DISCLOSURE: Candlelight Ranch (CLR) programs involve a variety of activities that include, but are not limited to warm-ups, games, group initiative problems, high and low ropes course elements, and other rigorous physical adventure activities (“Program Activities”). (The level of participation in Program Activities is at all times completely up to the individual’s choice.) Yet there is a risk, which must be assumed by each participant/volunteer, that2 he/she may suffer an emotional or physical injury, disability, or death.
It is the participant/volunteer’s responsibility to inform instructor(s) of any and all health/medical conditions before participating in or assisting with any and all Program Activities, so that CLR instructors may respond appropriately should the need arise. All health/medical information will be held in confidence. Please complete this form and return it to CLR prior to participating in any Program Activities.
BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF YOUR PRESENCE OR ACTIVITIES ON THE PROPERTY AS DEFINED HEREIN. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
RELEASE OF LIABILITY:
I understand that CLR Program Activities may be physically and/or emotionally demanding. I affirm that I am capable of participating/volunteering in the Program Activities, and that I am not under a physician’s care for any undisclosed condition that bears upon my fitness or ability to participate in CLR’s Program Activities. I understand that each participant/volunteer assumes all risk associated with any emotional or serious bodily injury, disability, or death that may result from participation in or assistance with the Program Activities. In consideration of CLR allowing the Participant/Volunteer to participate in the Program Activities, the undersigned agrees to hold harmless, release, waive, discharge, and covenant not to sue CLR, RM Barr Ventures, L.P., Bert Barr Family, L.P., and any of their owners, agents, employees, representatives, officers, directors, assigns, members, owners of premises, affiliated organizations, insurers and others acting on behalf of CLR, RM Barr Ventures, L.P., and Bert Barr Family, L.P. (collectively, the “Released Parties”) of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to any injury to or death of Participant/Volunteer, or damage to or loss of any property belonging to Participant/Volunteer occurring in the course of participation in CLR Program Activities and that no claims, demands, legal actions or causes of action, will be brought against the Released Parties for any economic and non-economic losses due to bodily injury, death, property damage, sustained by the undersigned and/or my minor child in relation to the premises and operation of CLR to include Program Activities, handling or otherwise being near equine animals owned by or in the care, custody, and control of the Released Parties whether on or off the premises owned by the Released Parties.
I understand that this liability waiver shall serve as a complete release of any and all liability of the Released Parties and is legally binding upon the Participant/Volunteer, and the parents or legal guardians thereof if a minor, my heirs, estate, executors, assigns, including all minor children, personal representatives, administrators and for all members of my family. This liability waiver and release will apply even if the incident giving rise to any claim is caused in whole or in part by the condition of the premises or by the sole or concurrent ordinary negligence of the Released Parties (but not the gross negligence or willful misconduct of the Released Parties); and it shall be interpreted according to the laws of the State of Texas and Travis County. I have carefully read this Disclosure and Release of Liability and fully understand its content.
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AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE, VOLUNTEER, OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
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I ALSO AGREE TO SAVE, INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES FOR DEFENDING ANY CLAIMS OR DEMANDS BY ME, MY FAMILY, ESTATE, HEIRS, OR ASSIGNS FOR ANY INJURY OR DAMAGE ARISING OUT OF OR IN ANY MANNER RELATED TO MY OR MY MINOR CHILD’S ENTRY ON THE SUBJECT PROPERTY OR MY OR MY MINOR CHILD’S PARTICIPATION IN ANY CLR PROGRAM ACTIVITIES WHILE ON THE SUBJECT PROPERTY, INCLUDING CLAIMS OR DEMANDS BASED ON THE NEGLIGENCE OF THE RELEASEES.
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PHOTO/MEDIA RELEASE:
I grant to CLR, and persons acting for or through them, the right to use, reproduce, assign, and/or distribute photographs, films, videotapes, and sound recordings of myself for use in materials they may create.
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I acknowledge and agree that the Released Parties have not made any representation or warranty, either express or implied, regarding the condition and/or safety of the Subject Property or its improvements, or the ability to enter on or use the Subject Property without damage or a risk of damage to me, my minor child, or my property.
The terms of this Release will be governed by and interpreted under the laws of Texas. If any term or provision of this release is found to be unenforceable or void, the term or provision concerned will be construed as valid and enforceable to the maximum extent permitted by law, and the remainder of this release will remain in full force and effect. I agree that exclusive venue for any dispute arising out of this release will be in Travis County, Texas.
The releases, waivers, indemnities, agreements, and other provisions of this instrument apply to any and all access and use of the Subject Property on or after the date of execution of this document and shall not be limited to one event or a specific period of time.
By signing below, I certify that I am at least 18 years of age or older and legally competent to sign this Release, that I understand the terms of this Release are contractual with legally binding effect and not a mere recital, and that I have signed this Release of my own free act and volition. I further state and acknowledge that I have fully informed myself of the contents of this Release by reading and reviewing it before I have signed it, and that I had the opportunity to ask questions about anything I did not understand.
I have executed this release on Friday, May 3, 2024
PARENTAL WAIVER OF CLAIMS: Participant/Volunteer must be of legal age (18 years), or their parent(s) or legal guardian(s) must complete the following:
I/we______________________________________________________________________________ (parents’ or guardians’ name(s)) give permission for the participant/volunteer’s name above to participate in the CLR Program Activities and asÂsociated field trip(s). Should my/our child become injured, I/we request that the trip leader(s) secure emergency medical services to aid my/our child, if in their judgment such services are necessary. I/we agree to incur any additional expenses associated with such action. As parents/guardians, I/we have decided (with or without medical advice) that my/our child is physically, mentally, and socially able to participate, and I/we acknowledge that any medical or accident insurance we consider necessary will be my/our responsibility to locate and purchase. Furthermore, I/we have read all sections of this form and do hereby release the Released Parties from any and all liability relating to any damages, injuries, or losses, which may occur while or as a result of said child participating in CLR’s Program Activities as described and further released herein.