WAIVER & RELEASE OF LIABILITY
RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION & HOLD HARMLESS AGREEMENT
This Release of Liability ("Agreement") is executed by the undersigned participant ("Participant") in favor of the Landlord/Property Owner, including any and all entities and individuals with ownership interest in the property, controlling, or managing the land, including all surrounding properties owned by the same Landlord, together with their members, partners, managers, officers, employees, agents, contractors, successors, and assigns (collectively, "Landlord").
By entering onto the real property located at 400 Port Dr., Liberty, Texas 77575, including any surrounding, any adjoining or surrounding parcels of land or water bodies and adjacent acreage or property owned, controlled, or managed by the Landlord, (collectively, the "Property"), including but not limited to trails, wooded areas, open land, structures, lakes, ponds, rivers, drainage areas, ditches, creeks, or any improvements or equipment present, Participant agrees as follows:
1. Acknowledgment of Condition of Property
Participant understands that the Property consists of raw, undeveloped land that may include, without limitation:
- uneven terrain, holes, ditches, loose soil, mud, rocks, and fallen trees
- insects, snakes, wild animals, reptiles, and other natural wildlife
- slippery surfaces, dense brush, exposed roots, or tripping hazards
- natural or man-made hazards that may not be obvious or visible
- water hazards including lakes, ponds, rivers, streams, creeks, standing water
- deep water, sudden drop-offs, murky water, or unexpected depth changes
The Landlord does not inspect, maintain, or guarantee the safety of the Property and makes no warranties regarding its condition, fitness, or suitability for any activity.
The Landlord makes NO WARRANTY—express or implied—regarding the condition, suitability, safety, or fitness for ANY activity, including recreational or water-related activities.
2. Assumption of ALL Risks (Known & Unknown) – Including all Scouting & Water Activities
Participant voluntarily assumes full and sole responsibility for all risks, hazards, and dangers that may arise from entering or using the Property, including but not limited to:
SCOUTING ACTIVITIES SUCH AS:
- hunting and shooting activities
- hiking, rucking, trail exploration
- camping, primitive camping, sleeping outdoors, hammock use
- knife/axe use, whittling, fire-starting, cooking, charcoal/propane use
- archery, obstacle courses, climbing, physical challenges
- use of tools or equipment (manual or powered)
- zip-lining and ropes course
- ATV, 4-wheelers, motor-powered vehicles, motorized biking, and biking operations
- anything pertaining to the Scouting activities and events
WATER-RELATED ACTIVITIES INCLUDING:
- swimming, wading, canoeing, kayaking, paddle boarding, rafting
- fishing, net casting, pier/dock usage
- accidental entry into water, water crossings, flash flooding, or entering water for any reason
Other general risks include:
- trips, slips, falls, collisions, dehydration, heat exhaustion
- lightning, storms, extreme weather, falling branches
- personal injury, serious bodily injury, disability, paralysis, or death
- property loss, property damage, theft, or destruction
- accidents, falls, collisions, natural hazards, acts of nature/weather-related conditions or acts of nature
- drowning, near-drowning, water inhalation, or loss of consciousness
- negligent acts or omissions of Participant or any other individuals on the Property or third party
Participant acknowledges that drowning is a risk and that no lifeguard, water supervision or rescue equipment is provide and agrees that Landlord has NO duty to warn of hidden, concealed, or unknown dangers, including within or around water areas.
3. Complete Release of Liability
To the maximum extent permitted by Texas law, Participant fully and permanently releases and discharges Landlord from:
- ANY AND ALL claims, causes of action, demands, damages, losses, or liability
- Any injury, illness, accident, drowning, death, or property loss
- Whether caused by Participant, a third party, or Landlord's ordinary negligence
- Whether occurring on the leased land or on any other property owned by Landlord
- WHETHER KNOWN OR UNKNOWN
- ARISING FROM OR RELATED TO Participant's presence on or use of the Property
This release applies regardless of cause, including but not limited to Landlord's ordinary negligence.
4. Covenant Not to Sue
Participant agrees not to sue, initiate a claim, or pursue legal action against Landlord for any reason related to the Property, including injuries or death resulting from any reason related to the Property or activities conducted on it.
If Participant or anyone on Participant's behalf initiates a claim against Landlord in violation of this Agreement:
- Participant shall be liable for all attorney fees, defense costs, and expenses incurred by Landlord.
5. Indemnification & Hold Harmless
Participant agrees to indemnify, defend, and hold harmless Landlord from any and all claims, lawsuits, damages, losses, expenses, or liability (including attorney fees) that arise from or relate to:
- Participant's presence on the Property
- Participant's actions or omissions
- any guest, minor, or invitee brought onto the Property by Participant
- any claim brought by third parties related to Participant's activities
- heat exhaustion and other medical issues that may arise for various Scouting activities
- failure to follow rules or safety procedures/instruction
- injuries occurring during any scouting or water activities
This obligation applies even if the claim alleges negligence by Landlord.
6. Binding Effect
- This Agreement is binding on Participant, their heirs, executors, estate, legal representatives, family members, and assigns.
- If any part of this Agreement is found unenforceable, the remainder shall continue in full force and effect.
7. Acknowledgment
By signing below, Participant acknowledges:
- I have read and fully understand this Agreement.
- I am signing voluntarily and of my own free will.
- I understand I am giving up substantial legal rights, including the right to sue.
- I agree that this waiver applies to all future visits, not only today's date.
PARTICIPANT PLEASE TYPE AND SIGN YOUR NAME BELOW:
If Participant is under 18, Parent/Guardian must Type Name and Sign below:
I certify I am the parent/legal guardian and agree to all terms on behalf of the minor.