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YOU MUST UNDERSTAND AND SIGN THIS WAIVER AND RELEASE OF LIABILITY TO ENTER RUGGED MOUNTAIN RANCH THIS RELEASE AFFECTS YOUR RIGHTS SO READ IT CAREFULLY

 

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (“Release”)

EVERGREEN RUGGED RANCH, LLC d/b/aRUGGED MOUNTAIN RANCH 

I am voluntarily participating in activities at Evergreen Rugged Ranch, LLC d/b/a Rugged Mountain Ranch and I am participating in these activities entirely at my own risk. In consideration of the risk of injury or death while participating in Hiking, Hunting, Fishing, Off-roading, Horseback Riding, Lodging, Camping, Rock Climbing and all other activities that may be engaged in at Rugged Mountain Ranch (each an "Activity" and more than one Activity are hereinafter “Activities”), and as consideration for the right to participate in the Activities, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in any of the Activities, and do hereby release and forever discharge Evergreen Rugged Ranch, LLC d/b/a Rugged Mountain Ranch (hereinafter “ERR LLC”) which is located at 61 Warr RD, Daisy, Oklahoma 74560, and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, and all damages, economical or emotional loss, that I may suffer as a result of my participation in any of the Activities, including traveling to and from an event related to any Activity.

I am voluntarily participating in the Activities at ERR, LLC and I am participating in these Activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in any of these Activities, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in any Activity, including travel to, from and during this Activity or any of the Activities.

I agree to indemnify and hold harmless ERR, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me, or anyone on my behalf, including attorneys' fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone acting on my behalf. If ERR, LLC incurs any of these types of expenses, I agree to fully reimburse ERR, LLC. I acknowledge that ERR, LLC and its managers, members, agents, staff, volunteers, and/or representatives are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or Activity at the Rugged Mountain Ranch.

I acknowledge that any of the Activities may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to those caused by terrain, facilities, temperature, weather, lack of hydration condition of participants, equipment, vehicular traffic and actions of others, including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, if any.

I acknowledge that (i) I have carefully read this "waiver and release" and fully understand that it is a release of liability, and (ii) ERR, LLC is relying on this Release in allowing me to enter Rugged Mountain Ranch. I expressly agree to release and discharge ERR, LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against ERR, LLC for personal injury or property damage. To the extent (but only to the extent) that statute or case law does not prohibit releases for negligence or strict liability, this Release is also for negligence and strict liability on the part of ERR, LLC its managers, members, agents, staff, volunteers, and/or representatives. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand I should carry my own health insurance. In the event that any damage to equipment, or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such willful actions, neglect or recklessness.

This Release was entered into at arm's length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the undersigned participant and ERR, LLC agree that this Release is clear and unambiguous as to its terms, and that no other evidence will he used or admitted to alter or explain the terms of this Release, but that it will be interpreted based on the language in accordance with the purposes for which it was entered into.

In the event that any provision contained within this Release shall be deemed to be invalid and severable, or if any term, condition, phrase, or portion of this Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

All trail vehicles must have: 4 wheels, steering wheel, safe roll cage, seat belts for all passengers, good brakes, a fire extinguisher, and no leaking fluids.


Today's Date: April 23, 2024

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Ninth 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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