WAIVER LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK AND AGRITOURISM AGREEMENT

SML, LLC d/b/a Ozark Ranch – Waiver of Claims and General Release of Liability Relating to Ozark Ranch Hazards

The novel coronavirus (COVID-19) has been declared a world-wide pandemic by the World Health Organization. All visitors to the Ranch are strongly urged to be fully vaccinated when visiting the Ranch, in order to reduce everyone’s exposure.

Further, I fully understand that when participating in, observing or accompanying any land stewardship work, tour, horseback riding, fishing, hiking, cave exploration, swimming, boating, RV camping, or other educational, artistic or recreational activity at Ozark Ranch (the “Property”), I may be injured by falling, or may suffer sprains, or be struck by flying objects, including tree branches, that I may be attacked by insects or other animals, and that I could be injured when observing or using tools related to maintenance of the property or during work on other features of the property. I understand that when exploring the caves, waterfalls, or swimming in the lakes, I am responsible for ensuring that children and adults alike are being monitored and watched and that I (we) swim and explore at our own risk on this Property. I further understand that I may be susceptible to heat stroke, exhaustion, allergies or other physical maladies while on the Property, and that travel in motor vehicles and on foot, horseback, or bicycle on the Property may be unsafe due to poor visibility, roughness, loose surfaces, presence of other traffic, construction machinery, recreational vehicles, and other possible obstacles to safe passage.

 

Further, I understand this Property is somewhat unimproved, that it has very limited or no mobile phone reception, that there are poisonous snakes, wasps and wild animals that may be dangerous on the Property, that roads, paths, and cave floors are potentially unstable and slippery, that the Property consists of forest land with many trees of unknown stability, that the Property landscape is susceptible to wildfire (and therefore smoking is banned on the Property in non-designated areas), that the lakes and waterfalls are central features of the Property and swimming can be dangerous with tricky currents or drop-offs and there is no lifeguard, that water supplies on the property are non-potable (except where indicated otherwise) and that there is a substantial amount of Poison Oak on the property. Moreover, I further understand that this is not a complete list of potential risks attendant to my being present on the Property.

 

SML, LLC d/b/a Ozark Ranch, the owner and manager of the Property, including its employees, staff, ranch caretaker, Board Members and Officers (the Released Parties), cannot prevent you from becoming exposed to, contracting or spreading COVID-19 during your stay at Ozark Ranch or while utilizing the Released Parties’ premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to come to Ozark Ranch to use the premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

 

ASSUMPTION OF THE RISK: I have read and understand the above warning concerning Ozark Ranch hazards. Staying at Ozark Ranch and enjoying the premises, lakes, and caves is of such value to me that I accept the risk of being exposed to, contracting and/or spreading COVID-19 in order to stay at the Property. I hereby choose to accept the risk of the natural hazards presented at the Property during my stay at the Property.

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring a lawsuit against the Released Parties in connection with exposure, infection and/or of spread of COVID-19 related to my stay at Ozark Ranch. Furthermore, I hereby forever release and waive my right to bring a lawsuit against the Released Parties from all liability, including liability arising from any act of active or passive negligence or want of ordinary care on the part of the Released Parties. In consideration of my participation in the above stated activities, I waive, release, and discharge the Released Parties from any and all claims of liability, including, but not limited to, claims relating to injury or damage from any cause to me or my property arising out of my presence on the Property. This agreement is binding upon my executors, heirs, and assigns.

 

I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have for damages, whether known or unknown, foreseen or unforeseen.

 

INDEMNIFICATION: I agree to indemnify and hold harmless the Released Parties against all claims, demands, and causes of action, including court costs and actual attorney fees, arising from any proceeding or lawsuits prosecuted for my benefit, relating to the subject of this waiver of claims release.

OTHER TERMS: I fully understand and agree that (a) this Release is intended to be as broad and as inclusive as permitted by the laws of the State of [Insert Your State Here], (b) if any portion of this Release is for any reason held invalid or legally unenforceable, then the balance of the Release shall, notwithstanding, continue in full force and effect and (c) I have had the opportunity to ask any questions about this Release prior to signing and I fully understand its terms and meaning.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND GENERAL RELEASE OF LIABILITY, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.