RELEASE, WAIVER, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT

MILLER RANCH – 1200 TEXAS LONGHORN TRAIL, DRIPPING SPRINGS, HAYS COUNTY, TEXAS

This Release, Waiver, Indemnity, and Assumption of Risk Agreement (“Agreement”) is entered into by the undersigned individual (“User”) in consideration for Richard Miller and Cheryl Miller (collectively, “Miller”) permitting User to enter upon and use the approximately 100-acre property located at 1200 Texas Longhorn Trail, Dripping Springs, Hays County, Texas, together with all improvements, roads, trails, structures, bodies of water, equipment, and other areas located thereon (collectively, the “Premises”).

For purposes of this Agreement, “Released Parties” means Richard Miller and Cheryl Miller and their respective family members, heirs, representatives, employees, and agents acting on their behalf.

1. ASSUMPTION OF RISK

User understands and acknowledges that entering upon and using a rural ranch involves numerous known and unknown risks, some of which may cause serious bodily injury, permanent disability, property damage, or death.

Such risks include, without limitation: uneven, rough, slippery, unstable, or unimproved terrain; holes, rocks, cliffs, drop-offs, fences, gates, trees and falling limbs; streams, ponds, pools, flooded areas, deep water, currents, drowning hazards, and rapidly changing water conditions; extreme weather, heat, cold, lightning, fire, and other natural conditions; snakes, insects, wild animals, livestock, domestic animals, diseased or poisonous animals; hunting stands, blinds, feeders, tools, machinery, equipment, abandoned or concealed objects; and the acts or omissions of other persons on or near the Premises.

User further understands that activities conducted on the Premises may include hunting, target shooting, handling or discharging firearms, archery, fishing, swimming, hiking, walking, exploring, camping, climbing, operating or riding in motor vehicles, Jeeps, trucks, ATVs, UTVs, motorcycles, carts, off-road vehicles and similar vehicles, and other recreational or outdoor activities.

USER SPECIFICALLY ACKNOWLEDGES THAT FIREARMS, ARCHERY, HUNTING, WATER ACTIVITIES, OFF-ROAD VEHICLES, AND OTHER ACTIVITIES ON THE PREMISES ARE INHERENTLY DANGEROUS AND MAY RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, OR DEATH.

User voluntarily chooses to enter and use the Premises with knowledge of these risks and KNOWINGLY AND VOLUNTARILY ASSUMES ALL KNOWN AND UNKNOWN RISKS OF ENTRY UPON AND USE OF THE PREMISES, including risks arising from the condition of the Premises and the ordinary negligence of any Released Party.

User understands that emergency medical care may not be immediately available and assumes the risks associated with delayed access to emergency medical services.

2. RELEASE AND WAIVER OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, USER KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, AND FOREVER DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING FROM OR RELATING TO USER’S ENTRY UPON OR USE OF THE PREMISES, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS CAUSED OR ALLEGED TO HAVE BEEN CAUSED, IN WHOLE OR IN PART, BY THE SOLE, JOINT, OR CONCURRENT ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING NEGLIGENT ACTS OR OMISSIONS AND NEGLIGENT CONDITIONS OF THE PREMISES.

This release applies whether the injury, death, loss, or damage occurs during hunting, shooting, archery, swimming, fishing, driving, riding, walking, exploring, camping, recreational activities, or any other permitted activity on the Premises.

This Agreement does not purport to release liability that cannot lawfully be released under Texas law.

3. INDEMNITY AND DUTY TO DEFEND

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS, AND REASONABLE ATTORNEY’S FEES ARISING FROM OR RELATING TO THE ACTS OR OMISSIONS OF USER OR ANY PERSON WHOM USER INVITES, BRINGS, OR PERMITS TO ENTER THE PREMISES.

This obligation includes claims involving personal injury, death, property damage, violations of law, or damage to the Premises.

THE FOREGOING INDEMNITY AND DEFENSE OBLIGATION EXPRESSLY APPLIES EVEN WHEN A CLAIM IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN PART BY THE CONCURRENT ORDINARY NEGLIGENCE OF A RELEASED PARTY, PROVIDED THAT USER SHALL NOT BE REQUIRED TO INDEMNIFY A RELEASED PARTY FOR THAT RELEASED PARTY’S SOLE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT.

The obligations contained in this section survive User’s departure from the Premises and termination of User’s permission to use the Premises.

4. USER’S RESPONSIBILITY FOR GUESTS AND MINORS

User shall not permit another person to enter or use the Premises through User’s permission unless Miller has authorized that person’s presence.

Each adult entering the Premises may be required by Miller to execute a separate release and assumption-of-risk agreement.

User is responsible for supervising any minor whom User brings onto the Premises and for ensuring that the minor complies with all safety requirements and restrictions imposed by Miller.

Nothing in this Agreement is intended to represent that User may waive or release a minor’s independent claims to any greater extent than permitted by Texas law.

5. COMPLIANCE WITH LAW AND SAFETY REQUIREMENTS

User shall comply with all federal, state, and local laws, regulations, and ordinances applicable to User’s activities on the Premises, including laws concerning hunting, fishing, firearms, motor vehicles, alcohol, controlled substances, fires, and wildlife.

User shall:

1. handle and discharge firearms and use archery equipment only in a lawful and reasonably safe manner;
2. hunt or take game only during lawful seasons and in compliance with applicable licensing, tagging, reporting, and other requirements;
3. operate vehicles in a reasonably safe manner and so as not to unnecessarily damage roads, trails, vegetation, fences, gates, or other improvements;
4. keep gates closed and locked when directed by Miller;
5. enter and exit the Premises only through locations authorized by Miller;
6. comply with reasonable safety instructions and restrictions communicated by Miller;
7. not intentionally damage livestock, wildlife, structures, equipment, fencing, vegetation, roads, or other property; and
8. promptly reimburse Miller for reasonable costs of repairing damage to the Premises caused by User or User’s guests beyond ordinary wear and tear.

Permission to enter the Premises may be revoked by Miller at any time.

6. ALCOHOL, DRUGS, FIREARMS, AND VEHICLES

User accepts sole responsibility for determining whether User is physically and mentally capable of safely participating in activities on the Premises.

User shall not operate a motor vehicle, ATV, UTV, motorcycle, firearm, archery equipment, machinery, or other potentially dangerous equipment while impaired by alcohol, drugs, medication, fatigue, or any other condition that materially impairs User’s ability to do so safely.

Nothing in this Agreement constitutes permission to engage in conduct prohibited by law.

7. STRUCTURES, EQUIPMENT, AND IMPROVEMENTS

User may not construct, install, place, materially alter, or attach any blind, tree stand, feeder, fort, structure, equipment, or improvement on the Premises without Miller’s prior permission.

Unless otherwise agreed in writing, any permanent improvement constructed or installed by User with Miller’s permission becomes part of the Premises without any lien, reimbursement, or ownership right in favor of User.

Portable personal property remains User’s property unless otherwise agreed in writing. Upon termination of User’s permission to use the Premises, User shall remove authorized portable property within the time reasonably specified by Miller. Property not timely removed may, after reasonable notice, be removed, stored, disposed of, or retained by Miller to the extent permitted by law.

Miller may remove or alter any unauthorized structure, equipment, or improvement.

8. NO REPRESENTATION REGARDING SAFETY

User acknowledges that Miller has made no representation or warranty that the Premises, any structure, vehicle, equipment, road, trail, body of water, hunting location, or activity is safe or free from hazards.

User accepts the Premises AS IS AND WITH ALL FAULTS, to the extent permitted by law, and accepts responsibility for evaluating conditions before engaging in any activity.

9. STATUTORY PROTECTIONS PRESERVED

This Agreement is intended to supplement, and not waive, limit, or replace, any immunity, limitation of liability, defense, statutory protection, or other right available to Miller under Texas law, including, when applicable, Chapter 75 of the Texas Civil Practice and Remedies Code (Recreational Use Statute) and any other applicable statutory or common-law protection.

Nothing in this Agreement shall be construed as an admission that any particular statute applies or does not apply to the Premises or any activity.

10. DURATION

Unless Miller agrees otherwise in writing, this Agreement applies to User’s entry upon and use of the Premises beginning on the date signed and continuing during all subsequent visits to the Premises until User’s permission to use the Premises is revoked or Miller provides written notice that a new agreement is required.

The release, indemnity, defense, and other provisions that by their nature apply following an incident or termination survive termination of this Agreement.

11. TEXAS LAW; VENUE

This Agreement shall be governed by and construed under the laws of the State of Texas.

To the extent permitted by law, exclusive venue for any lawsuit concerning this Agreement or User’s use of the Premises shall lie in Hays County, Texas.

12. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

13. ENTIRE AGREEMENT; NO RELIANCE

This Agreement constitutes the entire agreement between User and Miller concerning the subjects addressed herein and supersedes prior oral or written statements concerning those subjects.

User acknowledges that User is not relying upon any oral representation, promise, or assurance concerning the safety of the Premises or any activity conducted thereon.

Any modification or waiver of this Agreement must be in writing and signed by Miller.

IMPORTANT RELEASE AND INDEMNITY NOTICE

USER UNDERSTANDS THAT THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS USER’S LEGAL RIGHTS. USER HAS READ THIS AGREEMENT BEFORE SIGNING IT AND HAS HAD THE OPPORTUNITY TO ASK QUESTIONS REGARDING ITS TERMS.

USER SPECIFICALLY UNDERSTANDS AND AGREES THAT USER IS ASSUMING RISKS AND RELEASING CLAIMS THAT MAY ARISE FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR FROM A DANGEROUS OR DEFECTIVE CONDITION OF THE PREMISES.

USER FURTHER UNDERSTANDS THAT THIS AGREEMENT CONTAINS AN INDEMNITY AND DEFENSE OBLIGATION THAT MAY REQUIRE USER TO PAY CLAIMS, COSTS, AND ATTORNEY’S FEES ARISING FROM THE CONDUCT OF USER OR PERSONS USER BRINGS OR PERMITS ON THE PREMISES, INCLUDING CERTAIN CLAIMS INVOLVING THE CONCURRENT ORDINARY NEGLIGENCE OF A RELEASED PARTY.

USER KNOWINGLY AND VOLUNTARILY ACCEPTS THESE TERMS.