Waiver

BLUE RIDGE RANCH PARTNERS LLC and HOPE FOR HIS CHILDREN WAIVER OF LIABILITY AND RELEASE AGREEMENT

THIS IS A RELEASE OF LEGAL RIGHTS. READ AND UNDERSTAND ALL INFORMATION BEFORE SIGNING.

I wish to engage in and/or participate in the activities described in the Activities Detail Section of this Release Agreement (the “Activities”) offered by and/or on, within and using real property and facilities (the “Property”) owned by Blue Ridge Ranch Partners LLC (“BRRP LLC”) and occupied and operated in part by Hope For His Children (“HFHC”).  As a precondition to engaging in and/or participating in the  Activities.  I have read this Release Agreement (the “Agreement”) and agree to its terms.  

Assumption of Risk. I understand that participating in the Activities entails inherent risks of physical injury, including, but not limited to, death and the risks described in the Activities Detail Section of this Agreement. Having read this Agreement, I am fully aware of the risks and hazards associated with the Activities, and hereby elect to voluntarily participate in the Activities. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me as a result of participating in the Activities, unless caused by the gross negligence or willful misconduct of BRRP LLC and/or HFHC.

Liability Release. In consideration for BRRP LLC and/or HFHC allowing me to participate in the Activities, I agree on behalf of myself, my heirs and my personal representatives, that I will not sue BRRP LLC and/or HFHC.  Further, on behalf of myself, my heirs and my personal representatives, I fully and forever RELEASE AND DISCHARGE BRRP LLC and/or HFHC, their employees, directors, officers, managers, members, owners, trustees, agents, representatives, affiliates, volunteers and staff (collectively referred to as “BRRP LLC/HFHC”) from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death and injuries from negligent medical treatment or rescue operations, that may be sustained by me or to any property belonging to me, arising from the Activities or while upon the Premises, real property and facilities where the Activities are being conducted, excepting those claims arising from the gross negligence or willful misconduct of BRRP LLC/HFHC. .  I further acknowledge that BRRP LLC and/or HFHC make no representation as to the condition of the Property or the safety of any structures or equipment that may be used at the Property.  I accept and shall use the Property in its “AS IS” condition and have not relied on any statements or representations by BRRP LLC and/or HFHC regarding the condition of the Property except those expressly set forth herein.

Indemnification. I agree to indemnify, defend, and hold harmless BRRP LLC/HFHC from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that BRRP LLC/HFHC may incur arising from my participation and involvement in the Activities, excepting those claims arising from the gross negligence or willful misconduct of BRRP LLC/HFHC. Responsibility for Personal Property.  I acknowledge and agree that I am fully and solely responsible for any of my property or personal belongings that I bring onto the premises and that BRRP LLC/ HFHC will not be responsible for or provide any security for my property and personal belongings.

Warranty of Physical Fitness. I warrant that I am physically fit and in a condition that will allow me to participate fully in the Activities. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activities. I understand BRRP LLC/HFHC has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activities, and BRRP LLC/HFHC is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in the Activities. Emergency Medical Treatment. I grant BRRP LLC/HFHC permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by BRRP LLC/HFHC shall be subject to the terms of this Agreement. I understand and agree that BRRP LLC/HFHC assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment. Rules, Policies and Laws. I agree to abide by all BRRP LLC/HFHC rules and policies, and all state, local, and federal laws for the duration of the Activities.

Intent: It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activities shall be construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws provision. The courts in Wilkes County shall be the forum for any lawsuits arising from the Activities or incident to this Agreement. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby.   In signing this Agreement, I acknowledge that THERE ARE INHERENT RISKS ASSOCIATED WITH THE ACTIVITIES AND THE PROPERTY (including, without limitation, physical injury) and that I ASSUME ALL RISKS OF PARTICIPATING IN THE ACTIVITIES AND BEING ON THE PROPERTY, I have read both pages/sides of this Release Agreement form, understand it, and agree to be bound by its terms. I further acknowledge that I sign this Release Agreement voluntarily and I am at least eighteen years of age.   This Release Agreement includes any and all visits to the property from date of original arrival through the end of the calendar year.  

ACTIVITIES  DETAIL SECTION:

Description of Activities:

Any or all of the following:  Camping and related activities, biking, off-road motorcycle racing, hiking, fishing, swimming, boating and other water activities, participation in agritourism activities, visiting, volunteering, working for hire, tours of the property and facilities. Additional activities:   ___________________________________________________________________________________________By participating in the above Activities, you may be exposed to several inherent risks, including but not limited to those listed below:

Burns from Campfires, Cuts, Diarrhea, Swimming/Drowning (NO SWIMMING-No lifeguard on duty, no life jackets provided), Flu-Like Illness, Falling Timber could cause a Concussion or other Severe Bodily Injury; The visible or non-visible condition of the property, Collision, Falling, Hypothermia or Frostbite, Sunburn, Heatstroke Dehydration, Death,· Accidents involving Animals, Theft and Damage to Personal Property,· Environmental Risks & Hazards, Insects, Snakes, Predators including large animals, Falling/Rolling Rocks, Lightning,  Unpredictable Forces of Nature.

Please further note that guest assumes all responsibility of any/all pets they bring onto the property and that pets must be leashed at all times.   In the event you  are participating in an agritourism activity (defined by NCGS § 99E-30  as “Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, hunting, fishing, equestrian activities, or natural activities and attractions”) you are specifically warned as follows:   WARNING Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.   We request you conduct your participation with the safety of yourself and others in mind.  

Email consent:  By providing your email address, you agree to receive further information from BRRP LLC relating to our activities, events, services and products, and marketing emails.  We will not share or sell your personal information. You may unsubscribe at any time by clicking on the unsubscribe link in the footer of our emails or by replying to the email and asking to be unsubscribed.