In consideration of the foregoing and of the opportunity to register for and participate in the 2019 Rogue Trail Series races (The Maze, The Tangle and/or The Stampede) known hereafter in this waiver as “Event”. As a condition of such registration and participation, by registering for the Event and by clicking below, I, for myself, my heirs, executors, administrators, personal representatives, attorneys, successors and assigns, hereby irrevocably waive and release any and all rights, claims, demands, and causes of action I have or may have in the future against the Released Parties (as defined in the next sentence) that have arisen or may arise as a result of my registration for or participation in the Event and any pre- and post- Event activities, including but not limited to any transportation that may be provided or involved in the Event. “Released Parties” shall mean Rogue Ventures, L.P., Rogue Training Systems, LLC, Rogue Equipment, LLC, the Rogue Trail Series, Rogue Running, Spectrum Trail Racing, Event Data Solutions, Inc., City of Austin, Walnut Creek Park, Flat Creek Ranch, Roam Ranch, any sponsor of the Event, and each of their agents, employees, officers, directors, managers, successors, and assigns, both separately and collectively. I further agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, actions, causes of actions, claims, expenses, attorney’s fees, and damages suffered on account of any injury, harm, or loss to me or my property, even injury resulting in death, which have arisen or may arise as a result of my registration for or participation in the Event and any pre- and post- Event activities, including but not limited to any transportation that may be provided or involved in the Event. I further agree not to sue the Released Parties with regard to any matter relating to the Event, including but not limited to all matters within the waivers, releases, and indemnifications set forth herein. The waivers, releases, and indemnifications herein expressly include waiver, release, and indemnification for any negligence, actions, or inactions of any party or person, including the Released Parties’ own negligence. I understand and acknowledge that my participation in the Event involves rigorous physical activity and that it may be hazardous, and that such participation may cause or lead to serious bodily harm, injury, and even death. I hereby expressly assume all known and unknown risks associated with the Event or which may be encountered in relation to the Event or my participation in the Event or any activities preliminary or subsequent to the Event, which known risks may include but are not limited to: injury (including death); accidents; loss of or damage to my property; the effects of weather; road/terrain conditions that may vary widely, including dangerous and adverse road/terrain conditions; traffic; persons and actions by persons; and the possibility that an Event may be postponed, ended early, or cancelled altogether by Event officials. I attest and verify that I am physically fit and have sufficiently trained for participation in the Event and that my physical condition and suitability to participate in the Event has been verified by a licensed medical doctor. I hereby grant full permission to any and all of the Released Parties to use my name and any photographs, motion pictures, recordings, or any other record of the Event (including of my participation in the Event), for any lawful purpose(s), including but not limited to commercial advertising. I understand that my entry fee for the Event is not refundable. I expressly agree that the waivers, releases, indemnifications, and authorizations herein are intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion hereof is held by any court of competent jurisdiction to be invalid or unenforceable, it is agreed that the balance hereof shall be severable and separately enforceable and shall continue in full legal force and effect to the greatest extent possible. This agreement contains the entire agreement with me regarding the Event and the terms and conditions hereof are contractual and not mere recital. I certify that I have read this agreement in its entirety and fully understand this agreement, and that by my agreement hereto I have given up substantial rights that I might otherwise have had, and that I agree hereto freely and of my own will. I confirm that all information provided is correct and I agree to all terms and conditions listed above.
Welcome to Roam Ranch! We are excited to show you the operation. Before we get started, there are a few things you should know. Your enjoyment and education during this experience is our top priority. This will require your help. Roam Ranch is the real deal—you are not at a petting zoo! Roam has rugged terrain, large bison, wild animals, utility vehicles, knives, axes, archery equipment, and sometimes firearms. Please maintain a safety-first mindset! We will do our part to make sure that the activities here are as safe as possible. If you see something that seems unsafe, please speak up! If you are doing something that we think is unsafe, please don’t get mad if we ask you to knock it off. Everyone needs to do their part to ensure that the humans and animals at Roam are in harmony.
And now, (because lawyers):
In consideration for access to Roam Ranch, the enjoyment of educational seminars, hospitality and other services provided at Roam (the “Event”), the undersigned (“Participant”), for themselves, and for their respective heirs, personal representatives and assigns, agree as follows:
Assumption of Risk: The undersigned hereby acknowledge and agree that they understand the nature of the Event; that Participant is qualified, in good health, and in proper physical condition to participate; that there are certain inherent risks and dangers associated with the Event; and that, except as expressly set forth herein, they, knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Event.
Release and Waiver: The undersigned hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE EACH OF: Roam Land Co., Ltd.; Roam Land Co. GP, LLC; Roam Meats, LLC; The Katie Forrest 2015 Trust; The Taylor Collins 2015 Trust; Katie Forrest; Taylor Collinsand each of them, their subsidiaries, affiliates, operating units, partners, officers and employees, (collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in the Event, except for those caused by the willful misconduct or intentional torts of the above parties, as applicable.
Indemnification and Hold Harmless: The undersigned also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Event, except for those arising out of the willful misconduct or intentional torts of the above parties, as applicable.
Permission to Use Likeness/Name: The undersigned further agree to allow, without compensation, Participant’s likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting Roam Ranch.
Severability: The undersigned expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: The undersigned has read this assumption of risk, release and waiver of liability and indemnity agreement, and has had the opportunity to ask questions about the same. The undersigned fully understand this assumption of risk, release and waiver of liability and indemnity agreement, that the undersigned is giving up substantial rights, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that she or he is signing this agreement freely and voluntarily.
I have read, understood, and accept the agreement above. My submission of this form shall act as my legal signature.