In consideration of the opportunity to use the premises of John Bunker Sands Wetland Center Inc., Wetlands Management, L.P., Wetland Farm, LLC, and North Texas Municipal Water District, (collectively the “Ranch”) including access to (i) use trails, boardwalks, stairs, campgrounds, lakes, bikes, of all types, motor vehicles, and other equipment and facilities and (ii) participate in hiking, educational activities, and all other activities (collectively, the “Activities”): I understand that the Ranch is largely rough, unimproved land that is home to potentially dangerous wildlife, including but not limited to ticks, stinging or biting insects, and snakes, and that the use of the equipment, trails, lakes, and facilities, and the involvement with and participation in the Activities at the Ranch are dangerous and may lead to serious personal injury, illness, death, and/or property damage and that Participant must observe all safety precautions, use sound judgment, and wear appropriate safety equipment and footwear at all times when using any equipment or facilities or otherwise engaging in any Activities at the Ranch. I acknowledge that my use of the equipment and facilities and involvement with and participation in any Activities on the Ranch may or may not be supervised by any professionals or personnel, and, if I am accompanied by my children or am responsible for any other children while at the Ranch, I accept full responsibility to monitor and supervise such children at all times. I acknowledge that there are no lifeguards or other supervisors on duty at any lake or other body of water at the Ranch, nor is there any fencing around such bodies of water or any other potentially attractive hazard. I understand that swimming is strictly prohibited. I acknowledge that the Ranch is outdoors and therefore subject to rain, ice, and snow that cause slippery conditions and low-light conditions at night. I agree to not pick up or touch any wildlife, including insects. I VOLUNTARILY ASSUME full responsibility for myself and for my children or other children for whom I am responsible during my time at the Ranch for serious personal injury, disease, illness, animal or insect bites, death and/or property damage caused in whole or in part by my presence at the Ranch, the use of the facilities and equipment or my involvement with and participation in all Activities.Participant represents warrants and covenants to the Released Parties (as defined below) that no statements or representations have been made to Participant by any Released Party, except as expressly stated herein. I am aware that the Ranch is in an area remote from medical care, and that John Bunker Sands Wetland Center Inc., Wetlands Management, L.P., and North Texas Municipal Water District cannot guarantee the availability of emergency medical services or emergency transportation to medical facilities for treatment, including but not limited to snake bites and disease carried by wildlife such as ticks, diagnosed after my use of the Ranch. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE John Bunker Sands Wetland Center Inc., Wetlands Management, L.P., Wetland Farm, LLC, and North Texas Municipal Water District, their owners, and their respective officers, directors, trustees, employees, contractors and their agents and insurers (the “Released Parties”) from all claims, causes of action, liabilities, losses, damages,and expenses arising from or relating to any injury, illness, or damage I (and/or my children or other children I am responsible for supervising) may suffer in connection with any equipment, facilities or Activities at the Ranch, even those arising from, or alleged to be arising from, the negligence of the Released Parties. This release is made knowingly and shall bind MYSELF AND MY HEIRS, SUCCESSORS, AND ASSIGNS RELEASE THE RELEASED PARTIES FROM ANY LIABILITY FOR ANY CLAIMS FOR LOSS OF OR DAMAGE TO PROPERTY AND FOR ANY ILLNESS OR INJURY TO MY PERSON, INCLUDING MY DEATH, THAT MAY RESULT IN CONNECTION WITH MY USE OF THE RANCH. I UNDERSTAND THAT THIS RELEASE COVERS ANY DAMAGE OR INJURY FROM ANY CAUSE WHATSOEVER, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES. I FURTHER AGREE FOR MYSELF AND FOR MY HEIRS, SUCCESSORS, AND ASSIGNS TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM LOSS, DAMAGE, LIABILITY, CLAIMS, OR EXPENSE FROM ANY CAUSE WHATSOEVER, INCLUDING THE NEGLIGENCE OF RELEASED PARTIES, ARISING IN CONNECTION WITH MY USE OF THE PREMISES. I agree to waive any protection afforded by any statute, rule, regulation or law in the State of Texas whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which a person at the time of giving the release does not know or suspect to exist at the time of executing the release. I acknowledge that this Release is intended to be as broad and as inclusive as permitted under the laws of the State of Texas and, if any portion is held to be invalid, the remainder shall, notwithstanding, continue in full legal force and effect. In consideration of granting access and use of the Ranch to other of my family members from time to time hereafter, including my minor children, I agree that the releases and indemnification set forth in the previous paragraph includes all claims for any damages that those family members might bring. PHOTO & MEDIA AUTHORIZATION: You grant John Bunker Sands Wetland Center, Inc. permission to photograph and/or record you (or your child) during participation in programs or activities. These images or recordings may be used in print, digital, video, social media, website, promotional materials, and exhibits for educational and marketing purposes. You understand that no compensation will be provided and that consent is granted without time or geographic limitation. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS RELEASE AND INDEMNIFICATION AGREEMENT. By (signature):______________________________ Printed Name: ______________________________ If the above individual is a child under 18 years of age, the undersigned custodial parent or legal guardian has read the terms of this Release and gives such child permission to engage in such Activities under the terms of this Release. THIS RELEASE BINDS ALL CUSTODIAL PARENTS OR LEGAL GUARDIANS, AND THEIR HEIRS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS. Age of child Participant: ____ Parent or Legal Guardian Signature:_______________________ Printed Name: ________________________________________ ADDENDUM TO RELEASE AND INDEMNIFICATION AGREEMENT FOR PARTICIPATION IN 5K OR OTHER RUNNING RACES This Addendum is made a part of the Release and Indemnification Agreement executed by the undersigned (the “Participant”) in connection with the use of the premises of John Bunker Sands Wetland Center Inc., Wetlands Management, L.P., Wetland Farm, LLC, and North Texas Municipal Water District (collectively, the “Ranch”). This Addendum is specifically applicable to the Participant’s engagement in any 5K, 10K or other races (the “Race Activities”) held at the Ranch. 1. Acknowledgment of Risks: The Participant acknowledges and agrees that the Race Activities involve additional risks, including but not limited to, uneven terrain, weather conditions, potential collisions with other participants, and physical exertion. The Participant understands that these risks may lead to serious personal injury, illness, or death and agrees to assume all such risks voluntarily. 2. Release and Waiver: In addition to the terms of the original Release and Indemnification Agreement, the Participant hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties for any claims, causes of action, liabilities, losses, damages, or expenses arising from or relating to the Participant’s involvement in the Race Activities, including those arising from the negligence of the Released Parties. 3. Indemnification: The Participant agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties from any claims, damages, liabilities, or expenses resulting from or connected with the Participant’s participation in the Race Activities, including any injury or damage to others caused by the Participant’s actions. 4. Medical Fitness: The Participant represents that they are medically fit to engage in the Race Activities and have no known conditions that would endanger themselves or others by participating. 5. Severability: If any provision of this Addendum is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 6. Medical Care: If I am injured or become ill, I authorize Ranch or other personnel to render or obtain reasonable emergency medical care and to transport me if needed. I understand I am responsible for all related costs. I also authorize medical personnel to contact my emergency contact listed below. (This is not a promise that medical support will be available.) 7. Photo Release: I grant the Released Parties permission to use my name, image, voice, likeness, and photographs/video/audio taken in connection with the Event for legitimate purposes (including publicity/marketing and internal communications) without compensation, unless prohibited by law. 8. Weather: I understand the Event may be delayed, modified, re-routed, shortened, or cancelled due to weather, safety concerns, governmental direction, or other reasons. I waive any claims arising from such changes. 9. Severability: If any portion of this Addendum to the Agreement is held invalid or unenforceable, the remaining portions will continue in full force to the maximum extent permitted by law. By signing below, the Participant affirms that they have read and understood this Addendum, and voluntarily agree to its terms.
