(Provided as a Sample Only)
RELEASE OF LIABILITY,
CONSENT FOR EXPOSURE TO
DANGEROUS AND HAZARDOUS CONDITIONS,
AND ASSUMPTION OF THE RISK
I (we) hereby acknowledge that I (we) have knowingly and willingly entered a Hunting Lease Agreement, or become a party bound by the terms and conditions of a Hunting Lease Agreement by and between (Name of Landowner, Ranch, Farm or Business) ___________________________________ _____________________________________________________________________________, (hereinafter) referred to as the Lessor, whether one or more), and (Name[s] of Hunter[s]) bound by the Hunting Lease Agreement) __________________________________________________
_______________________________________, dated _______________, 20______.
I (we) understand the terms, provisions, and conditions of the Hunting Lease Agreement. I (we) agree to abide by its terms and conditions and also by the terms and conditions of this Release, Consent and Assumption-of-the-Risk Agreement.
I (we) acknowledge and understand the Lessor makes no warranties, either express or implied, as to the condition and/or safety of the hunting lease and the improvements located thereon (hereinafter collectively referred to as the leased promises) located in ___________________ County, Texas.
Warning of the Dangerous Conditions on Leased Premises
The dangerous conditions listed below serve to warn me (us) and make me (us) aware, appreciate and understand that dangerous conditions, risks and hazards exist, both obvious and latent, both natural and man-made, that can cause serious bodily injury or death and damage or destruction of my (our) personal property. My (our) presence and activities on the leased premises expose both me (us) and my (our) personal property to these dangerous conditions, risks and hazards, both obvious and latent and both natural and man-made, including but not limited to, poisonous snakes, insects and spiders; elevated blinds and tree stands, whether or not erected by Lessor; eroded areas, holes, uncovered wells, steep inclines, sharp and jagged rocks located both on and off roadways and trails that create rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that maybe diseased and/or possessed with propensities to injure or kill; rushing and still water with perils lurking above and beneath the surface; persons with firearms or other lethal weapons both on or off the leased premises; and the use of vehicles, boats and ATV’s both on and off roadways, waterways, ponds and lakes.
Waiver and Release of Claims
In consideration for the right to enter the leased premises, I (we) hereby waive and release all claims and agree to indemnify, defend and hold harmless the Lessor named above, his or her (or the) respective owners, heirs, agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including, but not limited to, court costs, judgments and attorney’s fees resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of or my (our) exposure to the conditions of the leased premises of the Lessor’s active or passive negligent conduct thereon. These include, among other things, injury or death to the undersigned and damage or destruction of the undersigned’s personal property.
Also, I (we) hereby further covenant and agree that I (we), my (our) heirs, successors and assigns will not make any claim or institute any suit or action at law or in equity against the Lessor named above or his or her (or the) respective owners, heirs, agents, representatives, employees, successors or assigns by reason of the Lessor’s active or passive negligent conduct or by reason of the condition(s) of the leased premises, whether natural or man-made and whether the condition is caused by the Lessor’s active or passive negligence.
ASSUMPTION OF THE RISK
Furthermore, I (we) declare I (we) are aware of State v. Shumake, 131 S.W. 3rd 66 (Tex. App.-Austin 2003), affirmed, 2006 WL 17; 16304 (Tex.2006) decided by the Texas Supreme Court in 2006. In that case, the landowner’s failure to warn of an extremely dangerous man-made condition may give rise to a cause of action for gross negligence.
I (we) hereby agree and declare that the written notices stated above in this agreement serves to warn me (us) of any actual or potentially dangerous natural or man-made condition(s) that I (we) may or may not reasonably expect to encounter on the leased premises that may cause serious bodily harm or death or cause damage to or destruction of my personal property.
I (we) hereby state that I (we) am (are):
(1) aware of these and other associated dangerous conditions, risks and hazards on the leased premises;
(2) understand, appreciate and acknowledge the nature and extent of the risks and dangers by being exposed to these and other associated dangerous conditions on the leased premises; and
(3) voluntarily, expressly and knowingly consent to the exposure of myself (ourselves) and my (our) personal property to these and other associated dangerous conditions.
By affixing my (our) signature(s) below, I (we) knowingly and expressly ASSUME THE RISK of my (our) exposure to obvious and latent, natural and man-made dangerous conditions or activities that I am (we are) apt to encounter expectedly or unexpectedly. This assumption of the risk may be used by the Lessor as a defense in a court of law as outlined by the Texas Supreme Court in Farley v. M.M. Cattle Co., 529 SW 2d 751, against any allegations claiming the Lessor failed to warn of any dangerous natural or man-made conditions whether I am (we are) apt to encounter them expectedly or unexpectedly. This assumption of the risk does not extend to Lessor’s reckless or intentional conduct.
The Severability Clause
If any term, provision, covenant, release, assumption or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Length of Agreement
This release applies during the time that I (we) am (are) permitted on the leased premises, now and in the future, and until this agreement is revoked in writing.
Parental, Guardian, and Supervisory Responsibility for Minors and Indemnification for Injuries or Deaths
In consideration for allowing minors to enter the leased premises, I (we) agree to keep close supervision of the minor(s) in my (our) watch and care at all times. I (we) further agree to indemnify the Lessor for all claims stemming from the injury or death of a minor in my (our) watch and care caused by my (our) lack of or negligent supervision.
Consent or Denial for Use of Testimonial, Pictures, Etc.
In the event photographs, slides or videos are made of me (us) while on the leased premises, I (we) consent to the Lessor’s use of the photographs, slides and videos in promoting and marketing the Lessor’s hunting and recreational activities on the leased premises. Likewise, by sending any testimonials or pictures via letters, emails, or otherwise of my (our) experiences on the leased premises to the Lessor, I (we) consent to the Lessor’s using them in like manner.
__________ Yes. You May Use the Material ___________ No. You May Not Use the Material
List of Recent Accidents and Incidents Occurring on the Leased Premises
According to Texas Case Law, the Lessor needs to warn hunters and guests of accidents and incidents occurring on the leased premises that may influence their decision to enter. The following is a list of all accidents and incidences that involved injury or death to a hunter or guest or to the damage or destruction of his or her personal property. The list covers all accidents and incidences occurring during the past two years. ______________________________________________________________________________
Dated and signed this ___________ day of ________________________ 20 _______.
(Hunter’s or Guest’s Signature) (Hunter’s or Guests Printed Name)
Hunter’s or Guest’s Address:
Dated and signed this ___________ day of _______________________ 20 ________.
(Hunter’s or Guests Signature) (Hunter’s or Guests Printed Name)
Hunter’s or Guests Address:
Portions of this waiver form was presented by the late Dean Patton, an attorney with Morrill, Patton and Bauer in Beeville, at the 13th Advanced Real Estate Course sponsored by the Texas State Bar in 1991. It has been edited by the Real Estate Center at Texas A&M University and is offered as a sample only.