THE UNDERSIGNED VISITOR(S) REPRESENTS AND WARRANTS THAT VISITOR(S) IS AT LEAST 18 YEARS OF AGE AND HAS FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT FOR VISITOR(S) AND FOR ANY MINOR CHILD, WARD, OR OTHER PERSON FOR WHOM VISITOR(S) IS A PARENT, LEGAL GUARDIAN, OR OTHERWISE LEGALLY RESPONSIBLE. VISITOR(S) FURTHER AGREES TO ENSURE THAT EACH ACCOMPANYING ADULT GUEST OR INVITEE REVIEWS AND ACCEPTS THIS AGREEMENT BEFORE ENTERING THE PROPERTY. VISITOR(S) SHALL BE RESPONSIBLE FOR ENSURING THAT ALL ACCOMPANYING GUESTS, INVITEES, FAMILY MEMBERS, CHILDREN, MINORS, AND OTHER PERSONS BROUGHT ONTO THE PROPERTY BY VISITOR(S), WHETHER DIRECTLY OR INDIRECTLY, COMPLY WITH THIS AGREEMENT AND ALL PROPERTY RULES.
VISITOR(S) ACKNOWLEDGES AND AGREES THAT VISITOR(S) AND ALL ACCOMPANYING GUESTS AND INVITEES, INCLUDING MINORS, ARE ENTERING, VISITING, ACCESSING, AND USING THE PROPERTY FOR THEIR OWN CONVENIENCE, RECREATION, AND/OR BENEFIT, AND DO SO VOLUNTARILY AND AT THEIR SOLE RISK. VISITOR(S) IS REQUIRED TO ACCOMPANY, MONITOR, AND SUPERVISE ALL MINORS AND ALL PERSONS FOR WHOM VISITOR(S) IS RESPONSIBLE AT ALL TIMES WHILE ON THE PROPERTY.
VISITOR(S) UNDERSTANDS, ACKNOWLEDGES, AND AGREES TO THE FOLLOWING WARNINGS, DISCLOSURES, DISCLAIMERS, RULES, RELEASES, WAIVERS, AND INDEMNITY OBLIGATIONS:
THE PROPERTY BORDERS THE NUECES RIVER. RIVER CONDITIONS MAY INCLUDE SHALLOW WATER, DEEP WATER, SLIPPERY ROCKS, STEEP OR UNSTABLE BANKS, SUBMERGED OBJECTS, STRONG CURRENTS, RAPIDLY CHANGING WATER LEVELS, AND FLASH FLOODING, INCLUDING WITHOUT WARNING. SWIMMING OR WADING IS PERMITTED ONLY IF EXPRESSLY AUTHORIZED BY LANDOWNER, AND, WHEN AUTHORIZED, ONLY BEGINNING 30 MINUTES AFTER SUNRISE AND ENDING 30 MINUTES BEFORE SUNSET. LANDOWNER WARNS VISITOR(S) THAT THERE ARE NO LIFEGUARDS ON DUTY AT ANY TIME. SWIMMING OR WADING IN THE RIVER AT NIGHT IS STRICTLY PROHIBITED UNDER ALL CIRCUMSTANCES.
THE PROPERTY IS RURAL. HOSPITALS, CLINICS, LAW ENFORCEMENT, FIRE SERVICES, EMERGENCY MEDICAL SERVICES, AND EMERGENCY MEDICAL TRANSPORT MAY BE DISTANT, LIMITED, OR DELAYED. VISITOR(S) SHOULD, BEFORE ARRIVAL, IDENTIFY AVAILABLE EMERGENCY MEDICAL CARE, EMERGENCY TRANSPORT OPTIONS, AND THE ROUTE TO THE NEAREST APPROPRIATE MEDICAL FACILITY. IN THE EVENT OF AN EMERGENCY, VISITOR(S) SHOULD CALL 911 IMMEDIATELY.
THE PROPERTY CONTAINS POTENTIALLY HAZARDOUS NATURAL, AGRICULTURAL, RANCH, AND WILDLIFE CONDITIONS. SUCH CONDITIONS MAY INCLUDE, WITHOUT LIMITATION, INSECTS INCLUDING WASPS, AFRICANIZED HONEYBEES, HORNETS, AND FIRE ANTS; ARACHNIDS INCLUDING SPIDERS, SCORPIONS, TICKS, AND MITES; CENTIPEDES; MILLIPEDES; BIRDS; FISH; SNAKES; FERAL AND DOMESTIC DOGS, CATS, PIGS, GOATS, SHEEP, DEER, ANTELOPE, ELK, SKUNKS, RACCOONS, BEARS, BADGERS, SQUIRRELS, PORCUPINES, COYOTES, MOUNTAIN LIONS, BOBCATS, LIVESTOCK, AND OTHER ANIMALS OR WILDLIFE. ADDITIONALLY, ACTIVE BEEHIVES MAY BE PRESENT ON THE PROPERTY.
CONSUMPTION OF ALCOHOLIC BEVERAGES IS PERMITTED ONLY BY PERSONS OF LEGAL DRINKING AGE AND ONLY IN COMPLIANCE WITH APPLICABLE LAW AND PROPERTY RULES. UNDERAGE DRINKING, PUBLIC INTOXICATION, DISORDERLY CONDUCT, AND UNSAFE CONDUCT ARE STRICTLY PROHIBITED. NO ILLEGAL DRUGS, UNLAWFUL CONTROLLED SUBSTANCES, OR UNAUTHORIZED HAZARDOUS MATERIALS MAY BE BROUGHT ONTO THE PROPERTY BY VISITOR(S) OR ANY INVITEE. LANDOWNER CANNOT REASONABLY CONTROL THE CONDUCT OF ALL PERSONS ON THE PROPERTY AT ALL TIMES, NOR CAN LANDOWNER GUARANTEE THAT NO PERSON HAS BROUGHT UNAUTHORIZED ITEMS ONTO THE PROPERTY WITHOUT LANDOWNER'S KNOWLEDGE OR CONSENT. IF VISITOR(S) BECOMES AWARE OF ILLEGAL ACTIVITY ON THE PROPERTY, VISITOR(S) SHOULD CONTACT LOCAL LAW ENFORCEMENT OR CALL 911 AS SOON AS IT IS SAFE TO DO SO.
LIFE-THREATENING ALLERGIC REACTIONS TO INSECT BITES, INSECT STINGS, VEGETATION, POLLEN, MOLD, DUST, ANIMALS, WATER, FOODS, OR NATURALLY OCCURRING PATHOGENS MAY OCCUR ON THE PROPERTY. VISITOR(S) AND INVITEE(S) WITH ALLERGIES, MEDICAL CONDITIONS, OR OTHER SPECIAL HEALTH RISKS SHOULD STRONGLY CONSIDER NOT ENTERING THE PROPERTY UNLESS THEY ARE PREPARED WITH APPROPRIATE MEDICATIONS, TREATMENT, SUPPLIES, AND AN EMERGENCY PLAN AT ALL TIMES.
LANDOWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE PROPERTY, RIVER, ROADS, TRAILS, CABINS, STRUCTURES, UTILITIES, EQUIPMENT, VEHICLES, TOOLS, MATERIALS, APPLIANCES, MECHANICAL DEVICES, ELECTRICAL DEVICES, OR OTHER IMPROVEMENTS ARE SAFE, FIT FOR ANY PARTICULAR PURPOSE, CODE-COMPLIANT, PROPERLY MAINTAINED, OR FREE FROM DEFECTS, DANGERS, OR HAZARDS.
VISITOR(S) FREELY, VOLUNTARILY, AND KNOWINGLY AGREES TO THE FOLLOWING CONDITIONS:
VISITOR(S) SHALL NOT, WITHOUT LANDOWNER'S PRIOR WRITTEN CONSENT: CARRY, DISPLAY, DISCHARGE, OR USE FIREARMS OR OTHER WEAPONS; HUNT; FISH; KAYAK; CANOE; BOAT; SWIM OR WADE EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING AND SUBJECT TO THE RIVER SAFETY RULES ABOVE; BRING PETS OR OTHER ANIMALS; DRIVE OFF DESIGNATED ROADS; OR USE ATVS, UTVS, DIRT BIKES, GOLF CARTS, OR OTHER NON-STREET-LEGAL VEHICLES OFF DESIGNATED ROADS. IF LANDOWNER GRANTS ANY SUCH CONSENT, VISITOR(S) ACCEPTS SOLE RESPONSIBILITY FOR ALL RISKS, DAMAGES, LOSSES, CLAIMS, INJURIES, OR DEATH ARISING FROM OR RELATED TO SUCH ACTIVITY, TO THE FULLEST EXTENT PERMITTED BY LAW.
VISITOR(S) SHALL PAY FOR ANY AND ALL DAMAGE, LOSS, CLEANUP, REPAIR, REPLACEMENT, RECOVERY, OR RESTORATION CAUSED BY VISITOR(S) OR VISITOR(S)' INVITEES TO THE PROPERTY, STRUCTURES, EQUIPMENT, ROADS, GATES, FENCES, UTILITIES, NATURAL FEATURES, LIVESTOCK, WILDLIFE, FURNISHINGS, APPLIANCES, VEHICLES, OR OTHER REAL OR PERSONAL PROPERTY. VISITOR(S) AUTHORIZES LANDOWNER TO CHARGE VISITOR(S)' CREDIT CARD OR OTHER ACCOUNT ON FILE FOR THE REASONABLE ESTIMATED COST OF SUCH CLEANUP, REPAIR, REPLACEMENT, RECOVERY, OR RESTORATION, INCLUDING MATERIALS, LABOR, INSPECTION, ADMINISTRATIVE COSTS, AND RELATED EXPENSES. THIS AUTHORIZATION DOES NOT LIMIT LANDOWNER'S RIGHT TO SEEK ADDITIONAL AMOUNTS IF THE ACTUAL COST EXCEEDS THE AMOUNT CHARGED.
NOTICE: RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF LANDOWNER AND THE RELEASED PARTIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, VISITOR(S), FOR VISITOR(S) AND FOR VISITOR(S)' INVITEES, FAMILY MEMBERS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS OF ENTERING, ACCESSING, VISITING, OR USING THE PROPERTY, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, NATURAL OR MAN-MADE, OPEN OR HIDDEN.
TO THE FULLEST EXTENT PERMITTED BY LAW, VISITOR(S), FOR VISITOR(S) AND FOR VISITOR(S)' INVITEES, FAMILY MEMBERS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE LANDOWNER, ITS OWNERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, AFFILIATES, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS, ASSIGNS, INSURERS, AND EACH OF THEIR RESPECTIVE PERSONNEL (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, EXPENSES, CAUSES OF ACTION, OR LIABILITY OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO VISITOR(S)' OR INVITEE(S)' ENTRY, PRESENCE, ACTIVITIES, USE OF THE PROPERTY, OR USE OF ANY STRUCTURES, ROADS, RIVER AREAS, EQUIPMENT, FACILITIES, OR IMPROVEMENTS, INCLUDING CLAIMS FOR BODILY INJURY, DEATH, PROPERTY DAMAGE, EMOTIONAL DISTRESS, PSYCHIATRIC INJURY, ILLNESS, DISEASE, OR ANY OTHER LOSS, INCLUDING WHEN CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, WHETHER SOLE, JOINT, COMPARATIVE, OR CONCURRENT. THIS RELEASE DOES NOT APPLY TO CLAIMS THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, VISITOR(S) SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, LOSSES, LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS' FEES ARISING OUT OF OR RELATED TO: (A) VISITOR(S)' OR INVITEE(S)' ENTRY, PRESENCE, ACTIVITIES, OR USE OF THE PROPERTY; (B) ANY BREACH OF THIS AGREEMENT OR PROPERTY RULES BY VISITOR(S) OR INVITEE(S); (C) ANY ACT OR OMISSION OF VISITOR(S) OR INVITEE(S); (D) ANY FAILURE BY VISITOR(S) TO SUPERVISE MINORS OR OTHER INVITEES; OR (E) ANY DAMAGE, INJURY, DEATH, OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY VISITOR(S) OR INVITEE(S). THIS INDEMNITY INCLUDES CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, WHETHER SOLE, JOINT, COMPARATIVE, OR CONCURRENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL LANDOWNER OR ANY RELEASED PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR VISITOR(S)' OR INVITEE(S)' ENTRY, ACCESS TO, PRESENCE ON, OR USE OF THE PROPERTY, REGARDLESS OF WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW.
VISITOR(S) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR DISPUTE, WHETHER IN CONTRACT, STATUTE, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PROPERTY, OR VISITOR(S)' OR INVITEE(S)' ENTRY, ACCESS TO, PRESENCE ON, OR USE OF THE PROPERTY.
THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO CONFLICT-OF-LAWS PRINCIPLES. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUSIVE VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PROPERTY, OR VISITOR(S)' OR INVITEE(S)' ENTRY, ACCESS TO, PRESENCE ON, OR USE OF THE PROPERTY SHALL BE IN THE STATE COURTS LOCATED IN BEXAR COUNTY, TEXAS, OR, IF FEDERAL JURISDICTION EXISTS, IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IF VISITOR(S), ANY INVITEE, OR ANY PERSON CLAIMING THROUGH OR ON BEHALF OF VISITOR(S) OR ANY INVITEE BRINGS OR PARTICIPATES IN ANY CLAIM, DEMAND, ACTION, OR PROCEEDING AGAINST LANDOWNER OR ANY RELEASED PARTY AND RECOVERS ANY DAMAGES, THE TOTAL AGGREGATE AMOUNT RECOVERABLE BY VISITOR(S), INVITEE(S), THEIR FAMILY MEMBERS, HEIRS, SUCCESSORS, AND ASSIGNS SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000.00), INCLUSIVE OF ALL DAMAGES, COSTS, EXPENSES, INTEREST, AND ATTORNEYS' FEES, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
BY SIGNING BELOW, VISITOR(S) ACKNOWLEDGES THAT VISITOR(S) HAS READ, UNDERSTOOD, AND VOLUNTARILY AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PROPERTY RULES & REGULATIONS. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE SIGNED AND SHALL CONTINUE IN EFFECT EACH TIME VISITOR(S) OR VISITOR(S)' INVITEES ENTER, VISIT, ACCESS, OR OTHERWISE USE THE PROPERTY, UNLESS REPLACED OR REVOKED IN WRITING BY LANDOWNER. VISITOR(S) FURTHER ACKNOWLEDGES AND AGREES THAT NO ORAL STATEMENTS, REPRESENTATIONS, PROMISES, OR INDUCEMENTS OUTSIDE THIS WRITTEN AGREEMENT HAVE BEEN MADE TO OBTAIN VISITOR(S)' CONSENT.
