Waivers - Timber Hills Lake Ranch Hospitality

Will you be participating in a hunt at Timber Hills Lake Ranch?(Required)

Yes
No
Unsure

Will you be participating in any of the other activities at Timber Hills Lake Ranch?(Required)

Yes
No
Unsure

(i.e. Renting Electric Bikes, Watercrafts, etc)

Hunting Waiver

TIMBER HILLS LAKE HUNTING PRESERVE

WAIVER AND RELEASE FORM AND PARTICIPANT AGREEMENT

In consideration of the services of Timber Hills Guide/Recreational & Outfitter Services, their officers, agents, employees, stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “the Outfitter”), I agree as follows:

Although the outfitter has taken reasonable steps to provide you with appropriate equipment and skilled guides so you can enjoy an activity for which you may or may not be skilled, we remind you; this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to the unique character of this activity can be causes of loss of or damage to your equipment, accidental injury or illness, permanent trauma, or death. We do not want to frighten you or reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.

HOLD HARMLESS CLAUSE TO PARTICIPANT AGREEMENT: I, for myself, my heirs, successors, executors, and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS (“indemnify” meaning to protect by reimbursement or payment) the Outfitters owners, agents, and employees, with respect to any and all claims, actions, causes of action, liabilities, suits, expenses (including costs and reasonable attorney’s fees) and NEGLIGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property in any way connected with my participation in these recreational activities or my use of the Outfitters equipment or facilities. I AGREE that neither I, nor anyone acting on my behalf, will make a claim of any kind against the Outfitter, the owner of any leased private lands, the United States Forest Service, National Park Service, BLM, or any governmental agency whose property any scheduled activity may be required to utilize, for any damage, injury, paralysis, or death to me or my property.

I am aware that this activity entails risks of injury or death to myself. I understand that the description of these risks is not complete and that other unknown or unanticipated risks may result in injury or death. I agree to assume responsibility for the risks identified herein and those risks not specifically identified. 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 certify that I am fully capable of participating in this activity. Therefore, I assume full responsibility for myself, including my minor children, for bodily injury, death and loss of personal property and expenses thereof as a result of those inherent risks and dangers or any negligence in participating in this activity.

I have read, understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representatives, estates, and for all members of my family, including any minors accompanying me. I acknowledge I am not relying on any oral, written, or visual representations or statements made by the Outfitter, including those made in brochures or other promotional material, to induce me to participate in this activity.

Name of Participant(Required)

First Last

Signature of Participant(Required)

If Under 18, Name of Parent / Guardian

First Last

If Under 18, Signature of Parent / Guardian

Address(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Phone Number(Required)

Date(Required)

Activity Waiver

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

1. Consideration

1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

2. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant has completed orientation, test drive and agreed all equipment is safe and hazard free. signed this Agreement.

3. Details of Activity

3. The Participant will participate in the following activity: Rental of Electric Bike or Watercraft with trolling motor on approved trails and waterways.

4. Concurrent Release

4. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant’s spouse, heirs, executors, administrators, legal representatives, and assigns.

5. Fitness to Participate

5. The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above-mentioned activity. If required, the Participant will obtain a medical examination and clearance.

6. Full and Final Settlement

6. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.

7. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.

8. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.

9. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.

10. This Agreement will be governed by and construed in accordance with the laws of the State of Kansas. This includes the Kansas Farm act as posted on THLRCC property.

Participant agrees to take full responsibility for and activity as agreed above.

The participant agrees to remain on agreed trails and waterways with all rental equipment.(Required)

I agree

The participant agrees to an orientation for electric bike or watercraft, to be performed by Timber Hills staff.(Required)

I agree

The participant agrees that there has been a test drive of electric bike before full rental and is comfortable in operation and safety of equipment.(Required)

I agree

The participant agrees to thoroughly check electric bike and watercraft before rental period begins for any damage, potential safety issues, and document with photos.(Required)

I agree

Emergency Contact Name(Required)

Emergency Contact Phone Number(Required)

Participant Name(Required)

First Last

Participant Signature(Required)

If Under 18, Name Of Parent or Guardian

First Last

If Under 18, Signature Of Parent or Guardian

Date(Required)

Address(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Phone Number(Required)