THIS PROPERTY MAY HAVE VISIBLE AND/OR HIDDEN OBSTRUCTIONS, THORNS, VENEMOUS SNAKES, WILDLIFE, FARM EQUIPMENT, AND/OR OTHER NATURAL OR MANMADE OBJECTS AND/OR CONDITIONS SUCH AS SEVERE WEATHER WHICH MAY BE DANGEROUS TO VISITORS AND/OR THEIR VEHICLES. VISITORS MUST LOOK OUT FOR THEIR OWN SAFETY FROM PHYSICAL CONDITIONS WHICH MAY EXIST ON THESE PREMISES. VISITOR HEREBY ACKNOWLEDGES HE OR SHE IS VOLUNTARILY PRESENT ON THE PROPERTY WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREES TO ACCEPT ALL RISKS OF INJURY OR DEATH, PROPERTY LOSS OR DAMAGE.
In consideration of the right to enter lands owned or leased by Landowner, I, individually and on behalf of my children, release, acquit and forever discharge Landowner from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, that may arise from my or my children’s use and entry upon such lands. This Release shall include any accident, incident or occurrence caused by the negligence of Landowner. I further agree that I, my children, my heirs, successors and assigns, will not make any claim or institute any suit or action at law or equity against Landowner arising from any such accident, incident or occurrence. I, individually and on behalf of my children, further agree to protect, indemnify and hold harmless Landowner for any loss by them arising from any acts by me or my children, whether negligent or not, while we are upon or using any lands owned or leased by Landowner.
The term “my children” shall include my own children, wards, and any other children in my care while upon Landowner’s property. The term “Landowner” includes the owner and/or lessee of the land upon which I am entering, and such owner’s agents, employees, officers, directors, and assigns, as well as all agents, employees, board of directors, advisory board members, assigns, and agricultural tenants of the Coastal Prairie Conservancy and all co-owners, agents, employees, assigns and agricultural tenants of the Warren Ranch.
I UNDERSTAND THAT, BY TYPING MY NAME IN THE BOX BELOW AND SUBMITTING THIS FORM, I HAVE AGREED, INDIVIDUALLY AND ON BEHALF OF MY CHILDREN, NOT TO BRING SUIT OR ASSERT ANY CLAIM AGAINST LANDOWNER EVEN THOUGH WE OR OUR PROPERTY ARE INJURED OR DAMAGED AS A RESULT OF THE NEGLIGENCE OF LANDOWNER, THEIR GUESTS OR ANY OF THE ABOVE DESCRIBED PARTIES WHILE WE ARE UPON OR USING THE OWNED OR RENTED LANDS OF LANDOWNER. I ALSO UNDERSTAND THAT WE HAVE AGREED TO INDEMNIFY, PROTECT AND HOLD HARMLESS LANDOWNER FOR ANY ACTS BY ME OR MY CHILDREN WHICH CAUSE DAMAGE OR INJURY WHILE ANY OF US ARE ON LANDS OF LANDOWNER. I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by the Coastal Prairie Conservancy “social distancing” must be practiced and face coverings worn at all times to reduce the risks of exposure to COVID-19 unless the only participants are members of the same household. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, the Coastal Prairie Conservancy has put in place preventative measures to reduce the spread of COVID-19. However, the Coastal Prairie Conservancy cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in Coastal Prairie Conservancy events and/or other face to face activities. By attending a Coastal Prairie Conservancy event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact the Coastal Prairie Conservancy at bfoshee@coastalprairieconservancy.org if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with the Coastal Prairie Conservancy.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I, individually and on behalf of my children, acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with the Coastal Prairie Conservancy, and I willingly engage in Coastal Prairie Conservancy events and/or other activities (the “Activity”).
RELEASE AND WAIVER.
I, INDIVIDUALLY AND ON BEHALF OF MY CHILDREN, HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE COASTAL PRAIRIE CONSERVANCY, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I, individually and on behalf of my children, acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I, individually and on behalf of my children, knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties.
