This Release of Claims and Waiver of Liability and Photo Release, hereinafter the “Agreement,” made and entered into between the Spicewood Ranch and “Participant”, hereinafter referred to as “Participant”, recites the following WHEREAS, a Ranch Management Tour known hereinafter as the “Activity” will take place at Spicewood Ranch: I, “Participant”, being of sound mind and capable of entering into this Agreement, and being aware of the risks involved in my participation do hereby agree to waive any and all claims (including but not limited to claims for personal illness, personal injury, accidental death or property damage) against Spicewood Ranch or Christopher Harte, his agents and employees, to the extent allowable by law, from all claims, damages, losses and expenses, including reasonable attorney’s fees in any lawsuit, claim or action, arising out of my presence or relating to any activities, operations, functions, facilities, equipment, locations, persons, animals or creations of nature of any and every kind that exist that may or may not be under the control of Spicewood Ranch and Christopher Harte. I further agree to be responsible for any injuries or damage caused by my failure to follow Spicewood Ranch or Christopher Harte instructions with respect to field work, or because of any inaccurate statements I have made in this release. I, THE UNDERSIGNED PARTICIPANT, HEREBY SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE FOREGOING WAIVER AND RELEASE INCLUDES ANY CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING FROM OR OUT OF ANY NEGLIGENCE OF SPICEWOOD RANCH AND/OR CHRISTOPHER HARTE. I hereby grant to Spicewood Ranch and Christopher Harte and its licensees, assignees, and other successors-in-interest of all rights of every kind and character whatsoever in perpetuity in and to my performance, appearance, name and/or voice and the results and proceeds thereof, and I hereby authorize Spicewood Ranch and Christopher Harte to photography and record the Activity; to use such photographs in any and all media, whether now known or hereafter devised, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion. I further waive any claims I may have against Spicewood Ranch and Christopher Harte in connection with their use of my appearance, name, and/or likeness as granted herein including, without limitation, claims for liable or slander. I hereby warrant and represent that I have every right to enter into this Agreement on my behalf and to grant the rights granted hereunder. I acknowledge that I have read this Agreement prior to signing it and that I fully understand its contents. By signing below, I acknowledge that I have thoroughly read and understand this form, that the statements I have made in it are all true, and that I am at least 18 years of age.
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