ASSUMPTION OF RISK, CONFIDENTIALITY AGREEMENT & PERSONAL LIABILITY RELEASE
NOW THEREFORE, for good and valuable consideration, I (the undersigned) have requested access to Brothers Ranch and Zadok Ranch, located in Deschutes County in Oregon (the “Ranch”) owned by Brothers Ranch, LLC and Zadok Ranch, LLC (“Owner”). In exchange for the right to access and enter the Ranch, I, on my own behalf and behalf of my Representatives, children, and guests (as applicable), agree as follows:
1. Confidentiality; Nondisclosure. I agree to keep all confidential information received regarding the Ranch in strict confidence, not to disclose any such information to any other person, organization or governmental body, and not to use any such information for my own benefit, to the Ranch’s detriment or for any purpose other than those agreed in writing with the Ranch. All information which I or any of my employees receive at any time from the Ranch or any of its employees, officers, manager, vendors, or consultants (“Representatives”) shall be deemed confidential and subject to the provisions of this Agreement. Information provided by the Ranch shall be confidential and shall be subject to this Agreement whether or not it is marked or designated “confidential” at the time of disclosure. I shall be fully responsible and liable for any use or disclosure of confidential information.
2. Assumption of Risk. I, ON MY BEHALF AND ON BEHALF OF MY REPRESENTATIVES, KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH MY ENTRY ONTO THE RANCH, AND MY PARTICIPATION IN ANY AND ALL ACTIVITIES WHILE ON THE RANCH, including but not limited to riding horses, hiking, engaging with animals, driving or riding vehicles or equipment (including tractors, ATVs and snowmobiles), hunting, fishing, roping or branding. I acknowledge that entry onto the Ranch or participation in activities there is potentially dangerous and could lead to serious bodily injury or even death to me or any guest that I bring with me to the Ranch (including any of my children). I acknowledge that the Ranch is a working ranch and that Owner does not undertake any obligation to protect me or my guests. In addition, I acknowledge that Owner does not make any representations or promises about the condition of the Ranch or the roads, bridges, fences, buildings, equipment, horses, cattle or wildlife on the Ranch, or with respect to other users of the Ranch. I represent that I have no medical or physical condition that could interfere with my safety or the safety of others while I participate in Ranch activities.
3. Release from Liability. I HEREBY FULLY AND UNCONDITIONALLY RELEASE FROM LIABILITY AND DISCHARGE OWNER, each and every entity affiliated with Owner, and all agents and Representatives of any of these entities (including without limitation their owners, officers, managers, employees, independent contractors, and volunteers) (together, the “Released Persons”), from any and all claims, demands, and actions of any nature that I or my Representatives may at any time have against any Released Person arising out of or related to entry onto, use of or participation in any activities at the Ranch, including without limitation any claims, demands or actions that we may at any time have for bodily injury, death, property damage or loss which I, my children, or my Representatives may incur from use of the Ranch. I AGREE THAT THIS AGREEMENT AND RELEASE (AND THE AGREEMENT NOT TO SUE SET FORTH BELOW) WILL APPLY EVEN IF MY OR MY REPRESENTATIVE’S INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE NEGLIGENT WRONGFUL ACT, FAULT, ERROR OR OMISSION OF ANY ONE OR MORE OF THE RELEASED PERSONS, INCLUDING GROSS NEGLIGENCE OR EVEN RECKLESS ACTS OR DISREGARD. I WAIVE THE PROTECTION OF ANY APPLICABLE STATUTE OR LAW, AND I AGREE THAT THIS IS A GENERAL RELEASE EXTENDING EVEN TO CLAIMS THAT I DO NOT KNOW OF OR EXPECT TO EXIST WHEN I EXECUTE THIS AGREEMENT AND RELEASE.
4. Covenant Not to Sue. I AGREE THAT NEITHER I, MY PERSONAL REPRESENTATIVE, NOR ANY GUARDIAN OR ANYONE ELSE ACTING ON BEHALF OF ME OR ANY OF MY REPRESENTATIVES WILL EVER BRING ANY LEGAL ACTION AGAINST ANY OF THE RELEASED PERSONS for any injury, death, property damage or loss which may occur to me or any guest or Representative of mine (including any of my children) arising out of or related to use of the Ranch.
5. Indemnity. I agree to HOLD HARMLESS, INDEMNIFY AND DEFEND each Released Person from and against any claim, demand, or action by any person against such Released Person arriving out of or related to my or my guest’s or Representative’s entry upon or use of the Ranch or our participation in any activities.
6. Emergency Medical Care. I authorize the Owner and its Representatives to obtain or provide any emergency medical care they may consider necessary in their sole discretion. I will pay all costs for such care. I acknowledge, however, that the Ranch is located in a remote area, that medical care may not be available and that the Owner is not obligated to provide any medical care for me or my guests or Representatives.
7. Miscellaneous. I understand that I cannot terminate or revoke this Agreement and Release for any reason. If any part of this Agreement and Release is found unenforceable, the remaining parts shall still be enforceable. I will pay any Released Person’s reasonable attorney fees it spends to enforce this Agreement and Release, including costs of appeal. I certify by signing below that I am over 18 years of age and that I knowingly understand and agree to the terms set forth in this Agreement and Release. I agree to comply with all Ranch rules and regulations. I agree that my or my guest’s or Representative’s access to the Ranch may be revoked by Owner at any time for any or no reason. I agree the Owner may enforce this Agreement in any court in Deschutes County and Owner shall be entitled to emergency or injunctive relief.
I INTEND AGREEMENT AND TO BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY ALL STATE, LOCAL, AND FEDERAL LAWS. I AGREE TO GIVE UP THE SIGNIFICANT LEGAL RIGHTS I MIGHT OTHERWISE HAVE BY ENTERING ONTO THE RANCH PROPERTY.