GUEST DISCLAIMER NOTICES AND RELEASE OF LIABILITY AGREEMENT:
Landowner. Landowner shall mean Fidelity Partners Medical Staffing, LLC, and shall include any persons or entities that may have an interest in or otherwise affiliated, including but not limited to its owners, officers, members, stockholders, directors and their heirs; singular, multiple and collectively herein referred to as the "Landowner" or “Company”.
Property. Property shall mean a certain tract of land owned by Landowner, located in Real County, Texas with a 911 Address of 9297 Ranch Road 335, Real County, Texas 78828 also known in part or whole from time to time as “Campo Rio Ranch” “Mission Transition” and “Camp Transition”.
Guest. Guest shall mean singular, multiple and collectively any social and nonsocial adult or minor invitee or other persons who have signed this Agreement, and have been granted access on to the Property by the Landowner.
Minor Guest. Minor Guest shall mean any child under the age of 18 on the Property whose parent, or legal guardian has signed this Agreement, and has been granted access on to the Property by the Landowner.
Trespasser. Trespassers shall mean any individual or entity who has not signed this Agreement prior to accessing the Property, and/or are otherwise on the Property or without the written consent of the Landowner; said persons or entities shall have no rights, authority, invitation, or permission to be on the Property and shall be subject to prosecution under criminal trespassing laws of the State of Texas (Texas Penal Code § 30.05. Criminal Trespass).
THE UNDERSIGNED GUEST(S) HEREBY CONVEYS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND ITSELF AND ANY AND ALL ITS INVITEES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
GUEST(S) ACKNOWLEDGES AND AGREES THAT GUEST(S) AND INVITEES ARE VISITING THE PROPERTY FOR THEIR CONVENIENCE AND/ OR BENEFIT, AND AT THEIR SOLE RISK. GUEST(S) IS REQUIRED TO ACCOMPANY AND SUPERVISE MINORS AND OTHER INVITEES AT ALL TIMES WHILE ON THE PROPERTY.
GUEST(S) UNDERSTANDS AND ACKNOWLEDGES THE FOLLOWING DISCLAIMERS:
THE PROPERTY BORDERS THE NUECES RIVER WHICH HAS BOTH SHALLOW AND DEEP WATER. THE RIVER HAS FAST MOVING WATERS AND MAY FLASH FLOOD WITHOUT NOTICE. SWIMMING, WADING OR WATERSPORTS ARE NOT PERMITTED WITHOUT THE EXPRESS CONSENT OF LANDOWNERS. SHOULD SUCH CONSENT BE GRANTED, LANDOWNER WARNS GUEST(S) THAT THERE ARE NO LIFEGUARDS ON DUTY AT ANY TIME. UNDER NO CIRCUMSTANCE ARE SWIMMING, WADING OR WATERSPORTS PERMITTED IN THE RIVER AFTER SUNSET.
THERE ARE NO HOSPITALS, CLINICS, OR EMERGENCY MEDICAL SERVICES ON OR NEAR THE PROPERTY. GUEST(S) SHOULD RESEARCH AND PLAN FOR POTENTIAL MEDICAL NEEDS AND EMERGENCY SERVICES, INCLUDING EMERGENCY MEDICAL TRANSPORT SERVICES AVAILABLE TO THEIR HOME AREAS, PRIOR TO ARRIVING ON THE PROPERTY. IN THE EVENT OF AN EMERGENCY, GUEST(S) SHOULD CALL 911 IMMEDIATELY.
THERE ARE POTENTIALLY HAZARDOUS AND DANGEROUS CONDITIONS ON THE PROPERTY FROM WILDLIFE INCLUDING INSECTS (WASPS, AFRICANIZED HONEY BEES, HORNETS, FIRE ANTS), ARACHNIDS (SCORPIONS, SPIDERS, CENTIPEDES, MILLIPEDES, MITES, TICKS), BIRDS, FISH, SNAKES, FERAL AND DOMESTIC DOGS, CATS, PIGS, GOATS, SHEEP, DEER, ANTELOPE, ELK, SKUNKS, RACCOONS, BEARS, BADGERS, SQUIRRELS, PORCUPINES, COYOTES, MOUNTAIN LIONS, BOBCATS AND OTHER WILDLIFE. ADDITIONALLY, THERE ARE ACTIVE DOMESTIC BEEHIVES ON THE PROPERTY.
CONSUMPTION OF ALCOHOLIC BEVERAGES IS PERMITTED ON THE PROPERTY FOR THOSE OF LEGAL DRINKING AGE, HOWEVER, ABSOLUTELY NO ILLEGAL OR CONTROLLED SUBSTANCES MAY BE BROUGHT ON TO THE PROPERTY BY GUEST(S) OR INVITEES. LANDOWNER CANNOT REASONABLY CONTROL THE CONDUCT OF GUEST(S) AT ALL TIMES, NOR WHAT IS BROUGHT ONTO THE PROPERTY. THEREFORE, LANDOWNER WARNS GUEST(S) THAT SUCH ILLEGAL OR CONTROLLED SUBSTANCES MAY BE PRESENT WITHOUT CONSENT FROM TIME TO TIME ON THE PROPERTY. IF GUEST(S) IS AWARE OF ANY ILLEGAL ACTIVITIES ON THE PROPERTY, THEY SHOULD CALL LOCAL LAW ENFORCEMENT OR 911 AS SOON AS POSSIBLE.
LIFE-THREATENING ALLERGIES TO INSECT BITS, VEGETATION OR PATHOGENS OCCURRING IN NATURE ARE PRESENT ON THE PROPERTY. GUEST(S) WITH ALLERGIES SHOULD STRONGLY CONSIDER NOT VISITING THE PROPERTY OR BE PREPARED TO HAVE THE APPROPRIATE MEDICATIONS OR TREATMENT WITH THEM AT ALL TIMES.
LANDOWNER MAKES NO WARRANTY TO SAFE CONDITIONS ON THE PROPERTY NOR TO SAFETY OR COMPLIANCE TO ANY BUILDING CODE OR OTHER SAFETY STANDARDS OF CABINS, STRUCTURES, UTILITIES EQUIPMENT, VEHICLES, TOOLS, MATERIALS, APPLIANCES OR OTHER MECHANICAL OR ELECTRICAL DEVICES.
GUEST(S) FREELY AND WILLINGLY AGREES TO THE FOLLOWING CONDITIONS:
NOT TO CARRY FIREARMS (WEAPONS), HUNT, FISH, KAYAK, CANOE, SWIM, BRING PETS, DRIVE OFF DESIGNATED ROADS, USE ATVS, UTVS, DIRT BIKES, OR NON-STREET LEGAL VEHICLES OFF ROADS, WITHOUT PRIOR WRITTEN CONSENT OF LANDOWNER. IF CONSENT IS GRANTED, GUEST(S) AGREES THAT HE OR SHE WILL BE SOLELY AND EXCLUSIVELY LIABLE FOR ANY DAMAGE OR INJURIES TO SELF, OTHER PERSONS AND PROPERTY RESULTING FROM SUCH CONSENT.
TO PAY FOR ANY AND ALL DAMAGE DONE TO PROPERTY INCLUDING STRUCTURES AND EQUIPMENT, AND TO REIMBURSE LANDOWNER FOR OR REPLACEMENT, REPAIR OR RECOVERY OF ANY DAMAGED PROPERTY, GUEST(S) AUTHORIZES LANDOWNER TO CHARGE TO GUEST(S) CREDIT CARD OR OTHER ACCOUNTS ON FILE THE REASONABLE, ESTIMATED COST OF SUCH REPLACEMENT, REPAIR, OR RECOVERY.
NOTWITHSTANDING GROSS NEGLIGENCE UNDER CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE, TO DISCLOSE ALL KNOWN OR UNKNOWN POTENTIAL HAZARDS. TO INDIVIDUALLY AND COLLECTIVELY WAIVE AND FORGO ALL APPLICABLE LEGAL RIGHTS AND REMEDIES AVAILABLE TO GUEST(S), INVITEES, FAMILY, HEIRS, SUCCESSORS AND ASSIGNEES TO SUE LANDOWNER OR AFFILIATES, AND SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS LANDOWNER FROM AND AGAINST ALL THIRD PARTY CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR GROSS NEGLIGENCE OF LANDOWNER, ARISING IN CONNECTION HEREWITH OR, ON ACCOUNT OF (A) BODILY INJURY, (B) DEATH, OR (C) DAMAGE TO PROPERTY, (D) EMOTIONAL AND OR PSYCHIATRIC INJURY, AND (E) ANY OTHER CLAIM AGAINST LANDOWNER.
IN NO EVENT SHALL LANDOWNER, ITS AFFILIATES OR EACH OF THEIR PARTNERS, PRINCIPALS, AGENTS, SERVANTS, PERSONNEL, OFFICERS AND DIRECTORS BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE OR EXPENSE RELATING TO THIS AGREEMENT, NOR SHALL LANDOWNER BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST GUEST(S) BY ANY THIRD PARTY, REGARDLESS OF WHETHER EITHER PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. GUEST(S) HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE) RELATING TO THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO THE FULLEST EXTENT OF THE LAW, WHETHER IN CONTRACT, STATUTE, TORT (SUCH AS NEGLIGENCE) OR OTHERWISE. THE GUEST(S) ACKNOWLEDGES AND AGREES, REGARDLESS OF THE PLACE THIS AGREEMENT HAS BEEN ACCEPTED AND MADE PERFORMABLE, THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICT OF LAWS. GUEST(S) AGREES THAT EXCLUSIVE VENUE FOR RESOLUTION OF ANY DISPUTE BETWEEN THE PARTIES RELATED TO THE SUBJECT MATTER HEREOF SHALL BE IN SAN ANTONIO, BEXAR COUNTY, TEXAS OR AS OTHERWISE SPECIFIED BY LANDOWNER AT ITS SOLE DISCRETION.