In consideration of receiving permission from Burnett Ranches, LLC, and Four Sixes Ranch Properties, LLC (collectively hereinafter “Burnett”) to enter the Ranch in order to participate in the Activity and to enjoy and use the benefits of the Ranch, I, Participant, do hereby agree as follows:
I represent and warrant that I will use the Ranch grounds, facilities, and equipment (collectively, “Facilities”) in a safe manner and that I accept the condition of the Facilities on an “as is where is” basis. I agree that the Releasees (as hereinafter defined) shall have no responsibility or liability for providing any security or supervision to the safety and security of the Activity.
I HEREBY AGREE TO FULLY RELEASE, WAIVE, AND DISCHARGE BURNETT, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OFFICERS, AGENTS, OR EMPLOYEES ("RELEASEES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT I OR ANY OF MY PROPERTY MAY SUSTAIN RESULTING FROM MY PARTICIPATION IN OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN SUCH ACTIVITY, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, AND COVENANT NOT TO SUE THE RELEASEES BASED ON THE SAME.
It is my express intent that this Release and Waiver of Liability and Indemnification Agreement ("Release") bind my family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf to the extent they act on my behalf, and is deemed as a release, waiver, discharge, and covenant not to sue the Releasees.
I understand that participation in this Activity involves an inherent risk of personal injury and even death, and I hereby elect to voluntarily participate in said Activity, knowing that the Activity may be hazardous to me and my property. I understand that Burnett does not require me to participate in this Activity. I assume full responsibility for any risks of loss, property damage, or personal injury, including death, that I or my property may sustain as a result of being engaged in such Activity, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations. I hereby acknowledge that I know of no medical reason why I should not participate in this Activity.
In the event of an emergency, I authorize Burnett to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.
I FURTHER COVENANT AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COSTS, INCLUDING ATTORNEYS' FEES AND COURT COSTS, THEY MAY INCUR ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING AS A RESULTS OF NEGLIGENT RESCUE OPERATIONS.
I further hereby grant to Burnett, along with Burnett’s employees, agents, licensees, successors, assigns, and those acting with Burnett’s express permission or authority (collectively, “Licensed Parties”), an irrevocable and unrestricted right and permission to record, by means of taping, photographing, or otherwise, my appearance, name, image, likeness, voice, and performance arising, relating to, or resulting from my activities at the Activity, in any and all manners, formats, or contexts whatsoever, for the purpose of creating promotional content and materials (collectively, “Materials”) for use by Burnett. The Licensed Parties shall have the exclusive right to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit the Materials solely on their marketing and social media platforms, owned and operated websites, and in all types of advertising and promotion of the foregoing, for a period of twenty-four (24) months from the date hereof. I hereby expressly and irrecoverably waive and release rights in connection with such use, including any claim to compensation, invasion of privacy, right of publicity, or to misappropriation.
I further covenant and agree that this Release shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceeding relating to this Release and any activities covered hereby must be filed or entered into only in the county in which the Ranch is located. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the full extent authorized by law.
I HAVE READ AND FULLY UNDERSTAND THIS RELEASE AS SET FORTH ABOVE AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I CERTIFY THAT I HAVE REACHED THE AGE OF MAJORITY OR THAT MY PARENT OR LEGAL GUARDIAN CONSENTS AND AGREES AND HAVE SIGNED UNDER MY OWN FREE WILL.
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