PLEASE READ THIS DOCUMENT CAREFULLY.  BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS. PLEASE CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE RAMIFICATIONS OF EXECUTING THIS DOCUMENT.

In consideration for and as a condition to the limited and revocable right to access, participate in activities at and otherwise utilize Low Creek Ranch from time to time for any purpose, I hereby freely agree to and make the contractual representations and agreements contained in this document (the “Agreement”) WHICH I INTEND TO BE VALID AND BINDING FOR NOT ONLY ANY UPCOMING PLANNED VISIT TO LOW CREEK RANCH, BUT FOR ANY SUBSEQUENT VISITS TO LOW CREEK RANCH THAT I MAY MAKE FROM TIME TO TIME THEREAFTER.  For purposes of this Agreement, “Low Creek Ranch” means the real property located at 7729 N. Boenker Ln. Washington, Washington County, TX 77880, together any improvements and facilities located thereon; “LCR” means Low Creek Ranch LLC, a Texas limited liability company, its successors and assigns.  “LCR Parties” means, collectively, LCR and its affiliates and owners of any tier, together with its and their respective officers, directors, managers, trustees, beneficiaries, insurers, representatives, employees, contractors, other guests and agents.

CONDITION OF PROPERTY

Low Creek Ranch is situated on approximately 73 acres of real property that includes rugged and sometimes unstable terrain, livestock pastures, a pond, a creek and other areas with hazards or obstacles.  I fully understand that accidents are not uncommon when participating in activities in such environments and acknowledge it is impossible for LCR or any other parties affiliated with Low Creek Ranch to anticipate and prevent all conceivably hazardous situations that can occur during my visit.  Accordingly, I agree that it is my sole responsibility to examine and investigate the condition and quality of the land, facilities, tools, property, equipment, vehicles and all reasonably foreseeable matters that may in any way affect my activities at Low Creek Ranch before I use the same and, in any event, I accept them in their AS-IS, WHERE-IS CONDITION WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. I further agree to (i) at all times conduct myself in a safe and prudent manner and abide by all rules and instructions of LCR and its representatives; (ii) not partake in any activities which endanger myself or others; (iii) assume all liability for the condition and adequacy of any tools, equipment, vehicles and other property I may use at Low Creek Ranch; (iv) utilize all proper or recommended safety equipment (with selection and fit being my sole responsibility); and (v) not participate in any activity if I have a physical or mental condition which would cause my participation to endanger myself or others.

ACTIVITES AND THEIR RISKS

I understand and acknowledge that, whether I am supervised or not, there are inherent risks, hazards and dangerous conditions associated with my presence at Low Creek and with participating in any activities there including, but not limited to, activities such as hunting, fishing, swimming, bicycling, hiking, archery, riflery, target shooting, use of ranch tools and equipment, riding in all-terrain vehicles (ATVs) and otherwise moving around Low Creek Ranch property grounds. These risks include (by way of example and not limitation): those ordinarily associated with rigorous outdoor activities, including the unpredictable forces of nature; rugged and sometimes unstable terrain; potential surface hazards, equipment failure, inadequate safety equipment, fire, and hazardous weather conditions; a remote environment that may cause significant delays in obtaining emergency medical care; falls, breaks, sprains, permanent disabling injuries and even death; contact with harmful plants and animals, including biting insects, reptiles, amphibians, fish, and mammals; ATV and other vehicle collisions and accidents; the dangers of participating in any water activity including drowning and near-drowning; errors in judgment and conduct, including negligence, of staff, co-participants, and others; the failure of gear and equipment; and other risks of property damage, bodily injury, and death. I understand and acknowledge that some of these risks are inherent in the activities and the premises and, without undertaking these risks, the Low Creek Ranch experience would lose its value and appeal.

ASSUMPTION OF RISK

I acknowledge that I know and understand the scope, nature and extent of the risks and hazards associated with my presence at Low Creek Ranch and with participating in any activities at Low Creek Ranch, and voluntarily assume all such risks, whether or not the risk has been described above or inherent in the activities listed above, wherever they may take place, and all risks of being on and moving about the premises of Low Creek Ranch and any other sites of its activities.

RELEASE AND INDEMNITY

TO THE MAXIMUM EXTENT ALLOWED BY THE LAWS OF THE STATE OF TEXAS, I, FOR MYSELF AND ON BEHALF EACH OF MY INSURERS, HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSOR AND ASSIGNS, HEREBY WAIVE, RELEASE, AGREE TO HOLD HARMLESS AND COVENANT NOT TO SUE ANY OF THE LCR PARTIES AND HEREBY AGREE TO INDEMNIFY EACH OF THE LCR PARTIES WITH RESPECT TO ANY CLAIM, DAMAGE, COST, EXPENSE OR LIABILITY (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ AND EXPERTS’ FEES, INVESTIGATION COSTS, COURT COSTS AND INSURANCE DEDUCTIBLES) WHICH IN ANY WAY DIRECTLY OR INDIRECTLY ARISE IN CONNECTION WITH MY PRESENCE OR PARTICIPATION IN ACTIVITIES AT LOW CREEK RANCH OR WHILE TRAVELING TO AND FROM LOW CREEK RANCH, INCLUDING, WITHOUT LIMITATION, RELATING TO PROPERTY LOSS, BODILY INJURY, DEATH OR OTHER LOSS.

TO THE MAXIMUM EXTENT ALLOWED BY THE LAWS OF THE STATE OF TEXAS, I UNDERSTAND AND AGREE THAT EACH WAIVER, RELEASE AND DEFENSE AND INDEMNITY OBLIGATION CONTAINED IN THIS AGREEMENT APPLIES TO EVERY CLAIM ARISING OUT OF OR RELATING TO ANY PARTICIPATION IN ACTIVITIES AND/OR OTHER PRESENCE AT LOW CREEK RANCH FROM TIME TO TIME, REGARDLESS OF THE NATURE OF SUCH CLAIM OR THE CAUSE(S) THEREOF AND EVEN IF SUCH CLAIM IS CAUSED IN WHOLE OR IN PART BY PRE-EXISTING CONDITIONS, STRICT LIABILITY, BREACH OF WARRANTY OR CONTRACT, DEFECT OF PREMISES OR EQUIPMENT, OR THE SOLE OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER FAULT OF ONE OR MORE OF ANY OF THE LCR PARTIES OR ANY OTHER PARTY.

INSURANCE

My signature on this document below indicates that I understand my need to have a comprehensive health, accident, and disability insurance plan that will pay for my complete care in the event I am injured or disabled while at Low Creek Ranch. I fully understand that LCR does not maintain an insurance policy on my behalf.

PANDEMICS/COVID-19

Unfortunately, we live in a world where pandemics are a real threat. COVID-19 is an extremely dangerous virus and can lead to severe illness, injury and death. The undersigned acknowledges that the facilities located within Low Creek Ranch are not maintained, cleaned or sanitized in a way to control the spread of the COVID-19 virus and other viruses or disease and the use of the facilities located within Low Creek Ranch could increase the risk of contracting COVID-19 and other viruses or disease. The undersigned further acknowledges that the undersigned and all members of his/her household will follow any and all guidelines issued by the Centers for Disease Control and Prevention, federal, state or local governments or authorities concerning the use of the facilities located within Low Creek Ranch and limiting the spread of the COVID-19 virus and other viruses or disease. This includes, but is not limited to, not using the facilities located within Low Creek Ranch if you have been in close contact with a  person who is lab confirmed to have the COVID-19 virus or other viruses or disease, or if you have a cough, shortness of breath, chills, muscle pain, headache, sore throat, loss of taste or smell, diarrhea, fever or other symptoms of illness. The undersigned acknowledges and agrees that the release and indemnification provisions contained herein also include claims relating in any manner to the COVID-19 virus and other viruses or disease whatsoever whether or not associated with a pandemic.

MEDICAL AUTHORIZATION

I understand LCR and its affiliates may need to respond to emergency situations including but not limited to serious injury. I hereby give my consent and authorize LCR to provide or obtain medical care for me, including transportation to a medical facility, as it deems appropriate or necessary, and at my sole expense, and to exchange medical information about me with any third-party care providers.

FOR PARTICIPANTS UNDER THE AGE OF 18:   

I am the parent or legal guardian with legal responsibility for ___________________________ (each, a “Minor Participant”), and acknowledge that I have read and understand this Agreement, agree (for myself and, to the maximum extent allowed by the laws of the State of Texas, on behalf each Minor Participant) to each and every term contained in this Agreement, including but not limited to the assumption of risk and consent to medical treatment. I consent and agree to each Minor Participant’s attendance, involvement and participation in any activities at Low Creek Ranch, and consent and agree to (for myself and, to the maximum extent allowed by the laws of the State of Texas, on behalf each Minor Participant) the waivers and releases of claims against the LCR Parties, and obligation to indemnify all the LCR Parties, as provided above. I (for myself and on behalf each Minor Participant and our respective heirs, assigns, personal representatives and next of kin) release and waive all claims against the LCR Parties, and agree to indemnify and hold the LCR Parties harmless from, any and all claims and liabilities incident to each Minor Participant’s attendance, involvement or participation in any activities at Low Creek Ranch from time to time hereafter, to the full extent as provided above.  

OTHER AGREEMENTS

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.

I acknowledge and agree that this Agreement and the waiver, release and defense and indemnification provisions contained herein are intended to be and shall be RECURRING AND PERPETUAL, such that it and they shall apply not only to any specific, planned visit to Low Creek Ranch as of the date hereof, but equally to any additional visits to Low Creek Ranch that I may make from time to time thereafter. I covenant and agree that, if any time hereafter, I wish to revoke or terminate this Agreement, in whole or in part, that I will (1) provide written notice of the same to LCR in advance of any future visit to Low Creek Ranch; and (2) not access or utilize the facilities at Low Creek Ranch in any way or manner from that point forward (with my express understanding that the limited right to access and utilize the facilities at Low Creek Ranch runs concurrent with this Agreement) (collectively, the “Termination Conditions”). I acknowledge and agree that all obligations set forth herein will survive the termination or revocation of this Agreement with respect to any visit to Low Creek Ranch prior to satisfaction of the Termination Conditions.

To the extent a claim asserted by me against a released party is dismissed or deemed by a court of competent jurisdiction to be without merit, I agree that the released party may recover from me their costs, including reasonable attorneys’ fees, incurred in defending the claim. I acknowledge that I have not relied on any oral representations or statements from LCR apart from the terms contained in this Agreement. This Agreement may not be modified orally.  It is my express intent that this Agreement be binding upon me and my heirs, estate, executors, guardians, administrators, legal representatives, and assigns, and shall be governed by the laws of the State of Texas.  Should a court of competent jurisdiction find any provision of this Agreement to be invalid, illegal, or unenforceable, I agree that the remainder of this Agreement shall nevertheless remain in full force and effect and that the stricken provision will then be deemed replaced with one that is valid and enforceable and that comes closest to expressing the parties’ original intent as evidenced by the plain meaning of the stricken provision.

I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ, UNDERSTAND, FULLY CONSENT TO AND VOLUNTARILY ACCEPT ALL TERMS AND RESTRICTIONS CONTAINED IN THIS AGREEMENT AND AGREE THAT THE PROTECTIONS IT PROVIDES TO THE RELEASED AND INDEMNIFIED PARTIES ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY TEXAS LAW.