RELEASE, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
We, Martin and Kathrin Stucki, look forward to having you and your family and friends join us at our ranch in Freemont County, Wyoming (the “ranch”). On these pages, you will find important information about our ranch, our activities and the potential risks involved in participation in some of our activities. Please read this information carefully and ask us any questions you might have, as this is a release of liability and waiver of certain rights.
Participation in ranch activities, sports and recreational opportunities involves risk. These risks will be greater than many people encounter in their daily lives, which is what can make your experience at the ranch distinctive. It is of utmost importance to us that you not engage in activities that are opposed by you, your family, or your doctor due to illness, physical or mental infirmity, or any other health/medical condition that you may have, whether diagnosed or undiagnosed. Use of or being under the influence of alcohol or judgment affecting drugs or medications while participating in ranch activities is unsafe and strictly prohibited. In consideration for my being permitted to participate in the activities, sports and recreational opportunities including, but not limited to, all-terrain vehicle activities, snowmobiling, dude ranching, Nordic or alpine skiing and other alpine sports, mountain climbing, outdoor activities, river floating, shooting, hunting, fishing, backcountry trips, horseback riding and any other equine activities and similar recreational opportunities, and the use of the property, animals, and facilities of the ranch (the “Activities”), I agree: I acknowledge that the Activities have and involve risks, hazards, and dangers for anyone, which are inherent and cannot be eliminated, particularly in a wilderness environment, and risks, hazards and dangers that may be increased through circumstances or conduct or that could be reduced or avoided by certain courses of action.
I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE, WITHOUT LIMITATION, THE FOLLOWING. This list does not include all inherent risks but serves to provide examples and promote an understanding of the risks, any of which could result in property damage, injury, mental stress, permanent disability, paralysis or even death.
1. Complications associated with exposure to weather (including extreme cold, snowy, wet or icy conditions, heat, sun, lightning, and avalanches), altitude, temperature extremes and physical exertion.
2. Perils and hazards arising from unintended contact with others, including participants and members of the general public.
3. Perils and hazards arising from variations in terrain and unintended contact and collisions with both (i) natural features such as rocks, trees, plants, creeks, water, stumps, forest growth, debris, cliffs, surface and sub-surface conditions, and other obstacles whether they are obvious or not obvious, and (ii) man-made features such as posts, roads, trails, bridges, and equipment.
4. Perils and hazards arising from encounters with wildlife, wild and domesticated animals, and insects.
5. Perils and hazards arising from equipment failure or malfunction.
6. Increased risk of harm due to delays in the delivery of emergency medical services in remote locations or due to reasons beyond the ranch’s or Indemnitiee’s (defined below) control.
7. The propensity of animals to behave in ways that may result in injury, harm, or death to persons on or around them.
8. The unpredictability of animals’ reaction to such things as sounds, sudden movement and unfamiliar objects, persons, or other animals.
9. The potential of participants to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over animals or not acting within his or her ability.
10. The risk of handling firearms and being near others that have firearms in their possession. I understand that in addition to the risks inherent and accompanying in all activities at the ranch, more specific risks accompany each type of activity. For example, horseback riding and other equine activities present certain hazards due to the propensity of the animal to behave in unpredictable ways. Riders may be thrown from, bucked by, stepped on, dragged by, or kicked by horses. Horses may stumble, fall, or rear, without warning. Snowmobiling and all-terrain vehicle activities expose participants to rollovers and collisions with trees, obstacles and other parties. Rafting, canoeing, swimming, kayaking and other water based activities expose participants to drowning or other complications associated with immersion in cold water, falling into water and/or swimming in turbulent water, becoming pinned or entrapped by items or obstacles in/on the water, colliding with rocks, boats and other items in the water, and falling while entering or exiting any boats. Biking, climbing, bridge crossing and other land based activities expose participants to falls from heights and obstacles, high speeds and sudden stops, trauma resulting from being fully supported in a harness for an extended period, collisions, and chances to become lost. I understand that wearing a helmet may prevent serious injury. Any choice not to wear a helmet is solely mine and I voluntarily assume any risk of loss, damage, or injury that may be sustained due to my failure to wear a helmet. I understand that I have the right to inspect the facilities and equipment to be used, and if I believe anything is unsafe, it is my responsibility to immediately advise ranch staff of such condition and refuse to participate. I understand the risks, hazards, and dangers described above and have had the opportunity to discuss them with staff at the ranch. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks.
I AM VOLUNTARILY USING THE SERVICES AND ENGAGING IN THE ACTIVITIES OF THE RANCH WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, MENTAL STRESS, DISABILITY, DEATH OR PROPERTY DAMAGE. I, for myself and my heirs, successors, administrators, executors, assigns, representatives and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS Martin and Kathrin Stucki, the ranch, affiliated entities and their direct and indirect members, managers, parents, subsidiaries, affiliates, equity holders, directors, officers, agents, employees, and volunteers (the “Indemnitees”) from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in any Activity including, but not limited to, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, mental stress, disability, or death to me or my property as a result of my engaging in an Activity or the use of these services, animals or equipment, whether such loss, injury, paralysis, death or damage results from negligence of an Indemnitee or from some other cause, and whether resulting from an inherent risk or any other risk. I, for myself, my heirs, my heirs, successors, administrators, executors, assigns, representatives and subrogees, further agree not to sue Martin or Kathrin Stucki or any Indemnitee as a result of any damage, injury, paralysis, mental stress, disability or death suffered in connection with my use and participation in the Activities. I agree, during the time I engage in the Activities, to respect and comply with all rules and regulations governing the Activities as established by the ranch and all applicable laws. I expressly waive any benefits I may have under Wyoming law, or any other law, that provides that a general release does not extend to claims which I do not know or suspect exist in my favor at the time of execution of this release, which if known by me may have materially affected my decision to sign this Release. If any term or provision of this agreement is held to be void or invalid, such term or provision shall be severed, and all other terms and provisions shall remain valid and binding. This agreement shall be governed by Wyoming law, including but not limited to, the Wyoming Recreation Safety Act. Any litigation between the ranch or an Indemnitee and me relating to an Activity or this agreement (whether arising under this agreement or any statute, regulations, ordinance, or other rule of law or otherwise) shall be brought in state or federal court sitting in Jackson, Wyoming.
I AM NOT RELYING ON ANY OF THE RANCH’S TRAINING OR OTHER INFORMATION OR PROMISES BY THE RANCH OR ANY INDEMNITEE OTHER THAN WHAT IS IN THIS RELEASE IN DECIDING TO PARTICIPATE IN THE ACTIVITIES OR IN SIGNING THIS RELEASE. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY AGREE TO THIS WAIVER AND RELEASE AGREEMENT. I am in good physical health and have the ability to safely engage in Activities.