THE UNDERSIGNED VISITOR(S) HEREBY CONVEYS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND ITSELF AND ANY AND ALL ITS ACCOMPANYING INVITEES INCLUDING MINORS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
VISITOR(S) ACKNOWLEDGES AND AGREES THAT VISITOR(S) AND ITS INVITEES ARE VISITING THE PROPERTY FOR THEIR CONVENIENCE AND/ OR BENEFIT, AND AT THEIR SOLE RISK. VISITOR(S) IS REQUIRED TO ACCOMPANY AND SUPERVISE MINORS AND OTHER INVITEES AT ALL TIMES WHILE ON THE PROPERTY.
GUEST(S) UNDERSTANDS AND ACKNOWLEDGES THE FOLLOWING DISCLAIMERS:
THE PROPERTY BORDERS THE NUECES RIVER WHICH CONSISTS OF BOTH SHALLOW AND DEEP WATER. THE RIVER MAY HAVE FAST-MOVING WATERS AND FLASH FLOODS WITHOUT NOTICE. SWIMMING, OR WADING IS PERMITTED ONLY 30 MINUTES AFTER SUNRISE AND UP TO 30 MINUTES BEFORE SUNSET. LANDOWNER WARNS VISITOR(S) THAT THERE ARE NO LIFEGUARDS ON DUTY AT ANY TIME. UNDER NO CIRCUMSTANCE IS SWIMMING OR WADING PERMITTED IN THE RIVER AT NIGHT.
THERE ARE NO HOSPITALS, CLINICS, OR EMERGENCY MEDICAL SERVICES ON OR NEAR THE PROPERTY. VISITOR(S) SHOULD RESEARCH AND PLAN FOR POTENTIAL MEDICAL NEEDS AND EMERGENCY SERVICES, INCLUDING EMERGENCY MEDICAL TRANSPORT SERVICES AVAILABLE TO THEIR HOME AREAS, PRIOR TO ARRIVING ON THE PROPERTY. IN THE EVENT OF AN EMERGENCY, VISITOR(S) SHOULD CALL 911 IMMEDIATELY.
THERE ARE POTENTIALLY HAZARDOUS AND DANGEROUS CONDITIONS ON THE PROPERTY FROM WILDLIFE INCLUDING INSECTS (WASPS, AFRICANIZED HONEYBEES, HORNETS, FIRE ANTS), ARACHNIDS (SPIDERS) SCORPIONS, , CENTIPEDES, MILLIPEDES, MITES, TICKS, BIRDS, FISH, SNAKES, FERAL AND DOMESTIC DOGS, CATS, PIGS, GOATS, SHEEP, DEER, ANTELOPE, ELK, SKUNKS, RACCOONS, BEARS, BADGERS, SQUIRRELS, PORCUPINES, COYOTES, MOUNTAIN LIONS, BOBCATS AND OTHER WILDLIFE. ADDITIONALLY, THERE ARE ACTIVE BEEHIVES ON THE PROPERTY.
CONSUMPTION OF ALCOHOLIC BEVERAGES IS PERMITTED ON THE PROPERTY FOR THOSE OF LEGAL DRINKING AGE, HOWEVER, ABSOLUTELY NO ILLEGAL OR CONTROLLED SUBSTANCES MAY BE BROUGHT ON TO THE PROPERTY BY VISITOR(S) OR THEIR INVITEES. LANDOWNER CANNOT REASONABLY CONTROL THE CONDUCT OF ALL VISITOR(S) AT ALL TIMES, NOR WHAT IS BROUGHT ONTO THE PROPERTY WITHOUT AUTHORIZATION. THEREFORE, LANDOWNER WARNS VISITOR(S) THAT SUCH ILLEGAL OR CONTROLLED SUBSTANCES MAY BE PRESENT WITHOUT CONSENT FROM TIME TO TIME ON THE PROPERTY. IF VISITOR(S) IS AWARE OF ANY ILLEGAL ACTIVITIES ON THE PROPERTY, THEY SHOULD CALL LOCAL LAW ENFORCEMENT OR 911 AS SOON AS POSSIBLE.
LIFE-THREATENING ALLERGIES TO INSECT BITS, VEGETATION OR PATHOGENS OCCURRING IN NATURE ARE PRESENT ON THE PROPERTY. VISITOR(S) AND THEIR INVITEES WITH ALLERGIES SHOULD STRONGLY CONSIDER NOT VISITING THE PROPERTY OR BE PREPARED TO HAVE THE APPROPRIATE MEDICATIONS OR TREATMENT WITH THEM AT ALL TIMES.
LANDOWNER MAKES NO WARRANTY TO SAFE CONDITIONS ON THE PROPERTY NOR TO SAFETY OR COMPLIANCE TO ANY BUILDING CODE OR OTHER SAFETY STANDARDS OF CABINS, STRUCTURES, UTILITIES EQUIPMENT, VEHICLES, TOOLS, MATERIALS, APPLIANCES OR OTHER MECHANICAL OR ELECTRICAL DEVICES.
VISITOR(S) FREELY AND WILLINGLY AGREES TO THE FOLLOWING CONDITIONS:
NOT TO CARRY OR USE FIREARMS (WEAPONS), HUNT, FISH, KAYAK, CANOE, SWIM, BRING PETS, DRIVE OFF DESIGNATED ROADS, USE ATVS, UTVS, DIRT BIKES, OR NON-STREET LEGAL VEHICLES OFF ROADS, WITHOUT PRIOR WRITTEN CONSENT OF LANDOWNER. IF CONSENT IS GRANTED, VISITOR(S) AGREES THAT HE OR SHE WILL BE SOLELY AND EXCLUSIVELY LIABLE FOR ANY DAMAGE OR INJURIES TO SELF, OTHER PERSONS AND PROPERTY RESULTING FROM SUCH CONSENT.
TO PAY FOR ANY AND ALL DAMAGE DONE TO PROPERTY INCLUDING STRUCTURES AND EQUIPMENT, AND TO REIMBURSE LANDOWNER FOR OR REPLACEMENT, REPAIR OR RECOVERY OF ANY DAMAGED PROPERTY, VISITOR(S) AUTHORIZES LANDOWNER TO CHARGE TO VISITOR(S) CREDIT CARD OR OTHER ACCOUNTS ON FILE THE REASONABLE, ESTIMATED COST OF SUCH REPLACEMENT, REPAIR, OR RECOVERY.
NOTWITHSTANDING GROSS NEGLIGENCE UNDER CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE, TO DISCLOSE ALL KNOWN OR UNKNOWN POTENTIAL HAZARDS. TO INDIVIDUALLY AND COLLECTIVELY WAIVE AND FORGO ALL APPLICABLE LEGAL RIGHTS AND REMEDIES AVAILABLE TO VISITOR(S), INVITEES, FAMILY, HEIRS, SUCCESSORS AND ASSIGNEES TO SUE LANDOWNER OR AFFILIATES, AND SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS LANDOWNER FROM AND AGAINST ALL THIRD PARTY CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR GROSS NEGLIGENCE OF LANDOWNER, ARISING IN CONNECTION HEREWITH OR, ON ACCOUNT OF (A) BODILY INJURY, (B) DEATH, OR (C) DAMAGE TO PROPERTY, (D) EMOTIONAL AND OR PSYCHIATRIC INJURY, AND (E) ANY OTHER CLAIM AGAINST LANDOWNER.
IN NO EVENT SHALL LANDOWNER, ITS AFFILIATES OR EACH OF THEIR PARTNERS, PRINCIPALS, AGENTS, SERVANTS, PERSONNEL, OFFICERS AND DIRECTORS BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE OR EXPENSE RELATING TO THIS AGREEMENT, NOR SHALL LANDOWNER BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST VISITOR(S) BY ANY THIRD PARTY, REGARDLESS OF WHETHER EITHER PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. VISITOR(S) HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE) RELATING TO THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO THE FULLEST EXTENT OF THE LAW, WHETHER IN CONTRACT, STATUTE, TORT (SUCH AS NEGLIGENCE), OR OTHERWISE. THE VISITOR(S) ACKNOWLEDGES AND AGREES, REGARDLESS OF THE PLACE THIS AGREEMENT HAS BEEN ACCEPTED AND MADE PERFORMABLE, THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICT OF LAWS. VISITOR(S) AGREES THAT EXCLUSIVE VENUE FOR RESOLUTION OF ANY DISPUTE BETWEEN THE PARTIES RELATED TO THE SUBJECT MATTER HEREOF SHALL BE IN SAN ANTONIO, BEXAR COUNTY, TEXAS OR AS OTHERWISE SPECIFIED BY LANDOWNER AT ITS SOLE DISCRETION.
BY SIGNING BELOW, VISITOR(S) ACKNOWLEDGES THAT VISITOR(S) HAS READ, UNDERSTOOD, AND WILLINGLY AGREES TO THE TERMS AND CONDITIONS OF THE PROPERTY RULES & REGULATIONS AND THIS AGREEMENT, EFFECTIVE AS OF THE DATE SIGNED AND THAT THIS AGREEMENT SHALL CONTINUE IN EFFECT AT ALL TIMES, ON ANY DATES, VISITING OR OTHERWISE ACCESSING THE PROPERTY THEREAFTER. VISITOR(S) FURTHER AGREES THAT NO ORAL STATEMENTS, REPRESENTATIONS, OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE TO OBTAIN VISITOR(S) CONSENT.
NOT WITHSTANDING TERMS AND CONDITIONS HEREIN, SHOULD GUEST BE SUCCESSFUL IN LEGAL ACTIONS AGAINST THE LANDOWNER,
GUEST AGREES REGARDLESS OF CLAIMS, TO LIMIT THE AMOUNT OF TOTAL DAMAGES SOUGHT IN SUCH ACTIONS INCLUSIVE OF ITS INVITEES, TO BE $5,000.00.
