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RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT (the “Agreement”)

In consideration of Home Ranch Hospitality LLC (the “Ranch” and/or "The Home Ranch") allowing me to participate in one or more of the activities described on Schedule 1 attached hereto (each, an “Activity”, and collectively, the “Activities”) under the care, custody and control of the Ranch, I, the undersigned participant (the “Participant”), hereby state that I have read this Agreement completely and carefully, and further understand and agree to the following:

INHERENT RISKS: Each Activity involves numerous obvious and non-obvious inherent risks, dangers and hazards, including, but not limited to, those more specifically described on Schedule 1 (collectively, the “Risks”), which can result in serious physical, mental and/or emotional injury, disability, death, property damage and/or other losses to the Participant. These Risks exist by the very nature of the Activity and cannot be eliminated without jeopardizing the essential qualities of the Activity. Each Activity may also involve being in remote areas for extended periods of time, with limited or no access to communications, transportation or emergency medical assistance or facilities. Such areas may contain natural or manmade Risks, including, but not limited to, hazardous surface and subsurface conditions, which cannot be anticipated, identified, controlled, minimized and/or eliminated. Further, while the Ranch will seek to provide a reasonable level of safety and instruction to the Participant, at times warnings or directions given may be inadequate, and/or the equipment being used may fail and/or malfunction, despite the exercise of reasonable care.

RELEASE, WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION: In consideration of the Ranch allowing my participation in any and all Activities, I hereby agree on behalf of myself, my representatives, heirs, relatives, family members, dependents, executors, administrators, successors, assigns and anyone asserting claims by or through me, as follows:

1. RELEASE AND WAIVER: I hereby release, waive liability, discharge, hold harmless and agree not to initiate any claims, demands or causes of action against The Home Ranch LLC, McFarlane Land Company LLC, Home Ranch Hospitality LLC, Home Ranch Livestock LLC, Home Ranch Farm LLC, Home Ranch Performance Horses LLC and each of their parents, subsidiaries, affiliates, successors and assigns and their respective directors, officers, employees, members, insurers, agents and/or representatives (collectively, “The Home Ranch”) regarding any and all liability for any injury, damage, loss and/or expense arising out of or resulting from, in whole or in part, my participation in any and all Activities, whether or not caused, in whole or in part, by the negligence of The Home Ranch or otherwise to the fullest extent permitted by law.

2. ASSUMPTION OF RISK: I understand and acknowledge that each Activity is an inherently dangerous activity, and despite the Risks identified herein, as well as any and all Risks not expressly delineated or currently known, voluntarily elect to participate in the Activity. I hereby accept and assume full responsibility for any and all such Risks, which can result in serious physical, mental and/or emotional injury, disability, death, property damage and/or other losses arising out of or resulting from, in whole or in part, my participation in any and all Activities, whether or not caused, in whole or in part, by the negligence of The Home Ranch or otherwise.

3. INDEMNIFICATION: I hereby agree to defend, indemnify and hold harmless The Home Ranch against any and all claims, demands, causes of action, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, or expense of any kind, including attorneys’ fees, and any fees and costs of enforcing any right to indemnification under this Agreement, arising out of or resulting from, in whole or in part, my participation in any and all Activities, whether or not caused, in whole or in part, by the negligence of The Home Ranch or otherwise.

MY CONDITION/MEDICAL INFORMATION/CARE: I attest that I have no knowledge, or reason to know of, any physical or mental limitations, conditions or other restrictions that would make my participation in any Activity inadvisable. I further attest that I have the necessary skill level to participate responsibly and safely in each Activity. Further, I hereby consent to receive first aid and/or medical treatment, which may be deemed advisable by the Ranch or its employees, agents or representatives, or by medical professionals, in the event of injury, accident and/or illness while participating in any Activity, but acknowledge that Home Ranch Hospitality LLC shall have no duty, obligation or liability arising out of the provision of, or failure to provide, first aid and/or medical treatment.

GENERAL PROVISIONS

4.ENTIRE AGREEMENT/SEVERABILITY: This Agreement constitutes the entire agreement between the Participant and Home Ranch Hospitality LLC with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

5.CHOICE OF LAW/FORUM SELECTION: This Agreement shall be governed by the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule of such state, and construed broadly to provide a release, waiver, assumption of risk and indemnification agreement to the fullest extent permissible under the law. State and federal courts in Colorado shall have the exclusive jurisdiction and venue for any claims, demands or causes of action arising under this Agreement.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE FULLY READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. 


Section 1

Activity

Horse Carriage and Sleigh Rides 

Additional Description

This Activity may include, but is not limited to, climbing in and out of, riding, sitting or otherwise being a passenger in, an open-air carriage drawn by horses or ponies.

In addition to those Risks described above, additional Risks may be caused by, among other things: the unpredictable nature and behavior of horses and ponies, irrespective of their previous behavior, training and/or performance. Horses and ponies may act or react unpredictably, which may cause a horse or pony to, among other things: pull, draw or shift the carriage in unexpected directions, angles, speeds and/or cause the carriage to overturn and/or collide with structures, objects, plants and/or other people and animals; all of which are Risks which may cause harm to the Participant. Carriages do not contain seatbelts for Participants. Participants must remain seated with their arms and legs in the carriage for the duration of the tour. 

I Agree

Activity

Horseback riding, Horsemanship spectating, Livestock and Wildlife

Additional Description

This Activity may include, but is not limited to, riding, handling or otherwise being near horses, Cattle, Domestic Dogs, Chickens, Ducks, Natural Wildlife and/or using related riding equipment.

In addition to those Risks described above, additional Risks may be caused by, among other things: the unpredictable nature and behavior of horses and other animals, irrespective of their previous behavior, training and/or performance. Horses may act or react unpredictably as a result of instinct, fright or provocation, the lack of proper control or care, the conduct of other persons or animals, insects or reptiles, variant weather conditions and/or terrains, and without warning or apparent reason, which may cause horses and other animals to, among other things: buck, fall, stumble, rear, stop short, run, shy, scratch, peck, down, change directions or speed, shift its weight, bite, kick, spook, jump obstacles, step on a person’s feet or other body parts, push, shove, trample or move a person, collide with objects, plants and/or other animals, including other horses; all of which are Risks which may cause harm to the Participant. 

I Agree

Activity

Motorized Vehicles

Additional Description

This Activity may include, but is not limited to, riding, spectating or handling UTVs, ATVs, 4x4 vehicles, on and off-road vehicles, Jeeps, Boats, E-Bikes, Dirt Bikes, Snowmobiles, Snow Bikes, Tractors, Construction Equipment, Snow Groomer, and/or using related riding equipment.

In addition to those Risks described above, additional Risks may be caused by, among other things: the condition of the Motorized Vehicle, riding terrain and/or the conduct of other persons. Specifically, Vehicles may flip and/or rollover, operators and/or passengers may experience loss of lateral stability, steering and motor control, visibility and/or protective features due to, among other things: mechanical failures; exposure to variant weather conditions and/or terrains; variations in the slope and steepness of trails or roads; collisions with other Vehicles; and/or collisions or contact with other persons, objects, trees, plants, rocks, structures, wildlife and/or trail or road signage, markers or barriers; all of which are Risks which may cause harm to the Participant.

I Agree

Activity

Physical and Outdoor Activities 

Additional Description

This Activity may include, but is not limited to, Hiking, Walking, Running, Bicycling, Tree felling, Wood Chopping, Indoor and Outdoor Fireplaces, Dancing, Snowshoeing, Paddle Tennis, Golf, Camping, Hunting, Manual Labor, use of Exercise and Weightlifting Equipment.

In addition to those Risks described above, additional Risks may be caused by, among other things: Collisions with any of the following: other participants, and manmade or natural objects: Wind shear, inclement weather, lightning, variances and extremes of wind weather and temperature; My sense of balance, physical coordination, ability to operate equipment, or follow directions; Collision or other hazard which results in injury, exposure to the elements, hypothermia, and / or drowning; The presence of insects and animal life forms; Equipment failure or operator error; Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; Fatigue, chill and / or dizziness which may diminish my / or our reaction time and increase the risk of an accident. 

I Agree

Activity

Snow Activities 

Additional Description

This Activity may include, but is not limited to, Cross Country Skiing, Skate Skiing, Downhill Skiing, Snowboarding, Snowshoeing, Sledding, Tobogganing, Tubing, Snowmobiling, Snow Bikes, and/or being towed by “Vehicles” while participating in Snow Activities.

In addition to those Risks described above, additional Risks may be caused by, among other things, collisions (with stationary objects such as trees, rocks, stumps, forest growth & debris, fences, snow vehicles, signs, and other manmade or natural obstacles; with other snow sport participants); falls; landing awkwardly; over-exertion; failure to successfully complete a movement; loss of control (due to snow/ice conditions such as bare spots, black ice, moguls, terrain features; variations in surface and/or terrain conditions; slope design or modifications; and other hazards, whether manmade or natural, marked or unmarked); and exposure to sometimes frigid conditions; failure of equipment• Other inherent risks of snow sports include, but are not limited to, erratic or negligent behavior of the participant or of other participants; sudden changes in weather, weather-related occurrences, and acts of nature; failure of equipment (including rental equipment); and judgment errors by staff (including error in judging the ability of participants, failure to anticipate developing problem situations, and failure to anticipate sudden changes in weather conditions). • Risks of observing and being on the premises for all persons include, but are not limited to, standing too close to run-out areas; being struck by skis, poles, boards, tubes, or other equipment; being struck by out-of-control skiers, snowboarders, or tubers; slipping and falling (on slick, wet, icy, or uneven spots, both outdoors and indoors including restrooms and other indoor areas); slippery or uneven sidewalks, steps, and outdoor surfaces; and various parking lot hazards such as vehicle traffic and unsure footing. 

I Agree

Activity

Water Activities

Additional Description

This Activity may include, but is not limited to, Fishing, Swimming, Kayaking, Canoeing, Tubing, Floating or Wading in the River and Paddle Boarding, Wakeboarding, Wake Surfing, Water Skiing.

In addition to those Risks described above, additional Risks may be caused by, among other things: Changing water flow, tides, currents, wave action and ships’ wakes. Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects: Wind shear, inclement weather, lightning, variances and extremes of wind weather and temperature; My sense of balance, physical coordination, ability to operate equipment, swim and / or follow directions; Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and / or drowning; The presence on insects and marine life forms; Equipment failure or operator error; Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; Fatigue, chill and / or dizziness which may diminish my / or our reaction time and increase the risk of an accident. 

I Agree

Activity

Firearms, Shooting, Archery and Axe throwing

Additional Description

The Participant acknowledges, understands, and agrees to follow all shooting range and facilities rules and directives.

This Activity may include, but is not limited to, spectating, handling or otherwise being near Firearms, Bow and Arrows and/or Axes.

The Participant hereby acknowledges and agrees to have voluntarily applied to use the shooting range and facilities operated by Home Ranch Hospitality LLC. It is understood and acknowledged that the use of a shooting range in which others, as well as the Participant, are engaged in shooting activities involves inherent extreme hazards, dangers, and risks. The Participant represents that he/she is physically able, emotionally stable, NOT under the influence of drugs or alcohol and fully competent to participate in training and shooting activities and that he/she freely, knowingly, and voluntarily assumes the risks of participating in such activities, including the risks of property damage, bodily harm, and death.

The Participant affirms, under penalty of law and perjury, that he/she can legally possess or rent a firearm and that he/she has no criminal or mental background that restricts the Undersigned from such possession. 

I Agree

Activity

Alcohol Consumption

Additional Description

I agree and represent that I understand the nature of Alcohol Consumption Activities (defines as any activity in which an individual tastes or consumes alcohol). I FULLY UNDERSTAND THAT ALCOHOL CONSUMPTION ACTIVITIES INVOLVE RISKS AND DANGERS SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISK”); These Risks and dangers may be caused by factors including, but not limited to my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED. I ACKNOWLEDGE AND UNDERSTAND DRINKING AND DRIVING IS DANGEROUS to my safety and the safety of others. I further acknowledge that; I am fully responsible for safe and sober transportation. I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY INJURY I incur or cause to occur to others as a result of my failure to take caution while operating a vehicle after participating in the Activity. I AM 21 YEARS OR OLDER.

I Agree

Date Signed: November 21, 2024







First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*

PARENT/GUARDIAN WAIVER FOR MINORS

(under 18 years of age)

As the parent and/or legal guardian of the minor named above, I hereby represent that I am in fact acting in such capacity and agree to the terms of this Agreement on behalf of the minor, and further agree to release, waive liability, discharge, defend, indemnify and hold harmless The Home Ranch from any and all claims, demands, causes of action, liabilities and losses which may be imposed upon The Home Ranch, because of any defect in or lack of such capacity to so act. 



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*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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