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BATTLE SPRINGS RANCH RELEASE OF LIABILITY

AND ASSUMPTION OF THE RISK


YOUR SAFETY IS OUR PRIMARY CONCERN. WE EXPECT YOU TO FOLLOW SAFE FIREARM HANDLING, HUNTING AND FISHING PROCEDURES. WE REQUIRE THAT YOU FOLLOW ALL STATE AND FEDERAL HUNTING AND FISHING REGULATIONS. WE RECOMMEND YOUR USE OF SAFETY EQUIPMENT FOR HUNTING OR SHOOTING, INCLUDING SAFETY GLASSES AND HEARING PROTECTION AND SAFETY EQUIPMENT FOR FISHING INCLUDING A LIFE JACKET.


OWNER AND ADDITIONAL COVERED PARTIES MAY TERMINATE YOUR RIGHT TO BE ON THE PROPERTY AND REMOVE YOU FROM THE PROPERTY IMMEDIATELY FOR ANY REASON IF OWNER OR ADDITIONAL COVERED PARTIES IN THEIR SOLE DISCRETION DECIDE THAT YOU WILL DO OR HAVE DONE SOMETHING THAT WILL PUT YOU OR ANOTHER PERSON AT RISK.

 

I (we) hereby acknowledge that I (we) have knowingly and willingly entered onto Battle Springs Ranch (“the Property” or “the Ranch”) owned by the BSR HOLDINGS, LLC, (hereinafter referred to as the Owner). Other parties covered by this Agreement include Toby Thomas, individually, Emily Thomas, individually, and Toby and Emily Thomas, Trustees of the Thomas Joint Revocable Living Trust (hereinafter referred to as “Additional Covered Parties”). This Release of Liability and Assumption of the Risk (“Release”) is effective as of the date of the last signature contained herein.

 

As consideration for being granted such access to the Property I (we) agree to the terms and contents of this Release of Liability and Assumption of the Risk and agree to abide by any other rules and conditions for such access including adhering to the Battle Springs Ranch Rules of Firearms Safety, attached hereto and incorporated herein as Exhibit A.

1. Acknowledgements. 

I (we) acknowledge and agree to the following:

a. I (we) will comply with all Oklahoma State laws regarding the use and possession of firearms. Further, I (we) have never been convicted of a felony or crime of domestic violence in any of the 50 United States or territories of the United States.

b. I (we) am in good health and have no physical limitations that would affect my (our) safe use of the facilities and outdoor premises on the Property. I (we) agree to remain aware and alert in the presence of others and their communications regarding movement on the Property and

use of all equipment, firearms, and ATVs.

c. I (we) am not under the influence of an alcoholic beverage or a non-prescribed drug and I (we) will not be drinking or taking any medication that will affect the ability to drive, use a firearm, or engage in other physical activity while on the Property.

d. I (we) am over the age of eighteen (18) and understand that minors are not permitted to sign this Release and enter the Property. All guests must present a valid driver’s license or other approved government identification to show proof of age prior to signing this Release.

e. Unless I otherwise inform staff at the Property, I am experienced in the proper handling, loading, use and discharge of all firearms and ammunition I intend to use at the Property’s indoor and outdoor facilities. I am familiar with the fundamental rules of firearm handling and safety. I fully understand and appreciate the inherent risks associated with the use and misuse of firearms. Owner is relying on the truth of these acknowledgements concerning my experience with firearms and knowledge of safety rules in permitting me access to the Property and its equipment and facilities. I understand that the use of firearms requires specific skills and I agree to seek qualified instruction prior to using a firearm that I do not have experience with handling.

f. I (we) will be required to leave the Property immediately in the event of a violation of this Release or the Battle Springs Ranch Rules of Firearms Safety.

2. Warning of the Dangerous Conditions on the Property

The dangerous conditions listed below serve to warn me (us) and make me (us) aware, appreciate and understand that dangerous conditions, risks and hazards exist, both obvious and latent, both natural and man-made, that can cause serious bodily injury or death and damage or destruction of my (our) personal property. My (our) presence and activities on the Property expose both me (us) and my (our) personal property to these dangerous conditions, risks and hazards, both obvious and latent and both natural and man-made, including, but not limited to, poisonous snakes, alligators, insects and spiders; elevated blinds and tree stands, whether or not erected by Owner or Additional Covered Parties; eroded areas, holes, uncovered wells, steep inclines, steep climbing walls and equipment, inattentive belayers, sharp and jagged rocks located both on and off roadways and trails that create rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic and maybe diseased and/or possessed with propensities to injure or kill; rushing and still water with perils lurking above and beneath the surface; trees and tree limbs, both dead and alive, that may fall unexpectedly without warning; the presence of bare electrical wires to restrain livestock; and the use of vehicles, boats and ATVs both on and off roadways, waterways, ponds and lakes.

3. Warning of Dangers Associated with Firearms Usage

The use of firearms in shooting sports and/or training presents the following dangers, risks, and hazards, which can lead to serious bodily injury, paralysis or death. My (our) presence and firearm-related activities expose me (us) to the following dangers, including but not limited to, being shot or shooting myself; partial or total loss of eyesight or hearing; inhalation or harmful contact with lead or contaminants; risk of injury, paralysis or death from ammunition target pieces, risk of injury, paralysis or death from falling objects, and ricochet injuries from targets or projectiles. Use of firearms in training and shooting activities in indoor and outdoor shooting facilities presents risk as mechanical devices and fixtures, including bullet traps, which are designed to contain and decelerate discharged projectiles cannot, in every possible instance, properly contain projectiles, bullets or bullet fragments and can potentially allow ricochets which could potentially cause serious personal injury or death.

4. Waiver and Release of Claims

In consideration for the right to enter the Property, I (we) hereby waive and release all claims and agree to indemnify, defend and hold harmless the Owner and Additional Covered Parties named above, its, his or her (or the) respective owners, heirs, agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including, but not limited to, medical bills, medical transportation costs, loss of income, court costs, judgments, liabilities, attorneys’ fees and any other cost or claim resulting from any accident,, incident or occurrence arising out of, incidental to or in any way resulting from the use of or my (our) exposure to the conditions of the Property or the Owner and Additional Covered Parties’ active or passive negligent conduct thereon. These include, among other things, injury or death to the undersigned and damage or destruction of the undersigned’s personal property.

Also, I (we) hereby further covenant and agree that I (we), my (our) next of kin, heirs, representatives, successors and assigns will not make any claim or institute any suit or action at law or in equity against the Owner and Additional Covered Parties named above or his or her (or the) respective owners, heirs, agents, representatives, employees, successors or assigns by reason of the Owner and Additional Covered Parties’ active or passive negligent conduct or by reason of the condition(s) of the Property, whether natural or man-made and whether the condition is caused by the Owner and Additional Covered Parties’ active or passive negligence. Furthermore, there may be times where I (we) may use Owner and Additional Covered Parties’ firearms or other weapons, hunting equipment or fishing equipment while either in the presence of Owner and Additional Covered Parties or in the absence of Owner and Additional Covered Parties, with Owner and Additional Covered Parties’ permission. In the event I (we) use Owner and Additional Covered Parties’ firearms or other weapons, hunting equipment or fishing equipment, we are doing so at our own risk and acknowledge Owner and Additional Covered Parties do not make any representation or guarantees about the firearms or other weapons, hunting equipment or fishing equipment’s condition, fitness for a particular purpose and Owner and Additional Covered Parties hereby expressly make no representation as to the condition or fitness of the firearms or other weapons, hunting equipment or fishing equipment. In the event that I (we) use Owner and Additional Covered Parties’ firearms, or other weapons, hunting equipment or fishing equipment, and injury, death or damage results from my (our) use, I (we) hereby waive and release all claims and agree to indemnify, defend and hold harmless the Owner and Additional Covered Parties named above, his or her (or the) respective owners, heirs, agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including, but not limited to, medical bills, medical transportation costs, loss of income, court costs, judgments, liabilities, attorneys’ fees and any other cost or claim resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of Owner Additional Covered Parties’ firearms or other weapons, hunting equipment or fishing equipment.

5. ASSUMPTION OF THE RISK

I (we) hereby agree and declare that the (a) “Warning of Dangerous Conditions on the Property” and (b) Warning of Dangers Associated with Firearm Usage” of stated earlier serves to warn me (us) of risk of serious bodily injury due to the firearms activities of myself and others and due to actual and/or potentially dangerous natural or man-made condition(s) that I (we) may reasonably expect to encounter on the Property. I (we) hereby sate that I am (we are) aware of the dangerous conditions, risks and hazards mentioned earlier and that I (we):

1. understand and appreciate the nature and extent of the risks and dangers of being exposed to those and other associated dangerous conditions and

2. voluntarily, expressly and knowingly consent to exposing myself (ourselves) and my (our) personal property to those and other associated dangerous conditions.

By affixing my (our) signature(s) below, I (we) knowingly, voluntarily and expressly ASSUME THE RISK of my (our) exposure to the dangerous activities and conditions, risks and hazards expressed above. This assumption of the risk may be used by the Owner and Additional Covered Parties as a defense in a court of law against any allegations either for negligence or gross negligence for failing to warn me (us) of any dangerous natural or man-made conditions that I am (we are) apt to encounter expectedly or unexpectedly on the Property. This assumption of the risk does not extend to Owner and Additional Covered Parties’ reckless or intentional conduct. The undersigned agrees and acknowledges this Release is intended to be as broad and inclusive as permitted by the laws of the State of Oklahoma.

6. No Warranty.

Owner makes no warranty as to the design, manufacture, condition or fitness for any particular purpose of any of Owner’s facilities or equipment, including, but not limited to firearms, ammunition, climbing apparatus, eye/hearing protection, and first-aid supplies.

7. The Severability Clause.

 If any term, provision, covenant, release, assumption or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect.

8. No Inducement.

I acknowledge that no other inducement, assurance or guarantee has been made to me in consideration of my signing this Release and that I sign this document voluntarily and of my own free will.

9. Jurisdiction & Choice of Law.

This Release shall be governed by and construed under the laws of the State of Oklahoma without regard to any conflict of law provision. This Agreement is performable in whole or in part in Love County, Oklahoma. The parties hereby irrevocably submit to the exclusive jurisdiction of any state or federal court located in Love County, Oklahoma, over any suit, action or proceeding arising out of or related to this Release. To the fullest extent permitted under applicable law, Guest irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that they are not subject to the jurisdiction of the above-referenced Oklahoma courts and any objection that they may now or hereafter have to the laying of venue of any suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.

10. Images, Photographs and/or Videos. 

I (we) agree and acknowledge that Owner may take images, photographs or video during my time at the Property and such media are the sole property of the Owner and may be used freely by Owner at its sole discretion without notification. I (we) agree and acknowledge that I (we) am not permitted to take images, photographs or video of the Property without approval by Owner, its owners, employees, staff, heirs, beneficiaries or any person owning any interest in the Property.

11. Entire Agreement. 

This Release, including and together with any related exhibits, and attachments, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties.

FURTHERMORE, I REPRESENT THAT I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE RELEASE, I AGREE TO BE BOUND BY ITS TERMS, I AM FAMILIAR WITH THE OPERATION AND USE OF FIREARMS, AND THAT I AM CAPABLE OF OPERATING A FIREARM SAFELY AND IN ACCORDANCE WTH SAID RULES AND INSTRUCTIONS.


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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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