RELEASE, HOLD HARMLESS & INDEMNIFICATION
The parties to this Release And Waiver of Liability and Indemnity Agreement are the owners (Davis Municipal Authority) and Manager (MidGround Creators, LLC) of Cross Bar Ranch, Davis, Oklahoma, their officers, managers, elected officials, owners, investors, contractors, subcontractors, employees, agents, promoters and sponsors (herein after collectively referred to as the "Released Party") and the UNDERSIGNED, personally and as parent, legal guardian and/or responsible party for minors, his or her personal representatives, legal guardians, heirs, companions and next of kin (hereinafter collectively referred to as the "Releasing Party").
Releasing Party, in consideration of being permitted to enter into Cross Bar Ranch, Davis, Oklahoma, for any purpose and all activities, observing or participating in anyway, or working for the Park or its subcontractors or vendors, the undersigned, for himself/herself, his/her minor child and/or ward and his/her personal representatives, heirs, and next of kin or minor for which he/she is the responsible party, with knowing and willing consent of his/her Parent or Legal Guardian, and companions, acknowledges, agrees and represents, that he/she has, or will immediately upon entering into the confines of Cross Bar Ranch, Davis, Oklahoma, and will continuously thereafter, inspect said confines and all portions thereof which he/she enters and which he/she comes into contact, and he/she further warrants that his/her entry upon said confines and his/her participation in any activities within these confines constitutes acknowledgment thereof that he/she has inspected said confines and that he/she finds and accepts the same as being reasonably suited for the purpose of his/her use, and he/she does further agree and waive that at any time he/she is within or about-the confines and he/she believes anything to be unsafe, he/she will immediately leave the confines and will advise the management of Cross Bar Ranch, Davis, Oklahoma, of the condition(s), which he/she believes to be unsafe. Further, in such consideration, the Undersigned:
HEREBY COVENANTS NOT TO SUE, RELEASED PARTY, WAIVES AND DISCHARGES the Released Party from any and all liability to the Releasing Party for any and all damage, and any claim or demands therefore on account of injury to the person or property or resulting death of the Releasing Party or any person accompanying the Releasing Party or permitted by the Releasing Party to use his/her off-highway vehicle or the off-highway vehicle under his/her supervision, all for the purposes herein referred to as the Releasing Party “companions", whether caused by negligence of the Released Party or otherwise while the Releasing Party or his/her companion(s) is or are in or upon the confines for any purpose or reason.
HEREBY AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS the Released Party and each of them from any loss, liability, damage, or cost, real or imagined, which they may incur due to the presence of the Releasing Party or any of his or her companions in or upon the confines for any reason caused or claimed to be caused or contributed to by the Released Party or otherwise, other than intentional acts or willful act.
HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE OR LOSS to himself/herself or to any of his/her property or companions due to the negligence of the Released Party or otherwise while in or upon the confines or while participating in or observing any activities occurring within the confines for any reason.
HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT RIDING OFF-HIGHWAY VEHICLES OR BEING WITHIN AN AREA IN WHICH SUCH VEHICLES ARE BEING USED INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. The Releasing Party further expresses that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the state of Oklahoma and that, if any portion thereof is held invalid, it is agrees that the balance thereof shall, notwithstanding, continue in full legal force and effect.
AGREES THAT BY SIGNING THIS FORM the aforementioned attests that he or she has read the rules and regulations of the Cross Bar Ranch, Davis, Oklahoma, and agrees to comply with them. Failure to comply can result in expulsion for the day or more.
THE RELEASING PARTY HAS READ, AND COMPREHENDED AND NOW VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no representations, statements or inducements apart from the foregoing written agreement have been made.