ASSUMPTION OF RISK
RELEASE AND INDEMNIFICATION
(For Event Organizer and Participants)
In consideration of permission and license to participate in the activities of hunting and shooting sports on the premises of Green Gulch Ranch, Inc, a Nevada corporation, and all other recreational activities on the premises, including, but not limited to, operation and discharge of firearms and riding or involvement with motor vehicles, ATVs and horses (all such activities at times referred to herein as the ''Hunting Activities”), the undersigned Event Organizer and undersigned Participant(s) in hunting and other activities, hereby agree to abide by each and all of the rules and regulations, as adopted from time to time by Green Gulch Ranch Inc., and with respect to the Event Organizer, to assume all responsibility for its Participant(s) and guests to do the same, and further agree to the following Waiver, Release and Indemnity.
We acknowledge that hunting and shooting sports and the use of firearms, and the riding or involvement with motor vehicles, ATVs and horses, are inherently dangerous activities in which participants and guests may suffer serious bodily injury or death, or which may cause injury to property. We hereby agree and consent to independently assume all risk of harm, including but not limited to property damage, bodily injury, or death, as may result from engagement in said Hunting Activities, all related acts or conduct of one or more of the undersigned, resulting from, arising out of, or in any way connected with (i) participation in the Hunting Activities, and (ii) related acts or inactions of Green Gulch Ranch Inc., and its landlord for the ranch premises, GGR Properties, L.L.C., an Arizona limited liability company, and their respective officers, directors, managers, employees, agents, stockholders, members, or other related parties, and The Northern Trust Company, as Trustee with respect to any trust holding an interest in Green Gulch Ranch Inc. and any others who may be secondarily liable therefor (the "Released and Indemnified Parties”).
We acknowledge that there may be or are dangerous conditions on the property, including, but not necessary limited to, livestock, rough terrain, overgrowth, barbed wire fences, snakes and other wild animals, and other natural conditions. The event organizer voluntarily provides participants for, and each participant voluntarily participates in, hunting and other activities referenced herein with the knowledge of the dangers involved, including the risk of hearing damage from noise; eye injury; and risks of injury from the deliberate or accidental discharge of firearms, and injuries from riding or being near others riding motor vehicles, ATVs and horses, and we hereby agree to accept any and all risks, including the intentional and negligent acts of others, which may result in damage, injury, or death. Each of the undersigned accepts these risks on their respective own behalf and their guests, and on behalf of their respective heirs, successors, and assigns, representatives and/or others related to any and all of such persons.
Each of the undersigned hereby agrees and understands that they have been fully warned and advised that protective headgear should be worn while riding and being near ATVs and horses, and further understand that the wearing of such headgear at these times may reduce the severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences. Each of the undersigned hereby agrees and understands that they have been fully warned and advised that protective eyewear should be worn while participating in or being near Hunting Activities or shooting sports. and further understand that the wearing of such eye wear at these times may reduce the severity of some of the wearer's eye injuries and possibly prevent the wearer's damage to or loss of eye sight.
Each of the undersigned does hereby waive, completely release and forever discharge the Released and Indemnified Parties from any and all claims, rights, demands, actions, obligations, liabilities, costs ( including but not limited to attorneys’ fees and costs of litigation) and causes of action of every kind and character, known or unknown, matured of unmatured, relating to the Hunting Activities, which the undersigned may have now or in the future arising from any act or omission or condition occurring on the ranch premises or in any way related to the Hunting Activities ( including , without limitation, the future effects of such acts, omissions, or conditions), whether based on tort, contract ( express or implied), or any federal, state, or local law, statute, or regulation ( collectively, the “Released Claims”), and agrees to indemnify and hold harmless the Released and Indemnified Parties from any resulting damages, claims or expenses ( including, without limitation, the future effects of such acts, omissions, or conditions) incurred or suffered by them with respect to the Released Claims or to any act or omission of the undersigned relating to the Hunting Activities.
For the purpose of implementing a full and complete release and waiver, the undersigned expressly acknowledge that the releases herein provided are intended to include in their effect, without limitation, claims that the undersigned did not know or suspect to exist in their favor at the time of the effective date of this Agreement, regardless of whether the knowledge of such claims, or the facts upon which they might be based, would materially have affected the settlement of this matter, and that the consideration and opportunity to participate in Hunting Activities was also for the release of those claims and contemplates the extinguishment of any such unknown claims. In furtherance of the release and indemnity given above, each of the undersigned acknowledges familiarity with, and hereby waives any rights or benefits they may have under California Civil Code § 1542 ( and other similar statutes and regulations), which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.