WAIVER - Capt'n Karl's Trail Series 60km/30km/20km/10km/5km:
In consideration of the foregoing, I, for myself, my heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims and courses of action I have or may have against The Capt'n Karl's Trail Series 60km/30km/20km/10km/5km, Traverse Running, Tejas Trails, Brad Quinn, Nyla Quinn, Chris McWatters, Krissy McWatters, Kyle Wilkie, Event Data Solutions, Inc., USATF, race volunteers, Muleshoe Bend Recreation Area, Reveille Peak Ranch, Pedernales Falls State Park, Colorado Bend State Park, the State of Texas, Texas Parks & Wildlife Department, Lower
Colorado River Authority, their agents, employees, officers, directors, successors and assigns, and any and all sponsors, their representatives and successors, that may arise as a result of my participation in The Capt'n Karl's Trail Series 60km/30km/20km/10km/5km and any pre- and post- event activities. I understand that
this event may cause serious bodily harm including broken bones and even death. I attest and verify that I am physically fit and have sufficiently trained for the completion of this event and my physical condition has been verified by a licensed medical doctor. I also understand that this is a USA Track and Field Sanctioned
event and all USATF rules and regulations govern this event. For and in consideration of USA Track & Field, Inc. (“USA Track & Field”) allowing me, the undersigned, to participate in the USA Track & Field sanctioned event described above (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field, Inc., its members, member clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the Event Directors, Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion
pictures, recordings, or any other record of this event for any legitimate purpose including commercial advertising. I agree to all conditions listed above.
REVEILLE PEAK RANCH*
ACCEPTANCE OF RISKS INDEMNIFICATION AGREEMENT:
I. Assumption of the Risk
I, the undersigned Ranch Guest, fully understand and agree that participation in any activity listed below associated with race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch or using equipment provided by race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch or my own personal equipment, upon property owned or operated by race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch may result in accidental or other physical injury or property damage. I ACKNOWLEDGE THAT MY PARTICIPATION IN ACTIVITIES AT REVEILLE PEAK RANCH INHERENTLY ENTAILS KNOWN AND UNKNOWN RISKS AND INHERENT DANGERS WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO MYSELF, TO PROPERTY, OR TO THIRD PARTIES. I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL ENTERTAINMENT QUALITIES OF THE ACTIVITIES. Furthermore, I understand that race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch seek safety, but are not infallible. Race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch might be unaware of a Ranch Guest's fitness or abilities. Race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch might misjudge the weather, the elements, or the terrain. Race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch may give inadequate warnings or instructions, and the equipment being used might malfunction. I also understand that race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch have no control over certain hazards concerning surface or subsurface conditions of property; natural conditions of land, vegetation, or waters; and the behavior of wild or domestic animals. I understand that I am ultimately responsible for identifying hazards which may cause risk of injury or damage during my activities. I, for myself my heirs, legal representatives, and assigns agree to assume the risk of such injury or damage.
II. Assumption of Personal Responsibility
In consideration of the services of race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, their agents, owners, officers, volunteers, other Ranch Guests, employees, and all other persons or entities acting in any capacity on their behalf, I ASSUME ALL THE FOREGOING RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY INJURY, DEATH, OR DAMAGE OF ANY KIND. I DO HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE VOL AND KRISTI MONTGOMERY AND/OR REVEILLE PEAK RANCH AND ITS SUCCESSORS ASSIGNS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO HEREIN AS “RELEASED PARTIES”), FROM ANY AND ALL MANNER OF CAUSES OF ACTION, LAWSUITS, CLAIMS, DEMANDS, JUDGMENTS AND DAMAGES of every kind and character, known or unanticipated, including, but not limited to, claims of Released Parties negligence or the condition or use of the property of any of the Released Parties, that I have or could have against the Released Parties or any of them, resulting from or arising out of participation in the Activity.
III. Agreement to Indemnify/Hold Harmless
Race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch shall not be responsible for any lost or stolen items of personal property. I AGREE TO INDEMNIFY AND HOLD race hosting entities, VOL AND KRISTI MONTGOMERY AND/OR REVEILLE PEAK RANCH AS RELEASED PARTIES HARMLESS AGAINST ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES, including reasonable attorneys' fees for the defense thereof, arising from a Ranch Guest’s, or Ranch Guest’s invitees’, or children's activities on or around the property of Vol and Kristi Montgomery and/or Reveille Peak Ranch at anytime, EVEN IF the claim, demand, damage, cost or expense is CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF VOL AND KRISTI MONTGOMERY AND/OR REVEILLE PEAK RANCH.
IV. Assumption of Costs/Medical Risks
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
V. Agreement NOT to Sue; Waiver of Liability, Choice of Law/Venue
IN EXCHANGE FOR MY PARTICIPATION IN ACTIVITIES AT REVEILLE PEAK RANCH, I (FOR MYSELF, MY HEIRS, FAMILY MEMBERS, PERSONAL REPRESENTATIVES, AND ASSIGNS), AGREE NOT TO SUE THE RELEASED PARTIES. I EXPRESSLY AGREE THAT THIS WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT IS INTENDED TO BE AS BROAD AND AS INCLUSIVE AS IS PERMITTED BY THE STATE OF TEXAS, and that if any portion, word, term, phrase, clause or paragraph of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. It is further agreed that the execution of this waiver of liability, release indemnification and hold harmless agreement will not constitute a waiver by race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch of any defense recognized by federal or state courts. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch on the basis of any claim from which I have released them herein. I understand that this is the entire agreement between me and race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, and this agreement cannot be modified orally. I also understand that this Agreement is governed by Texas law and that venue is proper only in Burnet County, Texas.
VI. Authorization to Provide Medical Treatment
I understand that Reveille Peak Ranch seeks to provide a safe environment for Ranch Guests, however, I also understand that emergency medical care may or may not be immediately available if I do suffer minor or major or life threatening injury. I hereby authorize the staff and representatives of race hosting entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch to arrange and secure any necessary emergency medical and dental treatment. I also understand that I am responsible for any charges for these emergency services. VII. Permissible Activities:
I understand that any Ranch Guest desiring to conduct activities not on the below list must first obtain written permission from Vol or Kristi Montgomery or their designated Reveille Peak Ranch representatives. I understand I must conduct the following activities only in their designated areas. I UNDERSTAND THAT RANCH GUESTS MAY NOT CONSUME ALCOHOL WHILE PARTICIPATING IN MOUNTAIN BIKING, TRAIL RUNNING, WATER ACTIVITIES, HUNTING/SHOOTING, CHALLENGE COURSES, OR ANY OTHER ACTIVE EVENT AT THE RANCH.
1. Hiking or Trail Running
2. Mountain Biking
5. Paddle Boarding, Kayaking, or Canoeing
7. High or Low Challenge Course Elements
8. Portable Low Ropes or Climbing Walls
9. Rock Climbing
10. Scuba Diving
VIII. Use of Shuttle
As a Ranch Guest, I agree that this release covers any use of the Reveille Peak Ranch shuttle either on or off property. I voluntarily bear the risk of riding in the shuttle and I agree NOT to hold liable race hosting entities, Vol or Kristi Montgomery or any released parties in case of an accident.
BY MY SIGNATURE AND INITIALS, I ATTEST THAT I AM PHYSICALLY CAPABLE OF SAFELY PARTICIPATING IN THE ABOVE DESIGNATED ACTIVITIES, AND I AM NOT AND WILL NOT BE UNDER THE INFLUENCE OF ANY MEDICATION, ALCOHOL, OR SUBSTANCE, THAT WOULD IMPAIR MY ABILITY TO SAFELY PERFORM THE ABOVE ACTIVITIES. I have had sufficient opportunity to read this entire document and present it to an attorney for review if I wanted to. I have read and understood it, and I voluntarily agree to be bound by its terms. If I am under 18, I have permission of at least one Parent or Guardian to participate in the above activities as signed below. Finally, I HAVE READ APPENDIX A RANCH RULES AND AGREE TO ABIDE BY THEM.
APPENDIX A: RANCH RULES
As a Ranch Guest at Reveille Peak Ranch, I have read and agree to abide by the following Ranch Rules. I understand that I may forfeit my opportunity to participate in Ranch activities if I perform activities in an unsafe manner or breach these rules. I also understand that Vol and Kristi Montgomery and Reveille Peak Ranch retain the right to update, change, or amend these rules at anytime. It is therefore my responsibility to keep apprised of Ranch Rules and any updates to those Rules prior to my participation in any activity.
At Reveille Peak Ranch:
• Ride/Run ONLY on marked trails
• There is to be NO collecting of rocks, plants or animals
• Dogs must remain on leash except on trails
• NO dogs are allowed in the Pavilion or pool area.
• Personal Flotation Devices (PFDs) must be worn during any lake-water activity
• Helmets must be worn at all times when on a Bicycle
• Riders must stay within their skill level
• Please yield appropriately
• There is NO smoking in the Pavilion area
• NO altering, defacing, destroying, or removing establishment property
• There is absolutely NO littering. I agree to all conditions listed above.