Waiver and Release from Liability
I specifically agree that, for the purpose of binding and on behalf of myself, and each member of my family and my, his or her respective legal representatives, executors, heirs, administrators, next of kin, successors and assigns (collectively, “Releasing Party”), and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged (including, but not limited to, the extension of guest privileges to me), I and all Releasing Party IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE, to the maximum extent permitted under applicable law, Peter Maugans and Gretchen Benolken Maugans, Waterfront Hideaway Ranch, LLC, Nonahmeh LLC, and his or her respective legal representatives, members, managers, Released Partys, Releasing Partys, executors, heirs, next of kin, estate, administrators, employees, agents, attorneys, successors, and assigns (collectively, “Released Party”), of and from all civil and/or criminal charges, complaints, contracts, promises, disagreements, disputes, agreements, controversies, suits, rights, demands, causes, losses, debts, actions, causes of action, claims, judgments, obligations, damages, liquidated damages, lawsuits, liabilities, and expenses, including any claims for attorney’s fees and costs, of any kind and character, known or unknown, suspected or unsuspected, anticipated or unanticipated, which I or any Releasing Party now have, claim to have, or may have in the future against any Released Party arising out of or related in any way to my being a guest of Peter Maugans, Gretchen Benolken Maugans, Waterfront Hideaway Ranch, LLC, and/or Nonahmeh LLC, at their real property located on Lloyds Road in Denton County, Texas (the “Ranch”), including, but not limited to, my participating in any events or activities during the time period that I or they am or are a guest at the Ranch.
I understand that the events and activities that are being released herein that I and Releasing Party may participate in as a guest at the Ranch will be inherently dangerous and may cause serious or grievous injuries, including personal injury, bodily injury, damage to and/or loss of personal property, and/or death. Such events and activities may include, but not be limited to, driving and/or riding on three- and four-wheelers, golf carts, tractors, trailers, and other motorized vehicles, using equipment, boating, fishing, kayaking, hiking, swimming, climbing trees, exploring, encountering tamed and wild animals, reptiles and insects, camping, and other activities. I realize that by signing this document, I am waiving all claims for damages, injuries, and death sustained by me or my property that any Releasing Party may ever have against any Released Party that is in any way related to or arising from 1) my being a guest at the Ranch, 2) my using any motorized or non-motorized vehicle, including, but not limited to, four wheeler, all terrain vehicle, boat, jetski, wave runner, kayak, canoe, paddle board, paddle boat, or other equipment and/or 3) my participating in any and all events and activities either at the Ranch or as a result of being a guest at the Ranch.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE FROM LIABILITY. I understand and confirm that by signing this WAIVER AND RELEASE FROM LIABILITY that I have given up considerable future legal rights on my own behalf, and on behalf of Releasing Party. I have signed this WAIVER AND RELEASE FROM LIABILITY freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me, and I understand and confirm that this document supersedes any prior oral or written agreement concerning the subject matter herein. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the fullest extent of the law. I am 18 years of age or older, and I am mentally competent to enter into this WAIVER AND RELEASE.
I further understand and agree that if (1) any provision of this WAIVER AND RELEASE FROM LIABILITY is prohibited by law, such prohibition shall not affect the validity of the remaining provision, and (2) any provision of this be found by a court of competent jurisdiction to be invalid, unenforceable, illegal or void for any reason, such provision shall be replaced with a provision that is valid, enforceable, and legal and which, to the greatest extent possible, provides the same rights, duties and/or obligations as were provided in the invalid, unenforceable, illegal and/or void provision.
3.06. Released Party hereby grants Releasing Party and Releasing Party’s invitees a non- exclusive license over and across Released Party’s Property for the exclusive purpose of permitting Releasing Party to reach Lake Lewisville (the “Lake Access”). Releasing Party expressly agrees to keep all external gates on Released Party’s Property closed and chained. Releasing Party shall be solely responsible for the conduct of and safety of Releasing Party’s invitees using the Lake Access. Releasing Party shall personally accompany any and all of Releasing Party’s invitees at all times that such invitees are on the Leased Premises, the Released Party’s Property and/or the Lake Access.
9.01. Indemnification of Released Party. Released Party is not liable for any loss, damage, cost, or injury of any kind whatsoever, EVEN IF SUCH LOSS, DAMAGE, COST OR INJURY ARISES FROM OR IS ATTRIBUTABLE TO THE SOLE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASED PARTY, to any person or property (i) caused by, arising from, or related to any use of the Leased Premises (or any part thereof), the Released Party’s Property, and /or the Lake Access; or (ii) caused by, relating to, or arising from any defect in the Leased Premises, the Released Party’s Property, and /or the Lake Access; or (iii) caused by, relating to, or arising from any act or omission of Releasing Party or Releasing Party’s family members, or any act or omission of any of Releasing Party’s agents, employees, licensees, or invitees; or (iv) caused by, relating to, or arising from any accident, fire, or other casualty on the Leased Premises, the Released Party’s Property, and /or the Lake Access; or (v) brought about by Releasing Party’s failure to maintain the Leased Premises (including but not limited to the Lake Access and restricting access thereto) in a safe condition. Releasing Party waives all claims and demands on Releasing Party’s behalf against Released Party for any such loss, cost, damage, or injury. Releasing Party shall indemnify and hold Released Party entirely free and harmless from all claims, costs, demands, or liability for any such loss, costs, damage, or injury of other persons and from all costs and expenses arising from and claims or demands concerning any such loss, cost, damage, or injury EVEN IF SUCH LOSS, DAMAGE, COST OR INJURY ARISES FROM OR IS ATTRIBUTABLE TO THE SOLE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASED PARTY. If any action or proceeding is brought against Released Party by reason of loss, damage, cost, or injury described in this paragraph, Releasing Party, upon notice from Released Party, shall defend at Releasing Party’s sole cost the action or proceeding by counsel acceptable to Released Party.
