Waiver

BLUE RIDGE RANCH PARTNERS LLC and HOPE FOR HIS CHILDREN

WAIVER OF LIABILITY AND RELEASE AGREEMENT

THIS IS A RELEASE OF LEGAL RIGHTS. READ AND UNDERSTAND BOTH PAGES/SIDES BEFORE SIGNING.

I wish to participate in the activities described on the Activities Detail Form (the “Activities”) taking place on property owned or operated by Blue Ridge Ranch Partners LLC, Hope For His Children, and their respective affiliates, members, managers, employees, volunteers, and agents (together, the “Ranch”), and I agree to the terms of this Release Agreement (the “Agreement”) as a condition of participation.

Assumption of Risk. I understand that participation in the Activities involves inherent risks of physical injury, including serious injury or death and the risks described on the Activities Detail Form on the reverse side/page 2 of this Agreement. Having read this Agreement, I knowingly and voluntarily assume full responsibility for all risks of loss, property damage, or personal injury, except to the extent caused by the gross negligence or willful misconduct of the Ranch, and I do so to the fullest extent permitted by North Carolina law.

Liability Release. In consideration for the Ranch allowing me to participate in the Activities, I, on behalf of myself, my heirs, and personal representatives, agree not to sue and hereby fully and forever release and discharge the Ranch from any and all liabilities, claims, demands, or expenses arising out of any loss, damage, or injury (including death or negligent medical treatment) sustained by me or my property while participating in the Activities or while upon the Property, except to the extent caused by the gross negligence or willful misconduct of the Ranch. I acknowledge that the Ranch makes no representation as to the condition or safety of the Property, structures or equipment. I accept and use the Property “as-is” and have not relied on any statements or representations other than those expressly set forth herein.

Indemnification. I agree to indemnify, defend, and hold harmless the Ranch, to the fullest extent permitted by law, from and against any losses, liabilities, damages, or costs (including reasonable attorneys’ fees and court costs) arising from my participation in the Activities, except to the extent caused by the gross negligence or willful misconduct of the Ranch.

Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for my property brought onto the Property and that the Ranch shall not be responsible for, nor provide security for, any such Property.

Warranty of Physical Fitness. I warrant that I am physically fit and able to participate fully in the Activities. I maintain medical insurance that covers accidents and illnesses arising from these Activities. I understand the Ranch has not investigated my physical condition and relies entirely on my warranty. I am responsible for all medical expenses not covered by insurance.

Emergency Medical Treatment. I authorize the Ranch to obtain or provide emergency medical care as it deems appropriate. Such action shall not affect the terms of this Agreement, and I agree that the Ranch assumes no responsibility for any injury or damage arising from or connected with such care.

Rules, Intent and Governing Law. I agree to abide by all rules and policies of the Ranch and all applicable state, local, and federal laws for the duration of the Activities.

       Intent: It is my express intent that this Agreement bind my family members, spouse (if any), estate, heirs, administrators, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of North Carolina without regard to conflict-of-law principles, and the state or federal courts located in Wilkes County, North Carolina shall have exclusive jurisdiction over any dispute. If any term of this Agreement is held invalid, the remaining terms shall remain in full force and effect.

       Photo and Video Consent. I understand that photographs, audio, or video recordings may be taken during the Activities. I hereby grant the Ranch and its representatives a perpetual, worldwide, royalty-free license to record and use my image, voice, and likeness (and that of any listed minor), in whole or in part, in any photographs, videos, digital content, or other media taken during the Activities, for lawful purposes including promotion, advertising, education, and marketing, in any format or platform now known or later developed (including social media such as Facebook and Instagram), without compensation or right of prior approval.

If I do not wish my image (or my child’s) to be used, I will notify the Ranch in writing before participating, and the Ranch will make reasonable efforts to avoid such use.

I expressly release, discharge, and hold harmless the Ranch, its officers, employees, volunteers, and representatives from any and all claims, demands, or causes of action arising from such use or from my participation in the Activities.

Acknowledgement and Signature. By signing below, I acknowledge that I have read and understand this Agreement, including the release of Liability and the Assumption of Risk, and that I sign it voluntarily. I further acknowledge that there are inherent risks associated with the activities and the property (including, without limitation, the risks of serious injury or death), and I assume all such risks.

I represent that I am at least eighteen (18) years of age or the parent/legal guardian of a minor participant and have the full legal authority to sign on my own behalf or on behalf of the listed minor(s).

This Agreement applies to all visits to the Property from the date of first arrival through the end of the current calendar year.

                                                                          ACTIVITIES DETAIL FORM

Description of Activities:

Any or all of the following: Camping and related activities, biking, off-road motorcycle racing, hiking, fishing, swimming, boating and other water activities, participation in agritourism activities, visiting, volunteering, working for hire, tours of the property and facilities.

By participating in the above Activities, you may be exposed to several inherent risks, including but not limited to those listed below:

• Burns from Campfires
• Cuts
• Diarrhea
• Swimming/drowning (NO SWIMMING - No lifeguard on duty, no life jackets provided)
• Flu-like illness
• Falling timber could cause a concussion or other severe bodily injury
• The visible or non-visible condition of the property
• Collision
• Falling
• Hypothermia or frostbite
• Sunburn
• Heatstroke/dehydration
• Death
• Accidents involving animals
• Theft and damage to personal property
• Environmental risks & hazards
  • Insects
  • Snakes
  • Predators including large animals
  • Falling/rolling rocks
  • Lightning
  • Unpredictable forces of nature.

Please further note that guests assume all responsibility of any pets or service animals they bring onto the Property, and all pets and service animals must remain leashed at all times.

Agritourism Warning (Required by N.C.G.S. §99E-32). In the event you  are participating in an agritourism activity (defined by NCGS § 99E-30 as “Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, hunting, fishing, equestrian activities, or natural activities and attractions” you are specifically warned as follows:

WARNING

Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

We request you conduct your participation with the safety of yourself and others in mind.

Email and Marketing Consent. By providing your email address, you agree to receive further information from the Ranch relating to our activities, events, services and products, and marketing emails. We will not share or sell your personal information. You may unsubscribe at any time by clicking on the unsubscribe link in the footer of our emails or by replying to the email and asking to be unsubscribed.

 PLEASE READ AND SIGN THE RELEASE AGREEMENT ON PAGES 1 AND 2 OF THIS FORM.