Indemnity Form - Long Acres Ranch

CONSENT TO THE TERMS OF USE OF THE LONG ACRES RANCH

RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT

The Owner - The Henderson-Wessendorff Foundation (hereinafter, the "Owner") is a non-profit, charitable organization that owns the property known as the Long Acres Ranch (hereinafter, the "Facility").
RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT -- As consideration for the Owner's permission for me to enter upon and use the Facility and to participate in activities at the Facility, I agree to RELEASE and HOLD HARMLESS the Owner (and any of its employees, agents or volunteers) from any and all liability, claims, costs and causes of action arising out of or related to any damages or personal injury, including death, that may be sustained by me while using the Facility or participating in activities on the Facility, or while traveling to or from the Facility, or in any way related to any activity or event at the Facility, and regardless of whether such damages or injury, including death, may result or is alleged to result in full or in part from the Owner's (or its employee's, agent's or volunteer’s) negligence or gross negligence or other wrongful act. Further, I agree to INDEMNIFY the Owner (and any of its employees, agents or volunteers) from and against any and all claims, actions, costs, expenses, damages and liabilities arising from, connected with, or otherwise resulting from any damages or injury, including death, suffered by me at the facility, or while traveling to or from the facility, or in any way related to any activity or event at the facility, and regardless of whether such injury or damages, including death, may result or is alleged to result in full or in part from the Owner's (or any of its employee's, agent's or volunteer's) negligence or gross negligence or other wrongful act. My agreement to INDEMNIFY the Owner (and any of its employees, agents or volunteers) for any and all claims, actions, costs, expenses, liabilities and damages includes, but is not limited to, liability or settlement payments made by the Owner (or any of its employees, agents, or volunteers), or the Owner's (or any of its employee's, agent's or volunteer's) insurers, if any, as well as litigation defense costs and attorneys' fees incurred by the Owner (or any of its employee's, agent's or volunteer's) or their insurers, if any. I further agree that I have read and understand this RELEASE, HOLD HARMLESS, and INDEMNITY provision, and that it is conspicuous.

Acknowledgement of Consideration and Voluntary Signature -- In signing this agreement, I acknowledge that I have read the entire agreement, understand it, and have voluntarily signed it as my own free act. The Owner has not made, and I have not relied upon, any oral representations different from the terms contained in this agreement. I understand that the Owner does not have to grant me access to the Facility and that I am signing this agreement in consideration for the Owner's granting of permission for me to enter upon the Facility and to potentially participate in activities on or related to the Facility. I understand that I can choose not to sign this document and free myself from the terms and obligations of this document, but I will not then be granted access to the Facility.

Acknowledgement and Assumption of Risks -- I understand that there are numerous dangerous conditions, risks and hazards (both natural and man-made/ including contracting COVID 19) at and around the Facility, and that I may be exposed to dangerous water and terrain conditions, dangerous activities by myself and others (including but not limited to archery, shooting, swimming, canoeing, etc.), defective equipment, fall hazards, poisonous plants and creatures, dangerous animals, and other risks. I voluntarily assume all risks and responsibility for any injury, death, or damages arising out of or related to the property of or the activities of the Facility.

Severability -- I expressly agree that these terms of use of the Long Acres Ranch, including the Release, Hold Harmless and Indemnity Agreement, are intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any part of any provision is held to be invalid, it is agreed that all other provisions shall continue in full legal force and effect, notwithstanding any invalid provision.

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.

BEFORE SIGNING, READ THIS ENTIRE DOCUMENT VERY CAREFULLY. By signing this document, you are giving up legal rights which you might otherwise have possessed. In addition, you might be incurring legal liabilities that you might not otherwise have. If you do not understand anything in this document, you should not sign it, and instead should consult a legal advisor.

Participant's Printed Name: __________________________________

Participant’s Signature: _____________________________________ Date: ______________

Release of Rights to Likeness, Voice and Related Information

The Owner - The Henderson-Wessendorff Foundation (hereinafter, the "Owner") is a non-profit, charitable organization that owns the property known as the Long Acres Ranch (hereinafter, the "Facility").
RELEASE OF RIGHTS TO LIKENESS, VOICE AND RELATED INFORMATION – As consideration for the Owner’s permission to enter upon and use the Facility, I permit the Owner to record, own, publish and republish information about me and/or my property and reproductions of my likeness and my voice for educational, marketing and publicity purposes with, on or through any medium.

I acknowledge that the pictures or recordings taken of me and/or my property then become the sole and exclusive property of the Owner.

I release the Facility and the Owner from any and all claims that might arise from the use of these images and recordings.

Acknowledgement of Consideration and Voluntary Signature -- In signing this agreement, I acknowledge that I have read the entire agreement, understand it, and have voluntarily signed it as my own free act. The Owner has not made, and I have not relied upon, any oral representations different from the terms contained in this agreement. I understand that the Owner does not have to grant me access to the Facility and that I am signing this agreement in consideration for the Owner's granting of permission for me to enter upon the Facility and to potentially participate in activities on or related to the Facility. I understand that I can choose not to sign this document and free myself and from the terms and obligations of this document, but I will not then be granted access to the Facility.
Severability -- I expressly agree that these terms of use of the Long Acres Ranch, including this release, are intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any part of any provision is held to be invalid, it is agreed that all other provisions shall continue in full legal force and effect, notwithstanding any invalid provision.

Participant's Printed Name: __________________________________

Participant’s Signature: _____________________________________ Date: ______________