Waiver

RELEASE OF LIABILITY AND ACKNOWLEDGMENT AND ACCEPTANCE OF DANGERS, RISKS AND HAZARDS OF THE ACTIVITY

I, (the “Participant”), do hereby enter into this Release of Liability and Acknowledgment and Acceptance of Dangers, Risks and Hazards of the Activity (this “Release”) and affirm and acknowledge that I have been informed of the inherent hazards and risks associated with participating in hunting with firearms or archery, fishing, swimming, shooting, skeet shooting, rifle shooting, partying, alcohol consumption, working, operating of all-terrain vehicles and all other vehicles/equipment, ranch activities, activities involving firearms, water transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage (collectively, referred to as the “Activity”). Inherent hazards and risks include, but are not limited to:

1. Risk of injury from the activity and weapons used in hunting/fishing is significant including the potential for permanent disability and death;


2. Possible equipment failure and/or malfunction of my own or others’ equipment which may have been rented, borrowed or personally owned;


3. My own negligence and/or the negligence of others, including Released Parties (as defined below), including but not limited to operator error;


4. Discharge of weapons, whether accidental, intentional, or caused by malfunction of the same;


5. Hazards related to fishing or hunting from a vessel and/or other fishing or hunting sites which include but are not limited to: collision, capsizing, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, marine life forms, and/or drowning;


6. Hazards related to farm animals which include but are not limited to attack by or encounter with horses, cows, sheep, goats and pigs;


7. Cold weather and heat related injuries and illness including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration;


8. Exposure to outdoor elements, including but not limited to avalanche, rock fall, inclement weather, thunder, lightning, severe and/or varied wind, hail, tornadoes, temperature and other weather conditions;


9. Attack by, bite by, or encounter with insects, reptiles (including but not limited to snakes), and/or animals;


10. Accidents or illness occurring in remote places where there are no available medical facilities;


11. Fatigue, chill, and/or dizziness, which may diminish my/own reaction time and increase the risk of accident;


12. Crawling up or down, or entering into or getting out of tree stands, tripods, quad stands and/or other type of stand;


13. Erosion and general condition of the land, both on and off road ways, creating rough, hazardous and dangerous driving and walking conditions;


14. Transportation to and from the Activity, on the property or coming from a place off the property to the property, or from one property where the Activity occurs to another property where the Activity occurs; and


15. My sense of balance, physical coordination, and ability to follow instructions.

I understand the description of these risks associated with the Activity is not complete and that unknown or unanticipated risks may result in injury, illness or death.  I understand that the Activity is an inherently dangerous activity, and I understand that my participation in the Activity can possibly lead to serious bodily injury or death to my person.  I hereby state that I am aware of these facts and expressly assume all such dangers, risks and hazards of entering any premise that engages in the Activity.

In exchange for the right to participate in the Activity, I hereby knowingly and voluntarily grant this Release and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge all of the Released Parties for any Damages that I may suffer as a direct result of my participation in the Activity. 

For purposes of this Release, the following terms shall have the following meanings:

1. The term “Released Parties” shall mean all of the following: Ryan Gardner, 24 Outfitters LLC, landowners associated with 24 Outfitters LLC (including but not limited to any and all landowners who allow the Participant and/or 24 Outfitters LLC, Ryan Gardner or otherwise access onto their land for any reason) (such group of entities and people, individually a “Party” and collectively, the “Parties”), and each such Party’s parents, subsidiaries, affiliates, officers, directors, managers, shareholders, members, licensees, employees, independent contractors, staff, volunteers, attorneys, successors, assigns, heirs, agents, and representatives.


2. The term “Damages” shall mean any and all claims, controversies, suits, liabilities, complaints, debts, liens, obligations, rights, harm, expenses, demands, contracts, agreements, damages, injuries (whether physical or psychological), claims, losses, other liabilities, disfigurement, pain, suffering, property damage, illness, paralysis, disability (whether permanent or temporary), death, economical loss, attorney’s fees, costs, actions, causes of action, and losses of any and every kind and character, whether characterized as actual, compensatory, direct, incidental, consequential, derivative, punitive, exemplary, penalty, or otherwise, whether now known or unknown, whether matured or unmatured, whether arising under federal law or under the law of any state, whether arising under constitution, statute, code, administrative rule or regulation or order, whether arising under common law or equity, whether set out in any prior claims, demands, pleadings, and correspondence, directly or indirectly, or whether based in tort, contract, implied or express agreements, or any other theory of recovery whatsoever.

I am participating in the Activity voluntarily and at my own risk. I am aware of the risks involved in the Activity, including without limitation the possibility of suffering any Damages.  I assume all risks involved, both known and unknown to me, of my participation in this Activity regardless of whether the Damages or caused by me, any of the Released Parties, or any other party.

I am participating in the Activity voluntarily and at my own risk. I am aware of the risks involved in the Activity, including without limitation the possibility of suffering any Damages.  I assume all risks involved, both known and unknown to me, of my participation in this Activity regardless of whether the Damages or caused by me, any of the Released Parties, or any other party.

I agree to indemnify, defend and hold harmless all Released Parties against any and all Damages related to the Activity asserted or brought by me or anyone on my behalf. If any of the Released Parties incur any Damages related to the Activity, then I hereby agree to reimburse the Released Parties for any such Damages related to the Activity.

I acknowledge that I have carefully read this Release and fully understand that it is a release of liability, meaning that I give up the right to hold any of the Released Parties liable for any Damages related to the Activity. I expressly agree to release and discharge all Released Parties from any and all claims for any Damages related to the Activity, and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against any of the Released Parties for any Damages related to the Activity.

If I should require medical care or treatment for any Damages, including without limitation any injuries or illness, sustained as a result of my participation in the Activity, then I agree to be solely financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

This Release was entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. I agree that this Release is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Release, but that it will be interpreted based on the language of this Release, in accordance with the purposes and reasons for this Release.

This Release is to be construed in accordance with the laws of the state of Texas and county in which the Activity takes place. This Release shall be binding upon and inure to the benefit of Participant, the Released Parties, and their respective heirs, executors, administrators, representatives, successors and assigns.

If any provision contained within this Release is deemed invalid or severable, or if any term, condition, phrase, or portion of this Release shall be determined to be unlawful or otherwise unenforceable, then the remainder of this Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties to this Release.

In the event of an emergency, please contact the following person(s) in the order listed:

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PARTICIPANT RELEASE

I, the Participant, affirm that I am 18 years of age or older, and that I freely sign this Release. I certify that I have read this Release and that I fully understand its content.

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PARENT / GUARDIAN RELEASE FOR MINORS

If the Participant is under the age of 18 years, this Release must be signed by the minor’s parent or legal guardian.

I certify that I am the parent or legal guardian of the minor named above, and do hereby give my consent without reservation to the foregoing Release on behalf of this Participant.

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PHOTOGRAPH PARTICIPANT RELEASE

I, the Participant, affirm that I am 18 years of age or older, and that I freely sign this Photograph Participant Release.

I know that people will be taking pictures and videos throughout my time with, by or near 24 Outfitters LLC, and I hereby agree my picture, video, photograph, image, name, asset, and any other quality I have or might have may be used, posted, published or otherwise provided to all or some parts of the world through any means desired by 24 Outfitters LLC (including but not limited by internet, website, books, magazines, articles or otherwise), provided any picture, photograph, image, video or otherwise that shows any portion of any uncovered “private” body part, undergarments or other similar images will not be used and will be destroyed by 24 Outfitters LLC.

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PHOTOGRAPH PARENT / GUARDIAN RELEASE FOR MINORS

If the Participant is under the age of 18 years, this Photograph Parent / Guardian Release for Minors must be signed by the minor’s parent or legal guardian.

I certify that I am the parent or legal guardian of the minor named above, and I know that people will be taking pictures and videos throughout the Participant’s time with, by or near 24 Outfitters LLC, and I hereby agree that the Participant’s picture, video, photograph, image, name, asset, and any other quality Participant has or might have may be used, posted, published or otherwise provided to all or some parts of the world through any means desired by 24 Outfitters LLC (including but not limited by internet, website, books, magazines, articles or otherwise), provided any picture, photograph, image, video or otherwise that shows any portion of any uncovered “private” body part, undergarments or other similar images will not be used and will be destroyed by 24 Outfitters LLC.