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LIMITED LICENSE AND LIABILITY WAIVER

This Limited License and Liability Waiver (the “Agreement”) is entered into between Legacy Ranch at Dry Creek, LLC (“Owner”) and (“Guest”). For and in consideration of the terms herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Limited License. Owner hereby grants Guest a limited license to use Owner’s property and facilities located at 9388 Dry Creek Lane, Gravette, AR 72736 (the “Property”) subject to the following terms and conditions:

a. Guest may engage in the following activities on the Property at the times and locations established by Owner: shooting, hunting, hiking, camping, horseback riding, biking, and riding ATVs and dirt bikes (the “Permitted Activities”).

b. Some Permitted Activities may require licensure and may be prohibited for certain individuals. Guest warrants that Guest has all the proper licenses and is legally allowed to engage in the Permitted Activities.

c. The Permitted Activities each have associated inherent risks. To avoid unnecessarily increasing the associated risks to Guest and others, Guest shall not engage in unsafe behavior.

d. Guest agrees to obey all additional rules that Owner may provide verbally or in writing.

e. Guest shall not participate in a Permitted Activity if Guest suffers from an acute or chronic physical or mental condition that would endanger Guest, other participants, or spectators. Guest warrants that Guest possesses sufficient physical and mental fitness and skill to enable safe participation in the Permitted Activities.

f. Owner recommends that Guest takes advantage of all safety equipment. Owner is not responsible for Guest’s misuse or nonuse of safety equipment.

g. Owner may revoke the license granted under this Agreement at any time and for any reason.

2. Agritourism. Pursuant to the Arkansas Agritourism Act, codified at Arkansas Code Annotated § 2-11-101 et seq., Owner is an Agritourism Activity Operator, Guest is a Participant, and the Permitted Activities are Agritourism Activities.

WARNING—UNDER ARKANSAS LAW, AN AGRITOURISM ACTIVITY OPERATOR IS NOT LIABLE FOR THE INJURY OR DEATH OF A PARTICIPANT IN AN AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISK OF AGRITOURISM ACTIVITIES. INHERENT RISKS INCLUDE WITHOUT LIMITATION THE RISK OF ANIMALS, WEATHER, LAND CONDITIONS, AND THE POTENTIAL FOR YOU AS A PARTICIPANT TO ACT IN A NEGLIGENT WAY THAT MAY CONTRIBUTE TO YOUR OWN INJURY OR DEATH. YOU ARE ASSUMING THE RISK OF PARTICIPATING IN THIS AGRITOURISM ACTIVITY.

3. Assumption of Inherent Risks. Guest is fully aware and understands there are inherent risks involved in the Permitted Activities, which risks include, but are not limited to, bodily injury and/or death to participants and spectators which may occur in normal participation of such activities. By engaging in the Permitted Activities Guest knowingly and freely assumes all such risks, both known and unknown relating to Guest’s use of the Property.

4. Waiver of Liability. In consideration for receiving permission to participate in the Permitted Activities,Guest, and on behalf of Guest’s heirs, executors, personal representatives, administrators, and assigns, hereby forever releases, waives, relinquishes, and discharges, Owner, along with its agents, officers, directors, employees, owners, or other representatives, and their successors and assigns, from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, resulting from Guest’s use of the Property or participation in the Permitted Activities. Guest understands that Guest is solely responsible for any and all medical bills and costs associated with any injury or illness contracted or received while engaging in the Permitted Activities. Guest understands that Owner will not compensate or reimburse Guest for any lost wages or income as a result of any injury or illness sustained while engaging in the Permitted Activities or otherwise using the Property.

5. Indemnification. To the fullest extent permitted under Arkansas law, Guest, and on behalf of Guest’s heirs, executors, personal representatives, administrators, and assigns, expressly agrees to indemnify and hold Owner, along with its agents, officers, directors, employees, owners, or other representatives, and their successors and assigns (the “Indemnified Parties”), harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from illness, injury, or damages sustained by Guest. Guest further agrees to indemnify the Indemnified Parties for any and all claims, demands, damages, rights of action, or causes of action brought against an Indemnified Party by any individual who claims to have injured or damaged by Guest on Owner’s Property.

6. Miscellaneous.

a. Successors and Assigns. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto, and their respective successors and assigns.

b. Entire Agreement. This Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated herein.

c. Modifications. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party.

d. Non-Waiver. No failure or delay by either party to exercise any right it may have shall be deemed to be a waiver of that right or of the right to demand exact compliance with the terms of this Agreement, except as otherwise specifically provided herein.

e. Severability. In the event that any provision of this Agreement shall be held by a court of competent jurisdiction, any governmental body, or an arbiter to be invalid or unenforceable, such provision shall be deemed severable and the remaining parts and provisions of this Agreement shall remain in full force and effect.

f. Attorneys’ Fees. The prevailing party in any dispute arising in connection with this Agreement shall be entitled to recover its costs and expenses, including any reasonable attorneys’ fees, expert witness fees, consultants’ fees, and legal costs, including the costs of appeal, from the non-prevailing party.

g. Arbitration. Any dispute or controversy between the parties arising out of or otherwise relating to this Agreement shall be settled by arbitration to be held in Benton County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor. The arbitrator may grant injunctions or other relief in such dispute or controversy, and the decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the state courts of Arkansas for this purpose. The parties agree that this agreement involves interstate commerce and that the Federal Arbitration Act 9 U.S.C. § 1 et seq., shall govern. The parties agree that the discovery process in arbitration shall be limited and streamlined to expedite the resolution of disputes. Therefore, each party shall be entitled to the following discovery: four (4) requests for production and one (1) deposition of seven hours.

BY SIGNING THIS DOCUMENT, GUEST AGREES THAT GUEST HAS READ AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENTS.

Date: October 22, 2024

First Participant's Name

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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.
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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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