WARNING: There are significant elements of risk in any activity associated with outdoor adventures, including but not limited to camping, climbing, hiking, driving, hunting, fishing, swimming, wilderness lodges, and the presence or use of animals, vehicles, firearms or other weapons and the use of any related equipment (referred to herein as "activity"). Although we have taken reasonable steps to provide or recommend to you appropriate equipment and/or guides so you can enjoy an activity for which you may not be skilled, we wish to remind you this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.
ACKNOWLEDGEMENT OF RISKS: I acknowledge that the following describes some, but not all, of those risks: 1) Falling or being injured in, on, or by hunting blinds, hi-lift racks or vehicles while as a passenger, pedestrian, operator, or observer; 2) Cold weather and Heat related injuries and illnesses including frostbite, heat exhaustion, heat stroke, hypothermia, and dehydration; 3) An "act of nature" which may include falling trees, inclement weather, thunder and lightning, severe and/or varied wind, temperature or weather conditions; 4) Road and water crossings, or travel, including travel to or from the activity; 5) Risk associated with crossing or climbing rocks, fields, trees, sand pits, roads, trails, and snow and/or ice; 6) Equipment failure and/or operator error; 7) Discharge of weapons and accidental shooting by oneself of by others; 8) Risks typically associated with all-terrain vehicles or watercraft including roll-over, crash, capsizing, swamping, sinking, hypothermia, or drowning; 9) My sense of balance, physical coordination, and ability to follow instructions; 10) Attack by or encounter with insects, reptiles, or animals; 11) Accidents or illnesses occurring in remote places where there are no available medical facilities; 12) Fatigue, chill and/or dizziness, alcohol or drug consumption, which may diminish my/our reaction time and increase the risk of accident; 13) Risks associated with use of Lodge facilities including, but not limited to shower, hot tub, stairs, kitchen equipment, utensils, gas, and electricity.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I am aware that this activity entails risks of injury or death to me and minor children for which I may be responsible. I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My/Our participation in this activity is purely voluntary. No one is forcing me/us to participate and I/we elect to participate in spite of the risks. I am (We are) physically and mentally capable of participating in the activity and/or safely using the equipment. I accept that wearing a U.S.C.G. approved personal flotation device for waterborne activities is a basic safety precaution. I assume full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or sickness; head, neck, and/or spinal injuries; animal or insect bite or attack; injury caused by discharge of any weapon; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks. I also assume responsibility for damage to or loss of my/our personal property as the result of any accident that may occur.
COVENANT OF GOOD FAITH: I recognize that you, as trip provider, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity or refuse the participation of any person for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to achieving objectives.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. "In consideration of the involvement of all Hosts including, but not limited to Al Boenker Insurance Agency, Inc., Lone Star Select Insurance Group Managing General Agency, Inc., and SelecTax, LLC, their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses, I agree as follows:
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, loss of personal property, and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my/our negligence in participating in this activity."
I acknowledge and understand that no warranty, either expressed or implied, is made by the Host as to the condition of the Host Premises. This document is to warn Guests that dangerous conditions, risks and hazards do exist on the owners premises. As a Guest, I acknowledge that hunting and other activities on rural property such as the Host Premises does have unknown hazards and risks and can result in injury or property damage to the person/persons involved in these activities. The many possibilities and sources of injury or damage are acknowledged by GUESTS, and he/she comes on the Host Premises with full knowledge hazards and risks exist.
As a part of the consideration for being allowed by Host to enjoy hunting activities on the Host Premises, GUEST HEREBY INDEMNIFIES ( RELEASES) Host from all liability for personal injury (including wrongful death) or property damage suffered by GUEST which is caused, in whole are in part, by any activity or condition on the Host Premises. GUEST understands this agreement and has agreed that neither he/she, nor his heirs or personal representatives will be able to sue Host or his associates for any injury or property damage that GUEST suffers while on the Host Premises.
GUEST INDEMNIFIES AND RELEASES OWNER FROM ALL LIABILITY. As used in this release agreement, the term Guest/Guests will include any minors in the Guests care while on the Host Premises. All Guests who bring minors understand the Host is not responsible for the care or safety of minors. The Guests who bring minors onto the Host Premises assumes the responsibility for watching and caring for the minor's safety and guarding against hazards at all times.
I HAVE READ THIS DOCUMENT OUTLINING THE ASSUMPTION OF RISK AND RESPONSIBILITY AND I UNDERSTAND IT. I AM SIGNING IT FREELY AND VOLUNTARILY. |
