• GUEST(S) RELEASE OF LIABILITY, ACKNOWLEDGMENTS AND INDEMNITY AGREEMENT

  • Definition Of Terms:

    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 with Fidelity Partners Medical Staffing, LLC, or ”Property” including but not limited to joint owners, lessees, contactors, officers, members, stockholders, directors and their heirs; singular, multiple and collectively herein referred to as the “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 as “Campo Rio Ranch” “Mission Transition” and “Camp Transition”. Guest. Guest(s) shall mean singular, multiple and collectively any social and nonsocial adult or minor invitees, contractors, employees, and any persons or entities, and which may include from time certain persons or entities listed and defined as Landowners herein, at the sole discretion of the President of Fidelity Partners Medical Staffing, LLC.

    Minor. Minor shall mean any child under the age of 18 brought on to the Property by parent or legal guardian. A parent or legal guardian must provide written consent to allow Minor Guest(s) on to the Property and must agree to all the terms and conditions of this Agreement. Any Minor Guest on the Property who is not listed below or does not have a parent or guardians expressed written permission under this agreement, shall be trespassing.

    Invitees. Invitees Shall mean any accompanied or unaccompanied, Guest(s) invitee, affiliate, dependent or other persons including minors on the property.

    Trespasser. Trespassers shall mean any persons or entities who have not signed this document, and/or are on the Property after the departure date of this Agreement or without other written consent of 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).

  • List All Family Members, Dependents, Or Unaccompanied Minor Guest(s)

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  • THE UNDERSIGNED ADULT GUEST CONVEYS AND WARRANTS HE/SHE SHALL BE FULLY RESPONSIBLE FOR AND HAS THE LEGAL RIGHT AND/OR AUTHORIZATION TO BIND, ALL MINORS, FAMILY MEMBERS, DEPENDENTS, AND ANY OTHER PERSONS BROUGHT TO PROPERTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WHETHER LISTED HEREIN OR NOT.

  • I certify that I am the parent, legal guardian or authorized by the parent or legal guardian to supervise listed or accompanied Minor Guest(s).
  • I convey and warrant that I willingly take full responsibility and liability for the actions of the listed or accompanied Minor Guest(s).
  • GUEST(S) RELEASE OF LIABILITY, ACKNOWLEDGMENTS AND INDEMNITY AGREEMENT:

    THE UNDERSIGNED GUEST(S) HEREBY CONVEYS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND ITSELF 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 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.

    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.

    GUEST(S), WHILE ON PROPERTY, MAY NOT CARRY FIREARMS (WEAPONS), HUNT, FISH, KAYAK, CANOE, SWIM, BRING PETS, DRIVE OFF DESIGNATED ROADS, USE ATVS, UTVS, DIRT BIKES, OR NONSTREET 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.

    THERE ARE NO HOSPITALS, CLINICS, OR EMERGENCY MEDICAL SERVICES ON OR NEAR THE PROPERTY.

    GUEST(S) ACKNOWLEDGES THAT 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.

    GUEST(S) ACKNOWLEDGES THAT THERE ARE POTENTIAL HAZARDS AND DANGEROUS CONDITIONS RESULTING FROM AUTHORIZED OR UNAUTHORIZED CONSUMPTION OF ALCOHOLIC BEVERAGES, AND OR CONTROLLED SUBSTANCES CONSUMED BY OTHER GUEST(S) OR INVITEES, WHILE ON THE PROPERTY.

    GUEST(S) ACKNOWLEDGES THAT THERE ARE POTENTIAL HAZARDS AND DANGEROUS CONDITIONS RESULTING FROM POTENTIALLY DANGEROUS WILDLIFE THAT EXIST ON THE PROPERTY INCLUDING, BUT NOT LIMITED TO, 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.

    IN ADDITION, THERE ARE ACTIVE BEEHIVES ON THE PROPERTY.

    GUEST(S) ACKNOWLEDGES THAT GUEST(S) WITH BEE STING OR OTHER POTENTIALLY LIFE-THREATENING ALLERGIES OR OTHER ALLERGIC REACTIONS SHOULD STRONGLY CONSIDER NOT VISITING THE PROPERTY OR HAVE THE APPROPRIATE MEDICATIONS ON HAND.

    GUEST(S) ACKNOWLEDGES AND AGREES THAT LANDOWNER HAS MADE NO WARRANTY TO SAFE CONDITIONS ON THE PROPERTY NOR SAFETY OR COMPLIANCE WITH ANY PROPERTY CONDTIONS, UTILITIES AND BUILDING CODES OR ANY OTHER SAFETY STANDARDS INCLUDING STRUCTURES, EQUIPMENT, VEHICLES, TOOLS, MATERIALS, APPLIANCES OR OTHER MECHANICAL OR ELECTRICAL DEVICES ON PROPERTY.

    GUEST(S) AGREES 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.

    GUEST(S) FREELY AND WILLINGLY AGREES 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.

    GUEST(S) FREELY AND WILLINGLY AGREES TO FULLY AND COMPLETELY RELEASE LANDOWNER OF ALL LIABILITIES INCLUDING, BUT NOT LIMITED TO, GROSS NEGLIGENCE UNDER CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE, TO DISCLOSE ALL KNOWN OR UNKNOWN POTENTIAL HAZARDS.

    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 PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. 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.

    BY SIGNING BELOW, GUEST(S) ACKNOWLEDGES AND AGREES THAT GUEST(S) HAS READ, UNDERSTOOD, AND VOLUNTARILY AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, EFFECTIVE AS OF DATE SIGNED. GUEST(S) FURTHER AGREES THAT NO ORAL STATEMENTS, REPRESENTATIONS OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE TO OBTAIN GUEST(S) CONSENT. IN ADDITION, GUEST(S) ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THE ABOVE LISTED RULES & REGULATIONS, AS OF THE EFFECTIVE DATE AND ON ALL FUTURE VISITS TO PROPERTY.

  • Guest(s) individually and collectively on behalf of all family members, dependents and minors by signing below acknowledges and agrees to the terms and conditions of this agreement.

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