WEB & FIN GUIDE SERVICE
18445 Hwy 105 West
Montgomery, TX. 77356
RELEASE OF LIABILITY, ACKNOWLEDGEMENT AND ACCEPTANCE OF DANGERS, RISKS, AND HAZARDS AND INDEMNIFICATION AGREEMENT
In consideration of access granted by Web & Fin Guide Service, LLC ("Guide") to certain lands located in ___________________________________________________________ County(ies), Texas, (the "Premises"), I _____________________________ hereby acknowledge that I have knowingly and willfully have executed this RELEASE OF LIABILITY, ACKNOWLEDGEMENT AND ACCEPTANCE OF DANGERS, RISKS, AND HAZARDS AND INDEMNIFICATION AGREEMENT (this "Waiver") and hereby agree to the following:
I HEREBY RECOGNIZE, STIPULATE AND AGREE THAT I ACCEPT ACCESS TO THE PREMISES IN ITS CURRENT "AS-IS", "WHERE-IS" CONDITION AND WITH ALL FAULTS and that no warranty has been made as to the condition of the Premises or of any improvement that is located on the Premises. I acknowledge and understand that dangerous conditions do exist on and about the Premises and that the activities that the I desire to undertake and my presence on the Premises expose me to numerous dangerous conditions, risks and hazards, including but not limited to, poisonous snakes, insects and spiders; blinds and tree stands, rough, hazardous and dangerous driving and walking conditions, s; deep water, other persons with firearms, and use of vehicles for a purpose which they are not intended. I expressly assume all risks, hazards and dangers with the understanding that I will be exposed to same.
I HEREBY AGREE TO RELEASE, PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS Guide and Guide's owners, agents, employees, lessors, landowners, and representatives (the "Guide Parties") from and against any and all claims, demands, payments, liabilities, damages, suits, actions, recoveries, costs and expenses (including reasonable attorneys' fees and court costs) of whatsoever nature, including, without limitation, all losses and damage of any kind to property or personal injury (including death), based upon any danger, hazard or defect that may exist on or about the Premises or from any activity, accident, incident or occurrence arising out of, incidental to or in anyway resulting from my use, presence or activities on or about the Premises and all improvements located thereon, EVEN IF CAUSED BY THE STRICT LIABILITY OR NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF THE GUIDE PARTIES and whether asserted by me or any person claiming by, through or under me, and including any damages, costs and losses (including loss of business opportunity or profits) based upon the violation of any of the rules set forth below. I further covenant and agree that I, my heirs, successors and assigns will not make any claim or institute any suit or action at law or in equity against the Guide Parties by reason of conditions of the Premises or any activity, accident, incident or occurrence occurring thereon. I further agree that neither Guide nor Guide Parties shall be liable in an action for special, indirect or consequential damages relating to same.
While on or about the Premises, I agree to:
1. VACATE THE PREMISES PRIOR TO 9:00 P.M. WITHOUT EXCEPTION.
2. Comply with all local, state and federal laws, regulations and ordinances, including, without limitation, any of same relating to hunting and establishing hunting seasons.
3. Observe safe shooting practices, ensuring proper spacing with other persons located on the Premises and remaining cognizant of their cone of fire.
4. Refrain from using or permitting the use of alcohol or illegal drugs of any kind prior to entry on or while located on the Premises.
5. Refrain from removing or permitting any person to remove any earth, soil, shale, rock, minerals or any other like substances of whatever nature from the Premises.
6. Keep the Premises clean and remove any and all trash, spent shells, cans, or other forms of litter on or about the Premises.
7. During wet conditions, refrain from driving automobiles on any portion of the Premises. During such conditions, part all motor vehicles at the entrance to the Premises and proceed on foot or by using an ATV.
8. Refrain from blocking any roads or gates with any vehicle.
9. Keep all gates on the Premise closed.
10. Not ground shoot, roost shoot or target shoot.
11. Observe the boundaries of the Premises as specified by Guide.
12. Not institute contact with or participate in communication with the landowner of the Premises regarding the formation of business relationships related to the Premises and/or the provision for hunting or fishing on lands leased, licensed or otherwise controlled by Guide.
By signing below, I agree and stipulate that I have read and understood the forgoing. I UNDERSTAND THAT BY SIGNING BELOW, I AM AGREEING TO INDEMNIFY GUIDE AND THE GUIDE PARTIES FROM AND AGAINST THEIR OWN NEGLIGENCE. I hereby acknowledge that I have knowingly and willingly entered into this Waiver.