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KLEIN RANCH PARTICIPANT ASSUMPTION OF RISK, WAIVER OF CLAIMS, RELEASE OF LIABILITY, NON-DISCLOSURE AND INDEMNITY AGREEMENT

DEFINITION:

In this Assumption of Risk, Waiver of Claims, Release of Liability, Non-Disclosure and Indemnity Agreement (hereinafter referred to as the “Agreement”), “Ranch Activities” means and shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by Klein Ranch, LLC (referred to herein as Klein Ranch, The Ranch), including, without limitation, hunting grounds, livestock habitats, fitness center, shooting range, fishing pond, lake, water activities, jet ski, ATV’s, boats/kayaks, paddle boards, hiking, horseback riding, sleigh rides, hay rides, carriage rides, motor tours, sightseeing, use of motor vehicles, including all-terrain vehicles, mountain biking, bicycling, rodeo, archery, sport shooting, use of firearms, paintball, hunting and fishing, all with our without a guide, and incudes the participation, transportation, and instruction in any such activities whether on or off the Klein Ranch premises and whether on private or public lands.

ASSUMPTION OF RISKS:

I understand and am aware that participating in Ranch Activities involves many risks of potential injury, death, property damage and other loss or damage, including those that are apparent and also inherent and hidden risks, dangers and hazards, including but not limited to, sleep, slippery, and uneven roads and trails containing rocks, trees, ledges, sand, mud, grass, water bars, bumps, ruts, stumps, and brush and the negligence or purposeful acts of other participants and other persons. The Ranch Activities are subject to naturally occurring hazards and dangers of all kind, including exposure to weather and climate conditions (including sudden changes and extremes of heat and cold), rugged terrain and ground conditions, hazards associated with water (including flash floods, whitewater, rapids and whirlpools), hazards associated with animals, reptiles, insects, and ground surface and other terrain and topographical variation and conditions In addition participants may encounter hazards and dangers that are the result of equipment, vehicles and other materials, goods, clothing and otherwise, including risk of inadequacy, malfunction, misuse, defect, or other failure. There are NO LIFEGUARDS on duty throughout the Klein Ranch facilities including our lakes, ponds swimming pools and at the river. Participation in the Ranch Activities requires physical fitness, coordination, balance, strength, endurance, speed, ability to react, mental capacity, talent, and ability, and because of such physical demands, necessarily carries inherent and unpredictable risks of injury of all kinds, as well as risks of death due to the physical demands, regardless of the participant’s physical capacity. I warrant and represent that I am in good health and accept responsibility for any medical expenses incurred in connection with the Ranch Activities. I understand that even minor injuries can become life threatening when they occur far away from rescue personnel, and that it may take a great deal of time for rescue personnel to locate and reach an injured person. Specifically with regards to horseback riding, I understand that horses are unpredictable animals and that no horse is a safe horse, and that there are significant risks of injury inherent and associated with horses and horse related activities, including, but not limited to trailering, loading, boarding, riding, training, lessons, grooming, saddling, feeding, and caring for horses. Despite the risks involved in the Ranch Activities, and in consideration of the right to participate in the Ranch Activities, I FREELY, WILLINGLY, FULLY AND EXPRESSLY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND THE ENTIRETY OF THE LOSS AND DAMAGE THAT MAY OCCUR TO ME AS A RESULT OF ANY AND/OR MY CHILDREN’S PARTICIPATION IN ANY RANCH ACTIVITIES.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY,  NON-DISCLOSURE:

In consideration for being permitted to participate in the Ranch Activities, the receipt and sufficiency of which is hereby acknowledged:

1.    I, MY HEIRS, SUCCESSORS, LEGAL REPRESENTATIVES AND ASSIGNS, KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE KLEIN RANCH, its officers, directors, members, managers, agents, employees, and volunteers from and against any and all claims, losses, damages, costs and expenses of any nature which are related to, arise out of, are in any way connected with my participation in the Ranch Activities including, but not limited to negligence of any kind or nature of Klein Ranch, its officers, directors, members, managers, agents employees and volunteers, whether foreseen or unforeseen, and which result in any damage, loss, injury, paralysis or death to me, my minor child(ren) or to my property as a result of my engaging in Ranch Activities and agree not to sue Klein Ranch for any such matters

2.    I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KLEIN RANCH, it’s officers, directors, members, managers, employees, agents and volunteers from and against any and all claims, damages, losses, costs and expenses (including without limitation, reasonable attorney fees) arising out of my, my minor child(ren) participation in Ranch Activities, and any claims, complaint, lawsuit or other legal proceeding which may be instituted by third parties against Klein Ranch arising out of or relating in any manner to my participation in Ranch Activities.

3.    I UNDERSTAND THIS IS A RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY that is valid as to each and every occasion on which I participate in Ranch Activities. I understand that this Agreement will prevent me, and my heirs, successors, assigns and legal representatives from filing suit or making any claim for damages in the event of injury, death or property damage arising from my participation in the Ranch Activities. With a full understanding of this Agreement, I nevertheless enter into this Agreement freely and voluntarily and agree that it is binding upon me, my heirs, successors, assigns and legal representatives or any other person acting on my behalf.

4.    I UNDERSTAND that Klein Ranch reserves the right to refuse participation by any person they judge to be incapable of any rigors and requirements for Ranch Activities, provided, however, that this does not create any duty on Klein Ranch to make such evaluations and the failure to exercise any rights of rejection will not constitute any modification of this Agreement or any of my waivers, releases, agreements or other obligations under this Agreement.

EQUIPMENT:

If I am provided with or renting equipment in connection with the Ranch Activities, I accept the equipment “as-is”, and accept full responsibility for the care of the equipment while it is in my possession. I agree that I am responsible for the full replacement value of any equipment not timely returned, and I agree to pay for any damage to the equipment that exceeds normal wear and tear.

NON-DISCLOSURE: 

In the course of discussing Klein Ranch interests, I agree to not share or disclose by electronic, written, verbal, telecommunications, text messaging, social media or any other communications means, any business operations, property details to include but are not limited to: boundaries, landscape features, architecture, employee information, contractors, contractor fee/pay structure, specific job details, specific livestock information, vendor lists, information regarding property or equipment, names of contract workers whether they be for ranch maintenance and operations or recreational purposes or imply the professional status of guests both personal & professional, political or government officials identities, activities that occur on the property & security measures intended to mitigate theft, criminal activity or harm to the Klein Ranch, the Klein Family or any of their guests unless authorized in writing by the Klein Ranch or it’s designated appointee/representative.

I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the Agreement will remain in effect, valid and enforceable. I agree that any action will be subject to and determined under the laws of the State of Texas and must be brought in a court of competent jurisdiction in Houston County, Texas.

I HEREBY WAIVE ANY RIGHT THAT I MAY HAVE TO TRIAL BY JURY IN ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING WHICH I MAY INSTITUTE AGAINST KLEIN RANCH, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND VOLUNTEERS.

BY SIGNING THIS AGREEMENT, YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE RANCH ACTIVITIES OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.

Parents or Guardians Additional Indemnification (Must be completed for participants under 18 years of age) I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that Klein Ranch relies to its detriment on this representation and would not allow the minor child to participate in its Ranch Activities without this representation. I further agree to indemnify and hold harmless Klein Ranch from any and all claims which are brought by participants under 18 years of age) I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed above; I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that Klein Ranch relies to its detriment on this representation and would not allow the minor child to participate in its Ranch Activities without this representation. I further agree to indemnify and hold harmless Klein Ranch from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's TPWD Hunting/Fishing License
Does participant have a valid Texas Hunting/Fishing License*
No
Yes

TPWD License Number
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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