I, have been given permission by Heroes and Horses to use Heroes and Horses’ ranch and certain of the facilities on the ranch (collectively the “Ranch”) for recreational purposes. I have not given or paid anything to Heroes and Horses in exchange for such permission. Instead, Heroes and Horses has gratuitously allowed me to use the Ranch. I acknowledge that Heroes and Horses’ has made no representation that I am relying on regarding the condition of the Ranch. I acknowledge that, pursuant to Mont. Code Ann. § 70-16-302, Heroes and Horses owes no duty of care to me with respect to the condition of the Ranch, except only to the extent of acts or omissions by Heroes and Horses that constitute willful or wanton misconduct. I understand that accessing and using the Ranch involves those inherent dangers and risks associated with travel and recreation in remote, rustic locations. Such inherent dangers and risks cannot be eliminated and may result in personal injury, death, or property damage. Such inherent dangers and risks may include, but are not limited to: death; concussion, broken bones, lacerations, cuts, bruises, blisters, burns, sprains, strains, and other injuries; exposure to rapidly changing weather conditions, including wind, rain, hail, snow, lightning; hypothermia; hyperthermia; sunburn; heat exhaustion; heat stroke; altitude sickness; bites, stings, kicks, or attacks from snakes, insects, bears, horses, or other wild or domestic animals; contact with poisonous, toxic, or irritating plant life; distance from and inaccessibility to immediate medical attention; unavailability of medical treatment; physical exertion for which I am not prepared or in condition for; travel over rough terrain; falling rocks; and dangers caused by rocks, stumps, gravel, loose dirt, and other marked, unmarked, and hidden natural and manmade obstacles. While recreating on the Ranch, I may choose to engage in recreational opportunities like horseback riding, hiking, fishing, hunting, or other similar activities that may expose me and others to additional inherent dangers and risks. I acknowledge that Heroes and Horses allows me to pursue such recreational opportunities on its property but that Heroes and Horses does not sponsor, guide, plan, or provide equipment or animals for any such recreational opportunities, all of which are undertaken by me, with my own equipment, and at my own direction and risk. I will use all safety equipment appropriate to any recreational activity that I may undertake on the Ranch. I will not consume or use alcohol or drugs while I am on the Ranch and I will not access the Ranch if I am under the influence of alcohol or drugs. I represent that my health is good, and that I am not under a physician’s care for any condition that might endanger my health while recreating on the Ranch. I acknowledge that I have a duty while on the Ranch to follow the instructions of Heroes and Horses personnel, to conduct myself in a manner that avoids injury to me and others, and to be aware of the inherent dangers and risks of accessing the Ranch and of participating in any recreational opportunity that I may choose to undertake. I accept all legal responsibility for injury or damage of any kind that occurs during, results from, or is in any way related to my use of or recreation on the Ranch, including but not limited to injury or damage that results from inherent dangers and risks of such activities, including but not limited to those known inherent dangers and risks identified above. I have carefully read this complete Acknowledgment of Gratuitous Use and Assumption of Inherent Dangers and Risks, fully understand its contents, and sign the same of my own free will and accord. July 14, 2025 |