
This is a legally binding release, waiver and indemnification of liability, express assumption of risks, and firearm possession certification. Please read this document in its entirety and carefully.
In consideration of the services provided by, and use of the facilities of, Ox Ranch Investment, LLC and Ox Residential, LLC, each of whom does business as Ox Ranch (“Ox Ranch”), and Paradigm SRP, LLC, which does business as DriveTanks.com (“DriveTanks.com”), and each of their respective agents, owners, members, managers, stockholders, officers, directors, volunteers, participants, employees, associated tour companies and all other persons or entities acting in any capacity on their respective behalves (collectively “Indemnified Parties”), I hereby enter into this legally binding release of liability, waiver of claims, assumption of risk, indemnity agreement, and firearm possession certification (collectively, the “Agreement”) on the date set forth below. The undersigned acknowledges and agrees that this Agreement shall be valid and binding on the undersigned regardless of whether he/she uses the services and facilities of the Indemnified Parties one time or on a repeated basis. As used in this Agreement, the term “the undersigned” includes minors in the care of the undersigned.
1. INHERENT RISKS. I am fully informed of the inherent risks and hazards of various activities at (a) Ox Ranch, which activities include without limitation, hunting, off-roading, jet skiing, driving tanks, driving cars and trucks, caving, skeet shooting, driving and riding on recreational vehicles, driving and riding on four-wheel all-terrain vehicles, using or riding on farm equipment, camping, hiking, fishing, cycling, riding, swimming, diving, boating, archeological activities, horseback riding, archery, machine gun shooting, repelling, zip lining, kayaking, paddle boarding, bowling, cow milking, feeding, tracking, viewing, approaching or attempting to take photographs with exotic animals at close range and without personal protection equipment, exercising, survival training, bush craft training, tubing, wakeboarding, and all other recreational activities conducted on the premises of Ox Ranch or DriveTanks.com (collectively, “Ox Ranch Activities”), and (b) Drivetanks.com, which activities include without limitation, riding in and on and driving military vehicles to include tanks and other tracked vehicles, shooting all forms of military weaponry ranging from machine guns to high-powered artillery, climbing on, in and about large military vehicles and tanks, explosive blows, other high impact explosive activities, and other recreational activities on certain real property located in or around Uvalde, Texas at the DriveTanks.com facilities located thereon and otherwise (collectively, the “DriveTanks.com Activities”, and together with the Ox Ranch Activities, the “Activities”).
I understand there are risks inherent in these Activities. I further understand that the Activities entail known, unknown and unanticipated risks that could result in personal injury, paralysis, emotional injury, death or other damage to myself, to property, or to third parties and understand and acknowledge that the enjoyment of this type of activity derives in part from the inherent risks beyond the accepted safety of my normal day-to-day activities. In particular, I acknowledge that, while exotic and other animals may appear docile or domesticated, such animals, including, without limitation, the ostriches, emus and kangaroos present on Ox Ranch, are, in fact, wild and can become aggressive and attack without warning, including, without limitation, when they are in “rut” or to protect their offspring against a threat, real or perceived.
I acknowledge that these inherent risks in the Activities are an integral reason for my participation in such Activities and understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activities. The inherent dangers and risks involved in entering the Ox Ranch and DriveTanks.com facilities and engaging in the Activities include, without limitation, all types of native and non-native wildlife, domestic and non-domestic animals, potentially harsh weather and geo-physical conditions, terrain of all types, stable and unstable surface and sub-surface conditions, water both above and below ground, the presence of others who may be engaging in Activities and chance of being hit or crushed by falling rocks, equipment, climbers, or other debris, poisonous snakes, poisonous plants, dangerous insects, dehydration, hypothermia, failure of equipment, improperly tied knots or buckled harnesses, improper rope or belay, and improperly placed fall protection. I also acknowledge that the Ox Ranch and DriveTanks.com facilities and terrain are located in a ranch environment that has numerous obvious and non-obvious inherent hazards including without limitation cliffs, rocks, holes, fences, machinery, stumps, logs, ditches, debris, roads, trails, washes, streams, rugged terrain, and forces of nature. I understand that the aforementioned risks and hazards are described by way of example only, and that there are numerous other risks and hazards inherent in the Activities.
2. ASSUMPTION OF RISKS
I understand that there are, and am aware of, natural and man-made hazards, risk and dangers on the Ox Ranch and at DriveTanks.com facilities as described above, by way of example, that may cause serious bodily harm or death or cause damage to or destruction of my personal property, and I hereby assume all risks in connection with such hazards, risks and dangers. I understand and appreciate the nature of the extent of such hazards, risks and dangers; I voluntarily, knowingly and expressly consent to exposing myself and my property to such hazards, risks and dangers; and I further agree and understand that none of the Indemnified Parties assume any liability for damages or injury to the person or property of the undersigned occurring on the Ox Ranch premises or facilities or DriveTanks.com facilities.
I also assume the risk I may experience extreme environmental or weather conditions and that exposure to the natural elements can be uncomfortable or harmful resulting in, by way of example, sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to either react or respond. I understand that communication across the terrain is difficult, the result of which is that in the event of an accident, rescue efforts or medical treatment may not be immediately available. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain, or extreme temperature variations, can occur.
4. INDEMNITY. I hereby agree to and shall indemnify and hold harmless the Indemnified Parties from and against any and all losses, injuries, costs, damages, claims, demands, suits, actions, liabilities, judgments and expenses, including without limitation litigation costs and all attorney’s and expert’s fees and expenses, on account of damage to or loss or destruction of any property or injury to or death of any person arising directly or indirectly out of or in connection with or that may arise out of entrance onto or use of the Ox Ranch premises and facilities and DriveTanks.com facilities or otherwise out of participation in Activities, whether caused by the negligent act or omission of the Indemnified Parties or otherwise. It is expressly understood by me that by the terms of this paragraph, I am agreeing to indemnify the Indemnified Parties and hold each of them harmless from the consequence of any such Indemnified Party’s negligence, whether such negligence be joined or concurrent, active or passive.
5. CERTIFICATION. I certify that I have sufficient skill and fitness to participate in the Activities and further certify that I have no medical, mental or physical conditions that could interfere with my safety or ability to participate in the Activities, and I am willing to assume and bear the costs of all risks and losses that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs that I may cause or suffer while participating in Activities or using the Ox Ranch premises and facilities and DriveTanks.com facilities, and I agree to bear the costs and/or losses of such injury, damage or emergency transportation costs myself.
6. EMERGENCY MEDICAL CARE. I further agree that in the event any Indemnified Party deems it necessary to administer emergency first aid or CPR or to remove me from the Activities or the Ox Ranch premises or facilities or the DriveTanks.com facilities, or to seek emergency medical care for me that, by signing this Agreement, I am giving such Indemnified Party permission to administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any healthcare provider that may become involved in my care, treatment or removal. By signing this Agreement, I am waiving the right to object to bring any type of action or claim against such Indemnified Party for his/her/their administration of emergency first aid or CPR or for securing emergency transport for medical care and/or for the disclosure of personal medical information it may have about me to any health care provider who becomes involved in my care or removal from the Activities.
7. MEDIA RELEASE. I understand that Ox Ranch and DriveTanks.com reserve the right to take photographic or film records of any or all of the Activities conducted on or within the Ox Ranch premises or facilities and Drivetanks.com facilities, and I hereby agree that Ox Ranch and DriveTanks.com may use such records for promotional and special commercial purposes without any remuneration to me. I hereby assign all rights, title, and interest I may have to any and all media in which my name or likeness might be recorded while at or on the Ox Ranch premises and facilities and DriveTanks.com facilities or while otherwise performing the Activities.
8. OX RANCH RULES. I have read and understand the Ox Ranch Rules attached hereto Exhibit A and incorporated into this Agreement for all purposes, and certify by my signature below that I agree to abide by the Ox Ranch Rules while on the premises of Ox Ranch or while utilizing the Ox Ranch or DriveTanks.com facilities, and while performing any Activities thereon.
9. CHOICE OF LAW. I agree that the substantive law of the State of Texas shall apply in any action arising from the Activities or otherwise under this Agreement without regard to conflict of law rules of the State of Texas. I agree to submit to the jurisdiction to the courts of Uvalde County, Texas. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement is intended to be interpreted as broadly as possible.
10. AUTHORITY TO SIGN. I represent and warrant that I am of lawful age and legally competent to sign this Agreement individually. I further represent and warrant that I have read, understood and signed this Agreement on behalf of myself, my heirs, successors and assignees.
11. Under Texas Law (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), An agritourism entity is not liable for any injury to or death of an agritourism participant resulting from an agritourism activity.
IN WITNESS WHEREOF, I have executed this Agreement individually as of the date set forth immediately below.