This Release, Indemnity, Assumption of Risks and Agreement Not to Sue (“Agreement”) is entered into by the undersigned participant (“Participant”) in favor of T2S3, LLC d/b/a The Vincent Homestead, a Texas limited liability company (the “Venue”), Todd Vincent and Stefanie Vincent (collectively, the “Owners”), as the owners of the real property located at 10780 Flint Creek Rd, Gatesville, TX 76528 (the “Property”), and the Venue’s members, managers, officers, directors, employees, agents, representatives, contractors, instructors, guides, range officers, volunteers, affiliates, insurers, successors, assigns, lessors, landlords, tenants, licensees, invitees, and property managers (collectively, with the Venue and the Owners, the “Released Parties”).
In consideration of being permitted to access, enter upon, use, or participate in activities of the Venue located at the Property, including but not limited to recreational activities, events, lodging, hunting, shooting, water activities, and other activities offered, sponsored, arranged, or permitted by the Venue (collectively, the “Activities”), Participant agrees as follows:
ASSUMPTION OF RISK.
Participant acknowledges and understands that the Property is a ranch, recreational property, event venue, and lodging facility that contains inherent risks, hazards, and dangers that may result in serious bodily injury, illness, death, property damage, or other loss. Participant voluntarily assumes all risks associated with entering the Property and participating in the Activities, whether known or unknown, foreseeable or unforeseeable.
Participant specifically acknowledges and understands that such risks include, but are not limited to, (i) uneven terrain, rocks, holes, ditches, slopes, fences, gates, roads, gravel surfaces, trails, bridges, structures, stairs, decks, patios, and other natural or man-made conditions; (ii) weather conditions, heat, cold, storms, lightning, flooding, fire, and other environmental conditions; (iii) wildlife, livestock, insects, reptiles, plants, and other animals, including the possibility of bites, attacks, disease transmission, or other injuries; (iv) use of recreational equipment, boats, kayaks, canoes, paddleboards, inflatables, swimming areas, ponds, lakes, waterfront areas, and other water-related amenities, including the risk of drowning; (v) hunting activities, including hunting for whitetail deer, exotic animals, birds, and other wildlife, including the risks associated with firearms, ammunition, hunting equipment, elevated stands, blinds, wildlife movement, and interactions with other hunters or participants; (vi) shooting activities, including skeet shooting, rifle shooting, pistol shooting, archery, and use of any firearm or projectile equipment, including risks of accidental discharge, ricochet, misfire, malfunction, hearing damage, eye injury, serious bodily injury, or death; (vii) falls from elevated structures, including elevated hunting stands, platforms, tree stands, decks, and other elevated areas; (viii) transportation, parking areas, vehicles, and movement throughout the Property; and (ix) acts, omissions, negligence, carelessness, or conduct of other participants, guests, vendors, contractors, invitees, employees, agents, representatives, or other persons present on or around the Property.
Participant understands that certain Activities involve inherent dangers and that firearms, hunting, water activities, and outdoor recreational activities can result in serious injury or death. Participant voluntarily accepts and assumes all risks associated with the Activities and agrees that participation is entirely voluntary.
FIREARMS, SHOOTING, HUNTING, AND ARCHERY ACTIVITIES.
Participant understands that any activity involving firearms, ammunition, archery equipment, hunting equipment, or projectiles is inherently dangerous. Participant agrees to comply with all safety instructions, range rules, hunting requirements, instructions from Venue representatives, guides, range officers, or other designated personnel, and all applicable federal, state, and local laws.
Participant agrees that firearms, ammunition, bows, arrows, and other equipment may only be used in locations, at times, and under conditions authorized by the Venue. Participant agrees that unauthorized firearm use, unsafe handling of equipment, violation of safety rules, impairment by alcohol or drugs, or failure to follow instructions may result in immediate removal from the Property without refund or further participation rights.
WATER AND RECREATIONAL ACTIVITIES.
Participant understands that swimming, boating, kayaking, canoeing, paddleboarding, fishing, use of watercraft, and other water-related Activities involve substantial risks, including drowning, capsizing, collisions, exhaustion, exposure, and other injuries. Participant agrees to comply with all water safety requirements established by the Venue, including the use of personal flotation devices when required, compliance with designated activity areas, and adherence to all instructions provided by Venue personnel. Participant further understands that lifeguards may not be present at the Property and that Participant is solely responsible for assessing Participant’s own abilities and limitations before engaging in any water-related Activity.
RELEASE AND AGREEMENT NOT TO SUE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT HEREBY WAIVES, DISCHARGES, ACQUITS AND FOREVER RELEASES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS, EXPENSES, AND CLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO PARTICIPANT’S ENTRY UPON THE PROPERTY OR PARTICIPATION IN ANY ACTIVITY. THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM OR ALLEGED TO HAVE BEEN CAUSED BY THE NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING ORDINARY NEGLIGENCE, WHETHER ACTIVE, PASSIVE, SOLE, JOINT, OR CONCURRENT NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW. PARTICIPANT AGREES NOT TO SUE, BRING ANY CLAIM AGAINST, OR OTHERWISE SEEK RECOVERY FROM ANY RELEASED PARTY FOR ANY INJURY, DEATH, DAMAGE, OR LOSS ARISING FROM OR RELATING TO THE ACTIVITIES OR USE OF THE PROPERTY, EXCEPT TO THE EXTENT SUCH CLAIM CANNOT LEGALLY BE WAIVED UNDER APPLICABLE LAW.
INDEMNIFICATION AND HOLD HARMLESS.
PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO (I) PARTICIPANT’S ACTS, OMISSIONS, NEGLIGENCE, RECKLESSNESS, OR MISCONDUCT; (II) PARTICIPANT’S VIOLATION OF ANY LAW, RULE, REGULATION, INSTRUCTION, OR SAFETY REQUIREMENT; (III) INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY PARTICIPANT; OR (IV) CLAIMS BROUGHT BY PARTICIPANT’S FAMILY MEMBERS, GUESTS, INVITEES, REPRESENTATIVES, HEIRS, ASSIGNS, MINOR CHILDREN, OR ANY OTHER PERSON FOR WHOM PARTICIPANT HAS RESPONSIBILTY, SUPERVISION, OR AUTHORITY, OR ANY OTHER PERSON CLAIMING THROUGH PARTICIPANT.
MEDICAL AUTHORIZATION AND EXPENSES.
Participant authorizes the Released Parties and their representatives to obtain emergency medical assistance, transportation, and treatment if Participant is injured or requires medical attention while on the Property or participating in any Activity. Participant acknowledges and agrees that Participant is solely responsible for all medical expenses, emergency response costs, transportation costs, treatment expenses, and related costs incurred as a result of any injury or medical condition arising from participation in the Activities.
PARTICIPANT RESPONSIBILITIES AND SAFETY REQUIREMENTS.
Participant agrees to act responsibly, follow all instructions, use reasonable care, and refrain from any conduct that creates a danger to Participant or others. Participant agrees not to participate in any Activity while impaired by alcohol, drugs, medication, or any substance that may affect judgment, coordination, or ability to safely participate. Participant acknowledges that the Released Parties reserve the right, in their sole discretion, to restrict, suspend, or terminate Participant’s access to any Activity or the Property if Participant fails to comply with safety requirements, instructions, rules, or reasonable requests.
MINOR PARTICIPANTS AND PARENT/GUARDIAN ACKNOWLEDGMENT
If any participant in the Activities is under eighteen (18) years of age, the undersigned parent, legal guardian, custodian, or authorized representative represents and warrants that they have authority to sign this Agreement on behalf of such minor participant. The parent, legal guardian, custodian, or authorized representative agrees to assume all risks on behalf of the minor participant, agrees to supervise the minor participant at all times, agrees to all release and indemnity provisions contained herein, and agrees to indemnify and hold harmless the Released Parties from any claims arising from or relating to the minor’s participation in the Activities.
PHOTOGRAPHY AND VIDEO RELEASE.
Participant acknowledges that the Venue may photograph, record, or otherwise capture Participant’s image, likeness, voice, or participation during Activities at the Property and may use such materials for marketing, promotional, advertising, website, social media, or other business purposes. Participant may decline this authorization by providing written notice to the Venue prior to or at the time of signing this Agreement. If Participant does not provide written notice declining authorization, Participant understands and acknowledges that the Venue may use photographs, video, or other recordings of Participant for such purposes.
GOVERNING LAW AND VENUE.
This Agreement shall be governed by and interpreted under the laws of the State of Texas. Any mediation, arbitration, or legal proceeding arising out of or relating to this Agreement shall take place in Bell County, Texas. To the extent permitted by law, Participant agrees that any dispute shall first be submitted to confidential mediation and, if unresolved, shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association. Judgment upon any arbitration award may be entered in any court having jurisdiction.
11. SEVERABILITY.
If any provision of this Agreement is determined to be invalid, illegal, unenforceable, or prohibited by law, such provision shall be modified only to the extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.
ENTIRE AGREEMENT AND MODIFICATION.
This Agreement constitutes the entire agreement between Participant and the Released Parties regarding the subject matter contained herein and supersedes all prior discussions, representations, or understandings relating to the Activities and Participant’s access to the Property. Any modification, amendment, or waiver of this Agreement must be in writing and signed by the Participant or Released Party against whom enforcement is sought.
ACKNOWLEDGMENT AND VOLUNTARY EXECUTION.
Participant acknowledges that Participant has carefully read this Agreement, understands its terms, understands that Participant is giving up substantial legal rights, including the right to sue, and voluntarily agrees to be bound by all terms contained herein.
