each paragraph prior to signing.

1. I, (“Undersigned”) hereby affirm that I have read this Waiver in its entirety. My signature below and by my initialing each paragraph, I agree to each and every term and condition of this Waiver.


2. I am aware and am thoroughly informed of the inherent risks and hazards of climbing (including rock climbing) and all other recreational activities at HCR OpCo LLC dba Horseshoe Canyon Ranch in Newton County, Arkansas, located at HC 70, 261, Jasper, AR 72641 (“Property”). I UNDERSTAND THAT THERE ARE DANGERS AND RISKS INHERENT IN THESE ACTIVITIES, INCLUDING THE RISK OF SERIOUS PERSONAL INJURY, PARALYSIS, AND DEATH. I understand that the risks and hazards of these activities include but are not limited to: being hit or crushed by falling rocks, equipment, climbers, riders, or other debris generally; head injuries; sprained or broken bones; drowning; poisonous snakes, plants and/or animals; dehydration; hypothermia; and injury due to the negligence of myself and/or others. I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other hazards and risks inherent in: participating in the zipline, via ferrata, or quick jump; climbing (including rock climbing), bouldering, and rappelling; biking (including mountain biking); archery; skeet shooting; camping; hiking; kayaking, canoeing, swimming, and wading in ponds, creeks, rivers, swimming pools, and hot tubs; activities undertaken for exercise, education, relaxation or pleasure, including viewing or enjoying historical, archeological, scenic or scientific sites; and all other recreational activities at the Property. I also understand that any of the injuries described above are not limited to the foregoing activities, but may also occur walking or otherwise traversing on any part of the Property. 


 

3. I also understand that there are natural and manmade hazards on the Property, and I assume all risks in connection with such hazards. These may include native and non-native wildlife, livestock, potentially harsh weather and geophysical conditions, terrain of all types, stable and unstable, surface and subsurface conditions, all waters, moving or not, both above and below ground, and the presence of others who also may be engaging in activities on the Property. 


4. I further agree and understand that the Property, its operators, and its owners assume no liability for damages or injury to the person or property of Undersigned occurring on the Property, whether allegedly negligent or intentional. I understand that the Property owners or their representatives may need to respond to accidents and potential emergency situations. Therefore, I hereby give my consent for any medical treatment that may be required during my entrance onto and use of the Property with the understanding that the cost of any such treatment will be my responsibility. 


 

5. I understand that the camping areas, roads, trails, and climbing routes MAY NOT BE MAINTAINED. I understand that there are hidden or obvious, natural or unnatural, DANGEROUS conditions at the Property, and I understand and agree that the Property and its owners have NO DUTY TO INFORM ME OF THESE CONDITIONS. 


6. IN CONSIDERATION FOR BEING ALLOWED TO ENTER THE PROPERTY and use it for recreational purposes, including, but not limited to, participating in the zipline, via ferrata, or quick jump; climbing (including rock climbing), bouldering, and rappelling; biking (including mountain biking); archery; skeet shooting; camping; hiking; kayaking, canoeing, swimming, and wading in ponds, creeks, rivers, swimming pools, and hot tubs; activities undertaken for exercise, education, relaxation or pleasure, including viewing or enjoying historical, archeological, scenic or scientific sites; and all other recreational activities at the Property: 


a. I, ON BEHALF OF MYSELF, MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS, AND ANYONE CLAIMING ANY INTEREST THROUGH ME, OR ON MY BEHALF, HEREBY EXPRESSLY, KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY, AND AGREE TO HOLD HARMLESS HORSESHOE CANYON RANCH, ITS OWNERS, OPERATOR(S), FAMILY MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, ADVISORS, AND OFFICERS, OR ALL PERSONS OR ENTITIES WITH A PROPERTY INTEREST, VESTED OR UNVESTED, IN THE PROPERTY, AND OTHER USERS (COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES”), FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, AND LIABILITY (INCLUDING ATTORNEY FEES AND COSTS), THAT I, MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS, AND ANYONE CLAIMING ANY INTEREST THROUGH ME, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF MY ENTRANCE ONTO AND USE OF THE PROPERTY, WHETHER SUCH DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH RESULTS FROM NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR FROM SOME OTHER CAUSE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS RELATING TO ADMINISTERED MEDICAL TREATMENT AND FOR WRONGFUL DEATH. 


b. I UNDERSTAND AND AGREE THAT NONE OF THE RELEASED PARTIES MAY BE HELD LIABLE OR RESPONSIBLE IN ANY WAY TO ME OR MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS, OR ANYONE CLAIMING ANY INTEREST THROUGH ME, FOR ANY INJURY, DEATH, OR OTHER DAMAGES THAT MAY OCCUR AS A RESULT OF MY ENTRANCE ONTO OR USE OF THE PROPERTY OR AS A RESULT OF THE NEGLIGENCE OF ANY PARTICIPANT OR PARTY, INCLUDING THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I UNDERSTAND AND EXPLICITLY AGREE THAT NEITHER MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS, OR ANYONE CLAIMING AN INTEREST THROUGH ME, WILL BRING ANY LEGAL ACTION WHATSOEVER AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF SUCH DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY THAT ARISES OUT OF MY ENTRANCE ONTO OR USE OF THE PROPERTY OR AS A RESULT OF THE NEGLIGENCE OF ANY PARTICIPANT OR PARTY, INCLUDING THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. 


c. I hereby personally assume all risks, whether foreseen or unforeseen, in connection with my entrance onto or use of the Property, for any harm, injury, including paralysis or death, that may befall me or my property while I am on the Property, including the risk of negligence of any party or participant, including the Released Parties. 


d. I hereby agree to PROTECT, HOLD HARMLESS AND INDEMNIFY the Released Parties for any and all damages and costs they incur, including attorney fees and costs, from any claims, suits, or actions brought or threatened against any of the Released Parties by anyone claiming to have been injured as a result of any injury or death, to me or my property arising out of my entrance onto or use of the Property. 


7. By signing this Waiver, it is my intent to release, waive, and indemnify all of the Released Parties from liability connected with my entrance onto and use of the Property (including, but not limited to, the negligence of the Released Parties, whether passive or active), and to personally assume all risk of injury, death, or property damage. 


8. I understand that the terms herein are contractual and not a mere recital, and that I have willingly signed this Waiver voluntarily and of my own free act for the consideration expressed herein. If any part of this Waiver is held unenforceable, such part shall be stricken and the remainder of this Waiver shall continue to be in full force and effect.


9. I further state and represent that I am eighteen (18) years of age or older and am otherwise competent to execute this Waiver, or that my parent or legal guardian is also consenting by signing below. 


10. I have read and understood this waiver, liability release and express assumption of risk, and sign this Waiver on behalf of myself and my heirs. 


Date: September 7, 2024

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I agree to all of the above on behalf of myself, my spouse, my children, our heirs, successors, and assigns. Signature of Parent or Legal Guardian (if under 18 years of age):



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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