WAIVER - Pandora's Box of Rox Trail Run and all races if included as part of a multi-race registration bundle:
In consideration of the foregoing, I, for myself, my heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims and courses of action I have or may have against the Pandora's Box of Rox Trail Run, Tejas Trails LP, Event Data Solutions, Inc., RunSignUp, Inc., race volunteers, Reveille Peak Ranch, their agents, employees, officers, directors, successors and assigns, and any and all sponsors, their representatives and successors, that may arise as a result of my participation in the Pandora's Box of Rox Trail Run any and all races and locations of those races included in a multi-race bundle and any pre- and post - event activities. I understand that this event may cause serious bodily harm including broken bones and even death. I attest and verify that I am physically fit and have sufficiently trained for the completion of this event and my physical condition has been verified by a licensed medical doctor. In the event that this registration is transferred or deferred to another Tejas Trails race, the acceptance of this waiver shall constitute my acceptance of the waiver of the Tejas Trails race that I defer or transfer to. Further, I hereby grant full permission to any and all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose including commercial advertising. I understand and agree to have my email address I used for registration added to the Tejas Trails pre-race emails, post-race email, and weekly newsletter email. I can unsubscribe at any time. I agree to all conditions listed above.
By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver.
REVEILLE PEAK RANCH
ACCEPTANCE OF RISKS INDEMNIFICATION AGREEMENT
I. Assumption of the Risk
I, the undersigned Ranch Guest, fully understand and agree that participation in any activity listed below associated with race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, and its employees or instructors (full time or contracted) or using equipment provided by race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, and its employees or instructors (full time or contracted) or my own personal equipment, upon property owned or operated by race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, and its employees or instructors (full time or contracted) may result in accidental or other physical injury or property damage. I ACKNOWLEDGE THAT MY PARTICIPATION IN ACTIVITIES AT REVEILLE PEAK RANCH INHERENTLY ENTAILS KNOWN AND UNKNOWN RISKS AND INHERENT DANGERS WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO MYSELF, TO PROPERTY, OR TO THIRD PARTIES. I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL ENTERTAINMENT OR TRAINING QUALITIES OF THE ACTIVITIES. Furthermore, I understand that race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, and its employees or instructors (full time or contracted) seek safety but are not infallible. Race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch and its employees or instructors (full time or contracted) might be unaware of a Ranch Guest's fitness or abilities. Race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch and its employees or instructors (full time or contracted) might misjudge the weather, the elements, or the terrain. Race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch and its employees or instructors (full time or contracted) may give inadequate warnings or instructions, and the equipment being used might malfunction. I also understand that race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch and its employees or instructors (full time or contracted) have no control over certain hazards concerning surface or subsurface conditions of property; natural conditions of land, vegetation, or waters; and the behavior of wild or domestic animals. I understand that I am ultimately responsible for identifying hazards which may cause risk of injury or damage during my activities. I, for myself my heirs, legal representatives, and assigns agree to assume the risk of such injury or damage.
II. Assumption of Personal Responsibility
In consideration of the services of race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, their agents, owners, officers, volunteers, other Ranch Guests, employees, and all other persons or entities acting in any capacity on their behalf, I ASSUME ALL THE FOREGOING RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY INJURY, DEATH, OR DAMAGE OF ANY KIND. I DO HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE VOL AND KRISTI MONTGOMERY AND/OR REVEILLE PEAK RANCH, AND ITS SUCCESSORS ASSIGNS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO HEREIN AS “RELEASED PARTIES”), FROM ANY AND ALL MANNER OF CAUSES OF ACTION, LAWSUITS, CLAIMS, DEMANDS, JUDGMENTS AND DAMAGES of every kind and character, known or unanticipated, including, but not limited to, claims of Released Parties negligence or the condition or use of the property of any of the Released Parties, that I have or could have against the Released Parties or any of them, resulting from or arising out of participation in the Activity.
III. Agreement to Indemnify/Hold Harmless
Race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, and its employees or instructors (full time or contracted) shall not be responsible for any lost or stolen items of personal property. I AGREE TO INDEMNIFY AND HOLD race hosting or other entities, VOL AND KRISTI MONTGOMERY AND/OR REVEILLE PEAK RANCH, AND ITS EMPLOYEES OR INSTRUCTORS (FULL TIME AND CONTRACTED) AS RELEASED PARTIES HARMLESS AGAINST ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES, including reasonable attorneys' fees for the defense thereof, arising from a Ranch Guest’s, or Ranch Guest’s invitees’, or children's activities on or around the property of Vol and Kristi Montgomery and/or Reveille Peak Ranch at any time, EVEN IF the claim, demand, damage, cost or expense is CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF VOL AND KRISTI MONTGOMERY AND/OR REVEILLE PEAK RANCH AND ITS EMPLOYEES OR INSTRUCTORS (FULL TIME AND CONTRACTED).
IV. Assumption of Costs/Medical Risks
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
V. Agreement NOT to Sue; Waiver of Liability, Choice of Law/Venue
IN EXCHANGE FOR MY PARTICIPATION IN ACTIVITIES AT REVEILLE PEAK RANCH, I (FOR MYSELF, MY HEIRS, FAMILY MEMBERS, PERSONAL REPRESENTATIVES, AND ASSIGNS), AGREE NOT TO SUE THE RELEASED PARTIES. I EXPRESSLY AGREE THAT THIS WAIVER OF LIABILITY, RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT IS INTENDED TO BE AS BROAD AND AS INCLUSIVE AS IS PERMITTED BY THE STATE OF TEXAS, and that if any portion, word, term, phrase, clause or paragraph of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. It is further agreed that the execution of this waiver of liability, release indemnification and hold harmless agreement will not constitute a waiver by race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch and its employees or instructors (full time or contracted) of any defense recognized by federal or state courts. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch and its employees or instructors (full time or contracted) on the basis of any claim from which I have released them herein. I understand that this is the entire agreement between me and race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch or and its employees or instructors (full time or contracted), and this agreement cannot be modified orally. I also understand that this Agreement is governed by Texas law and that venue is proper only in Burnet County, Texas.
VI. Authorization to Provide Medical Treatment
I understand that Reveille Peak Ranch and seeks to provide a safe environment for Ranch Guests, however, I also understand that emergency medical care may or may not be immediately available if I do suffer minor or major or life-threatening injury. I hereby authorize the staff and representatives of race hosting or other entities, Vol and Kristi Montgomery and/or Reveille Peak Ranch, or and its employees or instructors (full time or contracted) to arrange and secure any necessary emergency medical and dental treatment. I also understand that I am responsible for any charges for these emergency services.
VII. Permissible Activities
I understand that many of the activities listed below may or may not be permitted and/or may only be allowed only through special authorization or as a guided or led activity. I understand that any Ranch Guest desiring to conduct activities not on the below list must first obtain written permission from Vol or Kristi Montgomery or their designated Reveille Peak Ranch representatives. I understand I must conduct the following activities only in their designated areas. I UNDERSTAND THAT RANCH GUESTS MAY NOT CONSUME ALCOHOL WHILE PARTICIPATING IN MOUNTAIN BIKING, TRAIL RUNNING, WATER ACTIVITIES, HUNTING/SHOOTING, CHALLENGE COURSES, OR ANY OTHER ACTIVE EVENT AT THE RANCH.
1. Hiking or Trail Running
2. Mountain Biking
3. Camping
4. Fishing
5. Paddle Boarding, Kayaking, or Canoeing
6. Swimming
7. Vehicle Driving
7. High or Low Challenge Course Elements
8. Portable Low Ropes or Climbing Walls
9. Rock Climbing, Rappelling, Fast Roping, Bouldering
10. Scuba Diving
11. Hunting or Shooting.
12. Horseback Riding
13. Obstacle Course Use
VIII. Use of Shuttle
As a Ranch Guest, I agree that this release covers any use of the Reveille Peak Ranch shuttle either on or off property. I voluntarily bear the risk of riding in the shuttle and I agree NOT to hold liable race hosting or other entities, Reveille Peak Ranch and Vol or Kristi Montgomery, and its employees or instructors (full time or contracted) or any released parties in case of an accident.
IX. Attestation
BY MY SIGNATURE AND INITIALS, I ATTEST THAT I AM PHYSICALLY CAPABLE OF SAFELY PARTICIPATING IN THE ABOVE DESIGNATED ACTIVITIES, AND I AM NOT AND WILL NOT BE UNDER THE INFLUENCE OF ANY MEDICATION, ALCOHOL, OR SUBSTANCE, THAT WOULD IMPAIR MY ABILITY TO SAFELY PERFORM THE ABOVE ACTIVITIES. I have had sufficient opportunity to read this entire document and present it to an attorney for review if I wanted to. I have read and understood it, and I voluntarily agree to be bound by its terms. If I am under 18, I have permission of at least one Parent or Guardian to participate in the above activities as signed below. Finally, I HAVE READ APPENDIX A RANCH RULES AND AGREE TO ABIDE BY THEM.
APPENDIX A: RANCH RULES
As a Ranch Guest at Reveille Peak Ranch, I have read and agree to abide by the following Ranch Rules and RPR Range Rules. I understand that I may forfeit my opportunity to participate in Ranch activities if I perform activities in an unsafe manner or breach these rules. I also understand that Vol and Kristi Montgomery and Reveille Peak Ranch retain the right to update, change, or amend these rules at anytime. It is therefore my responsibility to keep apprised of Ranch Rules and any updates to those Rules prior to my participation in any activity.
At Reveille Peak Ranch:
· All guests MUST sign waiver and pay fees UPON ENTRY. Minors must have their own waiver and both parent/guardian and minor must sign.
· Leashed, well behaved dogs allowed in camping and on trails. No dogs in Pavilion or Pool area.
· NO climbing on the tower across the lake
· Paddleboarding, kayaking, and canoeing are allowed in the lake. No lifeguard on duty. Parents must be with children 12 and under while on the water. PFDs are required for for all water activities.
· Biking, running, and hiking on marked trails only.
· Bikers must always wear helmets. Stay within skill level. Ride downhills slowly the first time.
· Hikers and Runners must yield to Bikers.
· No collecting of rocks, plants, or animals.
· We reserve the right to ask you to leave for any reason, at the sole discretion of the RPR Staff.
· Strict Noise curfew 10 pm, both music and voices.
· Failure to follow this process and proceeding beyond Check-In shall be considered TRESPASSING, your vehicle is subject to being towed and you may be prosecuted to the full extent of the law.
I agree to all conditions listed above.