Liability Waiver for the Campsite at Shield Ranch

Versión en español aquí

 

The individual named below (referred to as "I" or "me") desires to participate in certain activities, including, but not limited to walking, hiking, meditating, swimming, birdwatching, nature observation and interaction, sleeping, dining, gathering, and general leisure activities (the “Activity”) at the 131-acre Campsite at Shield Ranch located at 10417 Crumley Ranch Roach, Austin, Texas 78738 provided by The Shield Ranch Foundation (the “Foundation”), a Texas 501(c)(3) private foundation committed to providing recreational and educational nature immersion experiences, located at 10417 Crumley Road, Austin, Texas 78738. In consideration of being permitted by the Foundation to participate in the Activity and the intangible value that I will gain by participating in the Activity and in recognition of the Foundation’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby, on behalf of myself, and my heirs, executors, administrators, representatives, and assigns, expressly waive and release any and all claims, now known or hereafter known, against the Foundation, and its officers, directors, managers, employees, agents, affiliates, shareholders/member, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage or any other loss arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Foundation or any Releasees or otherwise. I covenant not to make or bring any such claim against the Foundation or any other Releasee, and forever release and discharge the Foundation and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Texas law does not permit to be released by agreement.

I shall defend, indemnify, and hold harmless the Foundation and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Foundation or any other Releasees in a final, non-appealable judgment, arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Foundation.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Foundation from any claim based on such treatment or other medical services.

I acknowledge I have read and understand the following additional statutory limitation of liability:

    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. 

This Release constitutes the sole and entire agreement of the Foundation and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Foundation and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Travis County, State of Texas and I hereby consent to the exclusive jurisdiction of such courts.

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I HAVE READ AND AGREE TO THE FOREGOING RELEASE AND INDEMNITY BY VISITOR. I UNDERSTAND THAT SIGNING MY NAME HERE CONSTITUTES A LEGAL SIGNATURE CONFIRMING THAT I ACKNOWLEDGE AND AGREE.

Optional: Demographic Information

The Campsite at Shield Ranch "Wild For Good" mission is to increase access to nature, especially for people with barriers to access. We are supported by grants. By sharing your information here, it will help us report to our funders who is visiting the Campsite at Shield Ranch. Thank you.