NOTE: Venatura Excursions does not accept paper waivers, please submit electronically.

Please read this Release carefully and sign it only if you fully understand it.

Release of Liability, Consent for Exposure to Dangerous and Hazardous Conditions, and Assumption of the Risk and Indemnification Agreement

I, (hereinafter referred to as “Hunter”) hereby acknowledge that I have knowingly and willingly become a party bound by the terms and conditions of a Hunting Lease Agreement by and between the land owner of record Two Creeks Ranch, LLC and La Fortaleza de Zavala, LLC, their owners, members, managers, representatives, heirs, agents, employees and assigns (“Land Owners”) and New Fountain Operations, LLC (doing business under the names of “Two Creeks Ranch” ,“Paloma Pachanga”, “La Fortaleza Ranch”, or “Venatura Excursions”), including their owners, members, managers, representatives, heirs, agents, employees and/or assigns (hereinafter collectively referred to as “Lessee”), whether one or more, and the undersigned Hunter. This document is a legally binding contract between Land Owner, Lessee, and the individual(s) signing below known as Hunter or referred to interchangeably as “you” or herein).

THIS DOCUMENT IS A RELEASE: By signing this “Release”, you are releasing Land Owner and Lessee from liability for any act or omission that may result in injury or death to you or loss of property. In consideration of the right to enter the Ranch, you hereby release and agree to protect, indemnify and hold harmless the Land Owner and Lessee from and against any and all claims, demands, causes of action and damages, including attorneys’ fees, resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of the right to enter the Ranch and all improvements thereon, whether or not caused by the Lessee and/or Land Owner’s NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS AND/OR MENTAL ANGUISH CLAIMS. This release applies during the time that you are permitted on the Ranch, and you covenant and agree, by signing below, that you, your heirs, successors and assigns waive any right to make any claim or institute any suit or action at law or in equity against the Land Owner and/or Lessee arising from any and all activities on the Ranch and/or conditions thereon. When used in this Release, the term “Ranch” means land I am allowed to hunt on, to participate in hunting and/or other sporting and entertainment activities on, the facilities, and all improvements on such properties owned/operated by Land Owner and/or Lessee.

I acknowledge and understand that Lessee and Land Owner make no warranties, either express or implied, to the condition and/or safety of activities offered and activities or use of the improvements located thereon (hereinafter collectively referred to as the “Ranch”) located in Medina County, Texas and Zavala County, Texas.

Warning of the Dangerous Conditions on Ranch: The dangerous conditions listed below serve to warn me and make me 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 to me or to my personal property. My presence and participation of activities on the Ranch expose both me and my personal property to these dangerous conditions, risks and hazards, both obvious and latent and both natural and man-made, including, but not limited to all improvements or apparatus located both on and off roadways and trails, occurring naturally on the land or man-made or altered; insects and animals both wild and domestic that maybe poisonous or diseased both dead and alive on or off the Ranch; rushing and/or still water; trees and tree limbs; the presence of bare electrical wires to restrain livestock; the use of vehicles, boats and ATVs both on and off roadways, waterways, ponds and lakes; other hunters, poachers, trespassers, and persons operating firearms and possessing/using other weapons on the Ranch and/or on adjoining properties; damage to personal property as a result of theft, vandalism, or incidental to any other dangers conditions herein; and the absence of the availability or transportation to emergency medical care.

WAIVER AND RELEASE OF CLAIMS: IN CONSIDERATION FOR THE RIGHT TO ENTER THE RANCH, I HEREBY WAIVE AND RELEASE NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS AND MENTAL ANGUISH CLAIMS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROPERTY OWNER AND LESSEE NAMED ABOVE FROM AND AGAINST ANY AND ALL IDENTIFIED CLAIMS STATED HEREIN, DEMANDS, CAUSES OF ACTION AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, COURT COSTS, JUDGMENTS AND ATTORNEYS’ FEES RESULTING FROM ANY ACCIDENT, INCIDENT OR OCCURRENCE ARISING OUT OF, INCIDENTAL TO OR IN ANY WAY RESULTING FROM THE USE OF OR MY EXPOSURE TO THE CONDITIONS OF THE RANCH OR THE LAND OWNER’S OR LESSEE’S ACTIVE OR PASSIVE CONDUCT THEREON. I HEREBY FURTHER COVENANT AND AGREE THAT I, MY HEIRS, SUCCESSORS AND ASSIGNS WILL NOT MAKE ANY CLAIM OR INSTITUTE ANY SUIT OR ACTION AT LAW OR IN EQUITY ON MY BEHALF AGAINST THE LESSEE OR LAND OWNER WHICH I WOULD BE PRECLUDED FROM ASSERTING AS A RESULT OF EXECUTING THIS DOCUMENT. ALL SUCH CLAIMS OF NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS AND MENTAL ANGUISH CLAIMS ARE HEREBY WAIVED FOR ALL PURPOSES HEREIN.

Assumption of Risk

By signature below, I declare I acknowledge Land Owner’s and Lessee’s WARNING OF DANGEROUS CONDITIONS ON RANCH. I waive any and all causes of action that may give rise to a claim for negligence, gross negligence, personal injury or mental anguish due to my presence on the Ranch. I hereby agree and declare that the “Warning of Dangerous Conditions on Ranch” stated herein serves to warn me of any actual and/or potentially dangerous natural or man-made condition(s) that I may reasonably expect to encounter on the Ranch that may cause serious bodily harm or death or cause damage to or destruction of my personal property. I hereby state that I am aware of the dangerous conditions, risks, and hazards mentioned earlier and that I: (1) understand and appreciate the nature and extent of the risks and dangers of being exposed to those and other associated dangerous conditions and (2) voluntarily, expressly and knowingly consent to exposing myself and my personal property to those and other associated dangerous conditions.

By affixing my signature below, I knowingly and expressly ASSUME THE RISK of my exposure to the dangerous conditions, risks and hazards expressed above whether specifically stated or not. This assumption of the risk may be used by the Land Owner and/or Lessee as a defense in a court of law against any allegations either for negligence or gross negligence for failing to warn me of any dangerous natural or man-made conditions that I am apt to encounter expectedly or unexpectedly on the Ranch.

Released Parties Identified. You release the following persons, who are called the “Released Parties”: (i) Land Owner as defined herein; (ii) Lessee as defined herein; (iii) every other person who is present on the Ranch, including any parent company, affiliate, subsidiary, assigns, employees or contractors; (iv) every person or legal entity with whom Land Owner and/or Lessee has contracted or engaged to perform services upon the Ranch; purchased supplies or equipment; or constructed improvements upon or altered the Ranch; (v) any oil and gas operator, lessee or contractor of the Ranch; and (vi) every person or legal entity, and any such entity’s Land Owners, managers, officers and agents, which has leased or granted permission to Land Owner and/or Lessee to use or occupy such land, granting you the right to access for the purpose of hunting or other activities in which you may engage on the Ranch.

You hereby release each of the Released Parties from claims, losses, damages, expenses, costs (including attorney’s fees) or liability (collectively “Claims”) for or arising out of their acts and omissions, negligent or otherwise, that occurs or has occurred on or near the Ranch or traveling between the Ranch properties at any time due to your participation in activities, use of, or presence on the Ranch, including death, loss, damage, expense and cost, to you and to any person deriving rights from you, such as your spouse or children. You agree to abide by all the rules set forth by the Ranch, Land Owner, Lessee, the Texas Parks and Wildlife Department, and any and all other state or federal laws, rules, regulations, and/or entities governing your activities on the Ranch.

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.

Parental, Guardian and Supervisory Responsibility for Minors and Indemnification for Injuries or Deaths

In consideration for allowing the minor(s) listed below to accompany me (us) on the Ranch, I agree to keep close supervision of the minor(s) in my watch and care at all times. I further agree to indemnify the Lessee for all claims stemming from the injury and/or death of a minor or minors in my watch and care caused by my negligent supervision or gross negligent supervision.

Your Responsibilities and Indemnity. I am responsible for my own safety and for exercising all reasonable precautions to ensure the safety of other persons present on the Ranch. I agree to follow all laws, rules, and/or regulations set forth by the Ranch and/or any state, federal, or local governmental agency or entity. I agree to indemnify, defend and hold each Released Person harmless from any Claim resulting from or arising out of my failure to observe rules and obligations found in this Release, negligent, grossly negligent, or otherwise, including without limitation any Claim asserted by a person claiming to derive rights through me.

Consideration and Benefit. You are signing this Release in order to obtain access and permission to enter the Ranch and its structures thereon, and to engage in hunting and/or outdoor activities on the Ranch. This permission constitutes the consideration for this Contract. You specifically intend to include all Released Parties as beneficiaries of this Release even though they may not be specifically listed by name and although they may not sign this Release. By signing this Release, you acknowledge that there are many other places where you are free to hunt and participate in similar outdoor activities where the signing of this Release would not be required, but you have freely chosen to hunt and participate in such activities at the Ranch where your signing of this Release is required.

Consent for Use of Testimonial, Pictures, Etc.

In the event photographs, slides or videos are made of me while on the Ranch, I unconditionally consent to the Lessee’s use of the photographs, slides and videos in promoting and marketing the Lessee’s hunting and recreational activities on the Ranch. Likewise, by sending any testimonials or pictures via letters, emails or otherwise of my experience on the Ranch to the Lessee, I consent to the Lessee’s using them in like manner.

List of Recent Accidents and Incidents Occurring on the Ranch

According to Texas Case law, the Lessee needs to warn hunters and guests of accidents and incidents occurring on the Ranch 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. NONE

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AGREEMENT AND WARNING TO AGRITOURIST

AS AN AGRITOURISM GUEST, I UNDERSTAND AND ACKNOWLEDGE THAT THE HOST, AN AGRITOURISM ENTITY, IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AGRITOURISM PARTICIPANT LIKE MYSELF OR MINORS UNDER MY CARE RESULTING FROM THE AGRITOURISM ACTIVITIES INCLUDING THE ONES LISTED IN SECTION 75.001(3) OF THE TEXAS CIVIL PRACTICES AND REMEDIES CODE. I UNDERSTAND THAT I ACCEPT ALL RISK OR INJURY, DEATH, PROPERTY DAMAGE AND OTHER LOSS THAT MAY RESULT FROM THE AGRITOURISM ACTIVITIES OCCURRING ON THE PREMISES. I UNDERSTAND, PURSUANT TO SECTION 75A OF THE TEXAS CIVIL PRACTICES AND REMEDIES CODE, THAT THIS AGREEMENT AND WARNING INCLUDES AND BINDS MYSELF AS ANY OF MY MINOR CHILDREN WHO ENTER WITH ME ON THE PREMISES. THIS DOCUMENT ALSO COVERS ANY OF MY MINOR CHILDREN ENTERING PROPERTY OF ANOTHER WITHOUT MY PRESENCE UNDER THE SPONSORSHIP OF A SCHOOL, CHURCH GROUP OR OTHER ORGANIZATION NAMED BELOW.

Minors and Parents

If you are accompanying a Minor, the undersigned is the parent (“Parent”) of the minor identified below (“Minor”). The Parent represents and warrants to the Released Parties that he/she is the parent or legal guardian of the Minor and has signed the foregoing Release and Waiver of Liability on behalf of the Minor and in that legal capacity binds the rights and interests of the Minor to the foregoing Release. All references to “you” in the foregoing Release also mean the Minor. Further, the Parent hereby agrees to indemnify, defend and hold harmless the Released Parties for any and all Claims which the Minor or those on behalf of the Minor assert against the Released Parties contrary to this Release.

FINAL

You acknowledge that you have read each of the pages to this Release, you understand it thoroughly, you agree with its content and warning of potential hazards and injury which may result from your presence on or near the Ranch and traveling between Ranch properties. You agree to release the Released Parties from all liability resulting from your actions, or the actions of other people, and to assume full responsibility for any injury, death or property damage which you may sustain or cause resulting from your activities on the Ranch.

You acknowledge that you are giving up important legal rights by contractually agreeing not to sue or make Claims against the Released Parties. You agree that you have been given the opportunity to seek an attorney’s opinion before signing this Release, and if you have not done so, it is because you have freely chosen not to do so, and no one has said or implied to you that such counsel is not necessary. You realize that attorneys should be consulted prior to signing contracts and this Release is a contract.

THE UNDERSIGNED IS WAIVING NEGLIGENCE CLAIMS,

GROSS NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS AND MENTAL ANGUISH CLAIMS

Dated and signed:

Name:

(Signature of Agritourist Guest and/or Parent, Conservator or Guardian)

Initial Below:

HUNTING DOGS: I understand that dogs will be present for pheasant and quail hunts. If a dog is killed or wounded by my gunfire, accidental or otherwise, I agree to pay a fee of $10,000 to Lessee.

PHEASANT AND QUAIL HUNTS: I am aware that I am required to wear a form of orange, whether it is clothing, a vest or a hat, in the field for safety purposes.

EYE & EAR PROTECTION: I acknowledge that Venatura Excursions has recommended to me that protective eyewear and adequate ear protection be used when shooting and are available to me for purchase.

HUNTING LICENSE: I agree to purchase a valid Texas Hunting/Fishing License before I engage in any hunting or fishing activities. License may be purchased at The Outpost.

NATURE OF THE HUNT: I acknowledge that while Venatura Excursions has done everything they can to attract game birds to the hunting areas (including but not limited to planting and irrigating attracting crops, filling water tanks throughout property, rotating and not overcrowding fields, etc.),  Dove are wild animals and not under the control of Venatura Excursions guides and staff.  Therefore,  no refunds will be given if I do not harvest a limit. 

Please select who will be participating: