ASSUMPTION OF RISK
GENERAL RELEASE INDEMNIFICATION AGREEMENT OF
HUNTING AND FIREARMS
In consideration of the privilege of entering upon La Perla Ranch (“La Perla Ranch”) land to participate thereon in hunting, skeet and trap shooting, any activity involving firearms and/or other recreational activities, I, the undersigned, on behalf of myself, my heirs, legal representative and assigns hereby voluntarily and knowingly assume all risks and waive and release all claims related thereto, and agree to indemnify La Perla Ranch and its owners or agents.
I understand and acknowledge that hunting and the use of firearms, and being in the vicinity of others who are hunting or using firearms are inherently dangerous activities that may cause serious injury or death, including but not limited to, dangers arising from the use of or exposure to firearms, knives, axes, saws, arrows, vehicles, hunting blinds, tree stands, livestock, (horses) and any other device used for hunting, skeet and trap shooting, or for any other activity involving the use of firearms. I further understand, acknowledge and accept the “as-is” conditions and risks pertaining to the La Perla Ranch Land including, but not limited to, the following (1) the La Perla Ranch Land is in an unimproved, semi-wilderness state and La Perla Ranch has no obligation to improve or repair the property or to make it safe or to warn of dangerous conditions, latent or patent; (2) a wide variety of dangerous and unexpected conditions exist on the La Perla Ranch Land because it is unimproved, semi-wilderness state;(3) other activities may be conducted currently upon the La Perla Ranch Land while I am there including, but not limited to hunting, woodcutting ,managing livestock, oil and gas exploration, constructing and maintaining roads, fences, pipelines, utility lines and other improvements and other activities that may create safety hazards; (4) other persons may be present within the same area, and my activities need to be conducted in a careful and prudent manner with due regard for the safety and well being of other persons; (5) the acts or omissions (including active or passive negligence, but not willful misconduct or gross negligence) of
La Perla Ranch and /or such persons or entities may result in my experiencing losses, damages or bodily injury (including death).
I declare that prior to the execution of this release, I have apprised myself of sufficient relevant information respecting the La Perla Ranch Land and conditions and activities to be encountered thereon, in order to intelligently exercise my judgment in deciding whether to execute this release, and further declare that my decision to do so was not based on or influenced by any declaration or representation of La Perla Ranch, or their employees or agents. I further agree to act in a prudent manner and use my best judgment at all times, taking into account the inherently dangerous nature of hunting and other firearm activities.
Accordingly, I hereby assume full responsibility for any and all risks and for all claims, actions, liability, losses, damages, and expenses for bodily injury or death and property loss or damage incurred by me or arising out of or in connection with my entry presence or activities upon the La Perla Ranch Land. I knowingly and voluntarily expressly release, indemnify and hold harmless La Perla Ranch, and agents (collectively, the” La Perla Ranch Parties”) from all claims, actions, liability, losses, damages or expenses (including, but not limited to, attorneys fees), arising in any manner out of or in connection with my entry, presence or activities upon the La Perla Ranch Land, AND REGARDLESS OF ANY CONTRIBUTORY OR SOLE, ACTIVE OR PASSIVE, NEGLIGENCE OR STRICT LIABILITY OF THE LA PERLA RANCH PARTIES AND ANY OTHER PERSON OR ENTITY; provided, however, that the undersigned shall not be required to indemnify the La Perla Ranch Parties to the extent of any willful misconduct or gross negligence by the La Perla Ranch Parties. The risks assumed include all risks which may not now be foreseeable or within the reasonable contemplation by me or the La Perla Ranch Parties.
I have read, and understand, and voluntarily execute this ASSUMPTION OF RISK, GENERAL RELEASE and INDEMNIFICATION AGREEMENT and intend that I and my heirs, legal representatives and assigns be bound hereby.
Date Signature
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Texas Hunting License Number Printed or typed name
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If the person above is under the age of 18, a parent or legal guardian must also sign below: I as parent/guardian with legal responsibility for the above named person consent and agree to his or her release as provided above, and for myself, my heirs, legal representatives and assigns, I release and agree to indemnify and hold harmless the La Perla Ranch Parties, for any and all liabilities as provided above, even if arising from ANY CONTRIBUTORY OR SOLE, ACTIVE OR PASSIVE, NEGLEGENCE OR STRICT LIABILITY OF THE LA PERLA RANCH PARTIES AND ANY OTHER PERSON OR ENTITY.
Date Signature
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Texas Hunting License Number
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Relationship to person above Printed or typed name