WARNING: UNDER COLORADO LAW, THERE IS NO LIABILITY FOR THE DEATH OF OR INJURY TO A PARTICIPANT IN AN AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY, PURSUANT TO SECTION 13-21-121, COLORADO REVISED STATUTES.

RELEASE, WAIVER, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

The undersigned, in consideration of participation in agricultural recreation or agritourism activities on land (the “Ranch”) owned or managed by JW Cattle Ranch, L.L.C. (“JW Cattle Ranch”) agree as follows:

Acknowledgment of Risk

I hereby agree and acknowledge that agricultural recreation or agritourism activities, including riding or driving all-terrain vehicles or other motorized vehicles, participating in equine activities, hunting, shooting, hiking, swimming, diving, tubing, and/or participating in rodeo and livestock activities (collectively, the “Agricultural Recreation Activities”) are potentially hazardous activities, possibly resulting in serious bodily injury or death. I acknowledge that my engaging in any Agricultural Recreation Activities either on my own or with a professional subjects me to risks, both known and unknown. Those risks include, but are not limited to, the inherent risks of the Agricultural Recreation Activities as well as other risks and dangers, including equipment failure, collisions with natural or man-made objects or other persons, falling off of the motorized vehicle or horse or the horse falling, behavior of the horse or other wild or domestic animals, drowning, the limitations of my own physical condition, the consumption of food or beverage, acts of God, the negligent and reckless acts or omissions of others or of JW Cattle Ranch, its officers, agents, directors and shareholders, members, managers, partners, employees, subcontractors or independent instructors (collectively with JW Cattle Ranch, the “Protected Parties”), and/or the forces of nature (the “Risks”). I further acknowledge that the above list is not inclusive of all possible risks associated with the Agricultural Recreation Activities, and that the above list in no way limits the extent or reach of this Release, Waiver, Indemnification and Hold Harmless Agreement (this “Agreement”). I further acknowledge and agree that my participation in the Agricultural Recreation Activities may be unsupervised at any or all times. I agree that use of the facilities and trails within the Ranch will be in accordance with all rules and regulations of JW Cattle Ranch (the “Rules”), as well as directions and instructions given by the director or employee of any facility used, or an otherwise designated person.

 

Release and Waiver

Acknowledging the Risks, I voluntarily agree and state as follows:

 

I voluntarily participate in the Agricultural Recreation Activities knowing the dangers involved and I assume all known and unknown risks, including the Risks. I RELEASE, DISCHARGE AND AGREE NOT TO SUE OR MAKE ANY CLAIM AGAINST THE PROTECTED PARTIES FROM ANY AND ALL FORESEEN AND UNFORESEEN INJURIES, DEATHS, LOSSES, ACTIONS, CLAIMS, JUDGMENTS, OR DAMAGES OF ANY KIND AND NATURE, INCLUDING ATTORNEY FEES AND COURT COSTS, WHICH MY HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS MAY NOW HAVE, OR HAVE IN THE FUTURE AGAINST THE PROTECTED PARTIES, OR ANY OF THEM, ON ACCOUNT OF PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR ACCIDENT OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE RANCH OR PARTICIPATION IN THE AGRICULTURAL RECREATION ACTIVITIES, WHETHER THAT USE OR PARTICIPATION IS SUPERVISED OR UNSUPERVISED, INCLUDING THOSE THAT MAY ARISE FROM MY BEING A SPECTATOR, HOWEVER THE DEATH, ACCIDENT, INJURY OR DAMAGE IS CAUSED.

 

The terms of this Agreement shall serve as a complete release and EXPRESS assumption of the Risks. I shall be solely responsible for my own safety and well-being, and for all expenses that arise directly or indirectly from the Agricultural Recreation Activities.

I consent to emergency medical treatment in the event of injury or illness.

I shall comply with all Rules and laws and ordinances now in effect or adopted in the future. I shall be solely responsible for ensuring that any children present with me know and abide by the rules and regulations and the terms of this Agreement. I understand that if JW Cattle Ranch or an independent instructor, wrangler or leader is in charge of a ride or an event, he/she can terminate it at any time if he/she thinks it is best, and I will abide by any requirements imposed upon me.

I grant to the Protected Parties the perpetual, irrevocable and unrestricted permission and right to use, license, display, produce, sell, market, distribute and publish for whatever purpose (including advertising, sale, and publicizing) any image, photograph and/or video taken of me, or my minor child (if applicable), with any retouching or alteration, including, without limitation, the use of the images, photos and videos in marketing materials and posting on social media and/or websites. I hereby release the Protected Parties from any claim relating to images, videos and/or photographs taken of me, or my minor child (if applicable), including, without limitation, any claim for libel, defamation or invasion of right to privacy or publicity. I further agree that images, photos or videos of me and/or my minor child (if applicable) may be used as stated in this Agreement without any compensation or additional permission.

Indemnification and Hold Harmless

I agree to hold harmless, defend, indemnify and reimburse the Protected Parties from all claims, damages, third party claims and losses (including its own losses, expenses, damages, attorney fees and court costs) that arise from my use of the Ranch and/or participation in the Agricultural Recreation Activities.

This Agreement is executed without reliance upon any promise, statement or representation by the Protected Parties, or any of them, or their representatives or attorneys, concerning any of the facilities, activities, any damages or legal liability therefore, or any other matter.

All statements above shall bind me, my heirs, personal representatives, executors, administrators, successors and assigns, and are not merely recitals. I acknowledge that JW Cattle Ranch has relied upon these terms, and that without this Agreement, fees would be higher, or JW Cattle Ranch would be unable to offer the Agricultural Recreation Activities or otherwise allow any outside parties to use the Ranch. I have read and fully understand the legal consequences of this Agreement, and acknowledge that JW Cattle Ranch has recommended that I have my attorney review this Agreement prior to my signing it. The information provided by me below is made a part of this Agreement.

THIS IS A RELEASE OF LIABILITY. IF UNDER EIGHTEEN (18) YEARS OF AGE, SIGNATURE OF A PARENT OR LEGAL GUARDIAN IS REQUIRED.

Please fill in ALL information requested below. DO NOT leave anything out.

NOTE: READ THIS AGREEMENT CAREFULLY, ASK ANY QUESTIONS BEFORE SIGNING, AND RETAIN A COPY. YOUR SIGNATURE ACKNOWLEDGES THAT YOU FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT, BELIEVE IT IS FAIR AND REASONABLE, AND AGREE TO ITS TERMS.