GENERAL RELEASE OF LIABILITY
HOLD HARMLESS, WAIVER AND INDEMNITY AGREEMENT
In consideration of being allowed to enter upon the LUCKY PENNY RANCH located in Fayette County Texas (the property) of and for the use of the facilities and equipment of the "PARTIES RELEASED" (1) herein, whether for personal, recreational or business use and while participating in, observing or engaging in any way in the recreational and/or business activity including but not limited to swimming, partying, fishing, hiking, riding on farm equipment, retreat activities, target shooting or moving around the grounds on the Property or adjacent to the property or while in the process of coming to or leaving the Property, I do by these presents for myself, my heirs, executors, administrators and assigns, do hereby RELEASE, HOLD HARMLESS, WAIVE AND PROMISE NOT TO FILE A LAWSUIT OR MAKE A CLAIM OF ANY KIND, WHETHER FOR PERSONAL INJURY OR DAMAGE TO PROPERTY AGAINST THE "PARTIES RELEASED" THEIR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, FELLOW GUESTS AND ASSIGNS FROM ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, DEMANDS, LAWSUITS, COSTS OF ANY KIND ARISING OUT OF, RELATING TO OR RELATED FROM ACTIVITIES RESULTING IN PROPERTY DAMAGE, PERSONAL INJURIES OR DEATH SUSTAINED BY ME OR THOSE IN MY CARE AND SUPERVISION INCLUDING MINOR CHILDREN AND FRIENDS OF MINOR CHILDREN IN MY CARE AND SUPERVISION OR MY PROPERTY (OR THEIRS) WHILE PARTICIPATING OR ENGAGING OR OBSERVING IN ANY WAY ACTIVITIES UNIQUE TO THE LUCKY PENNY RANCH INCLUDING BUT NOT LIMITED TO INSTRUCTION, RETREATS, FOOD CONSUMPTION, TARGET SHOOTING OR FISHING RELATED ACTIVITIES.
I ALSO RELEASE THE "PARTIES RELEASED" RELATED TO BUT NOT LIMITED TO ALL ACTIONABLE EVENTS LISTED ABOVE EVEN SHOULD THOSE EVENTS INCLUDE SOLE, JOINT OR CONCURRENT ACT OR ACTS OF NEGLIGENCE OR GROSS NEGLIGENCE OF THE "PARTIES RELEASED".
I stipulate that this instrument shall be interpreted and applied in accordance with the laws of Texas and that any legal proceedings to invalidate, construe, modify or interpret any provision of this instrument must be filed in the District Court of Fayette County, Texas. I confess and agree that I have not relied on any representation, promise or warranty of any kind made by the "PARTIES RELEASED" as to the safety of any conditions, equipment, premises or activities which I may encounter or which may occur while participating in, observing or engaging in any way any recreational and/or business related activities included but not limited to all those listed in this agreement.
(1)The "PARTIES RELEASED" include James J. Howse, Carol L. Howse, Christian L. White and family members by blood, marriage, adoption or other legal relationship including J. Howse, Inc., LUCKY PENNY RANCH and any other entities owned by or related to the above through controlling interests.