THIS IS A LEGALLY BINDING RELEASE, WAIVER AND INDEMNIFICATION OF LIABILITY AND EXPRESSES ASSUMPTION OF RISK AGREEMENT (“Waiver”). 1. ACKNOWLEDGMENT I, ("Undersigned"), acknowledge that I have read this Waiver in its entirety and understand that participation in activities at Horseshoe Canyon Ranch involves inherent risks, including the risk of serious injury, paralysis, death, and property damage. By signing below, I voluntarily agree to all terms of this Waiver. 2. ASSUMPTION OF RISK I understand and acknowledge the inherent risks associated with all activities conducted at Horseshoe Canyon Ranch, including but not limited to climbing, rappelling, biking, ziplining, via ferrata, hiking, camping, kayaking, canoeing, swimming, archery, skeet shooting, recreational activities, and the use of any equipment or facilities provided by Horseshoe Canyon Ranch. I understand that risks may arise from natural and manmade conditions, including terrain, weather, wildlife, water hazards, falling objects, equipment failure, actions of other participants, negligence of myself or others, hidden or obvious conditions on the property, and the fact that roads, trails, climbing routes, and recreational areas may not be maintained. I voluntarily and expressly assume all risks, known and unknown, foreseen and unforeseen, associated with entering the property and participating in any activity. 3. RELEASE, WAIVER, AND INDEMNIFICATION In consideration for being permitted to enter and use the property, I, on behalf of myself, my family members, heirs, successors, assigns, personal representatives, and anyone claiming through me, voluntarily release, waive, discharge, indemnify, and agree to hold harmless Horseshoe Canyon Ranch, its owners, operators, employees, agents, representatives, advisors, affiliates, and all other released parties from any and all claims, liabilities, damages, losses, costs, expenses, attorney fees, injuries, paralysis, death, or property damage arising out of or related to my entry onto or use of the property, participation in any activity, use of any equipment, or receipt of any medical assistance, including claims arising from the negligence of any released party, whether passive or active. I further agree not to bring or maintain any claim or legal action against any released party arising from my use of the property and agree to indemnify and hold harmless the released parties from any claims brought by third parties arising from my participation in activities on the property. 4. MEDICAL CONSENT AND SEVERABILITY I consent to any emergency medical treatment deemed necessary while on the property and agree that I am solely responsible for any associated costs. I further understand that this Waiver is intended to be as broad and inclusive as permitted by law and that if any portion is found unenforceable, the remaining provisions shall remain in full force and effect. 5. AGE AND VOLUNTARY EXECUTION I represent that I am at least eighteen (18) years of age and legally competent to execute this Waiver, or that my parent or legal guardian has signed below on my behalf. I understand that this Waiver is a legally binding contract, that I have had the opportunity to ask questions regarding its contents, and that I sign it freely and voluntarily. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE WAIVER, LIABILITY RELEASE, AND ASSUMPTION OF RISK AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HORSESHOE CANYON RANCH AND THE RELEASED PARTIES FOR CLAIMS ARISING FROM NEGLIGENCE. I VOLUNTARILY ACCEPT ALL RISKS ASSOCIATED WITH ENTERING THE PROPERTY AND PARTICIPATING IN ANY ACTIVITIES AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT.
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