EQuip Services, LLC dba Feathered Forest Hunt Club

Liability Waiver, Release & Indemnity Agreement

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Please read carefully before signing. This is a release of liability and waiver of certain legal rights.

 

The undersigned does hereby contract with EQuip Services, LLC dba Feathered Forest Hunt Club (“Feathered Forest”) for day hunting privileges and other outdoor recreational activity on premises and property owned, leased and/or operated by Feathered Forest. In consideration for my being permitted to participate in these activities I agree to the following waiver and release:

I acknowledge my participation has inherent risks, hazards, and dangers for anyone, that cannot be eliminated, particularly in a wilderness environment.  PARTICIPANT UNDERSTANDS THAT THIS AGREEMENT RELEASES EQUIP SERVICES, LLC DBA FEATHERED FOREST HUNT CLUB FROM LIABILITY FOR ITS OWN NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW. I UNDERSTAND THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

Activities include but not limited to bird hunting with firearms, recreational shooting, riding in other forms of motorized transportation and walking in unimproved rural areas of the property, uneven terrain, holes, ditches, fences, snakes, insects, ticks, heat, dehydration, weather, falling, vehicles, UTVs, tractors, trailers, livestock, wildlife, dogs, or accidental discharge. In consideration for the sums paid and other adequate consideration, Hunter and Observer hereby agrees to release, indemnify and fully discharge Feathered Forest, its owners, shareholders, members, partners, operators, lessors, co-lessors, officers, directors, agents, employees, independent contractors, trustees, assigns and insurers (“Indemnified Party”) from any and all claims or demands of any kind, both in law and equity, whether for personal injury, property damage or contract, arising directly or indirectly, by, through and under any and all activities pursuant to this agreement. 

I understand the risks, hazards, and dangers of hunting. I understand these activities may require good physical conditioning and a degree of skill and knowledge. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I am voluntarily using the services at Feathered Forest with full knowledge of the inherent risks, hazards, dangers involved and hereby assume and accept any and all risks of injury, paralysis, or death. Participant authorizes Feathered Forest to obtain emergency medical treatment if Participant is unable to consent and agrees to be responsible for all resulting costs. Participant agrees to follow all firearm safety rules, keep firearms pointed in a safe direction, treat every firearm as loaded, and immediately comply with instructions from guides or Feathered Forest personnel. Participant acknowledges that the use of alcohol, marijuana, illegal drugs, or impairing prescription medications before or during hunting activities is strictly prohibited. Participant agrees not to hunt, handle firearms, operate vehicles or equipment, or participate in any hunting-related activity while under the influence. Participant further acknowledges that Feathered Forest Hunt Club does not supervise, monitor, or assume responsibility for alcohol consumed by participants or their guests. Participant assumes all risks arising from Participant's own use of alcohol or impairing substances and understands that Feathered Forest may remove any person believed to be impaired. Participant acknowledges that any alcoholic beverages consumed on the property are consumed solely at Participant's own discretion and responsibility, whether brought by Participant or another member of the party, and not in reliance upon Feathered Forest Hunt Club for supervision or service.

Lastly, I, for myself, my heirs, successors, executors, and subrogates, hereby knowingly and intentionally waive and release, indemnify and hold harmless Feathered Forest, their directors, officers, agents, independent contractors, employees, volunteers from and against any and all claims actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, negligence of any kind of nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services animals, equipment, whether such damage, loss, injury, paralysis, or death results from negligence of myself or others or from some other cause. I, for myself, my heirs, my successors, executors, and subrogates, further agree not to sue Feathered Forest as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities at Feathered Forest.

Participant agrees to immediately obey all instructions given by guides and Feathered Forest personnel. Failure to follow instructions may result in immediate termination of the hunt without refund. Participant acknowledges that dogs will be used as part of the hunting activity and does hereby agree to indemnify Feathered Forest for any and all costs of veterinary care and/or cost of replacement for the injury or death of any dog where such injury or death occur. In the event of injury or death of an animal (dog) occurs, hunter or observer will pay $1,500 to Feathered Forest Hunt Club.

Participant grants Feathered Forest permission to use photographs and video taken during the hunt for advertising, social media, and promotional purposes without compensation.

I, Participant, do hereby agree that I, my guests, members of my party, family or minor under the age of eighteen who accompany me, will abide by the rules and regulations of Feathered Forest. I do further agree and acknowledge that I, my guests, members of my party, family or minors under the age of eighteen who accompany me may be requested to leave the property for any infraction of such rules and regulations. If the named hunter is a minor under the age of eighteen, the signature of a parent/guardian is necessary here.

This Agreement shall be governed by the laws of the State of Texas. Venue for any dispute shall lie exclusively in Walker County, Texas. If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force. This Agreement constitutes the entire agreement regarding the subject matter and supersedes all prior understandings.

I have carefully read, clearly understand, and voluntarily sign this waiver and release agreement. This waiver applies to all hunting and related activities conducted on premises or property on the date signed and thereafter unless revoked in writing.

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By typing my name below, I understand and agree that this form of electronic signature has the same legal force and affect as a manual signature. If the named hunter is a minor under the age of eighteen, the eSignature of a parent or guardian is necessary here: