Release, Consent and Assumption-of-the-Risk Agreement
This Release, Consent and Assumption-of-the-Risk Agreement applies to participation in any activities or use of facilities at “The Stillwater,” a ministry of Abide and Conquer LLC, located at 377 Indian Cave Road, Doss, Texas, the ranch operation, Centennial Cattle LLC, The Sattler Homestead Ranch LLC, and Brian and Kay Sattler.
I hereby acknowledge that I have knowingly and willingly entered this Release, Consent and Assumption-of-the-Risk Agreement and understand that my presence on the property constitutes Agritourism under Texas Law.
WARNING UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY. TEXAS CODE SEC. 75A.003
I acknowledge and understand that there are no warranties, either express or implied, as to the condition and/or safety of the property and the improvements located thereon located in Gillespie County, Texas.
Warning of Dangerous Conditions on Premises
The dangerous conditions listed below serve to warn me and to make me 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 and destruction of my (our) personal property. My (our) presence and activities on the leased premises 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, insects, spiders and scorpions; elevated blinds and tree stands; eroded areas, holes, uncovered wells, steep inclines, bluffs and cliffs, 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 that may be diseased and/or possessed with propensities to injure or kill; rushing and still water with perils lurking above and beneath the surface, including the potential for flash flooding; trees and tree limbs, both dead and alive, that may fall unexpectedly without warning; persons with firearms and other lethal weapons, both on and off the leased premises; the presence of bare electrical wires to restrain livestock; and the use of vehicles, and ATVs, both on and off roadways.
Waiver and Release of Claims
In consideration for the right to enter the premises, I (we) hereby waive and release all claims and agree to indemnify, defend and hold harmless the individuals 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, court costs, judgments and attorneys’ fees 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 premises or the owners 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) heirs, successors and assigns will not make any claim or institute any suit or action at law or in equity against the Lessor named above or his or her (or the) respective owners, heirs, agents, representatives, employees, successors or assigns by reason of the owners’ active or passive negligent conduct or by reason of the condition(s) of the leased premises, whether natural or man-made and whether the condition is caused by the Lessor’s active or passive negligence.
ASSUMPTION OF THE RISK
I (we) hereby agree and declare that the “Warning of Dangerous Conditions on Leased Premises” stated earlier serves to warn me (us) of any actual and/or potentially dangerous natural or man-made conditions that I (we) may reasonably expect to encounter on the leased premises that may cause serious bodily harm or death or cause damage to or destruction of my (our) personal property.
I (we) hereby state that I am (we are) aware of the dangerous conditions, risks and hazards mentioned earlier and that I (we):
Understand and appreciate the nature and extent of the risks and dangers of being exposed to those and other associated dangerous conditions and
Voluntarily, expressly and knowingly consent to exposing myself (ourselves) and my (our) personal property to those and other associated dangerous conditions.
I (we) knowingly and expressly ASSUME THE RISK of my (our) exposure to the dangerous conditions, risks and hazards expressed above. This assumption of the risk may be used by the owners as a defense in a court of law as outlined by the Texas Supreme Court in Farley v. M.M. Cattle Co., 529 SW 2d 751, against any allegations either for negligence or gross negligence for failing to warn me (use) of any dangerous natural or man-made conditions that I am (we are) apt to encounter expectedly or unexpectedly on the leased premises. This assumption of risk does not extend to owners’ reckless or intentional conduct.
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 and shall in no way be affected, impaired or invalidated.
Length of Agreement
This Release and Assumption of the Risk Form applies during the time that I am (we are) permitted on the premises, now and in the future, and until this agreement is revoked in writing.
Parental, Guardian and Supervisory Responsibility for Minors and Indemnification for Injuries or Deaths
In consideration for allowing minors to accompany me (us) on the leased premises, I (we) agree to keep close supervision of the minor(s) in my (our) watch and care at all times. I (we) further agree to indemnify the Lessor for all claims stemming from the injury and/or death of a minor or minors in my (our) watch and care caused by my (our) lack of or negligent supervision.
List of Recent Accidents and Incidents Occurring on the Leased Premises
According to Texas Case law, the Lessor needs to warn guests of accidents and incidents occurring on the leased premises that may influence their decision to enter. The following is a list of all accidents and incidents that involved injury or death to a guest or the damage or destruction of his or her personal property. This list covers all accidents and incidents occurring during the past two years.
(None)