ALL HUNTERS ARE REQUIRED TO HAVE A TEXAS HUNTING LICENSE AND ALL STATE AND/OR FEDERAL STAMPS, SPECIAL LICENSES AND
PERMITS REQUIRED FOR THE GAME TO BE HUNTED BY GUEST ON THE PREMISES. GUEST IS RESPONSIBLE FOR PROCURING ALL SUCH
LICENSES, STAMPS AND PERMITS.
The individual named below (referred to as "I" or "me") desires to participate in certain recreational, hunting, and/or agritourism
activities on certain property(ies) under agreement with Guitar Outdoors LLC (“Lessee”) that are leased or licensed to Lessee by the
owner(s) of such property(ies) (collectively, “Lessor”) pursuant to certain leases and/or license agreements (collectively the “Lease”).
This Release of Liability, Indemnification, and Acknowledgement of Risks (the “Agreement”) governs the use of said property(ies) by
the individual named below. References to Lessee, Lessor, and the Lease shall include any license agreements between Lessee and
Lessor regardless of how those parties are named in the applicable agreement. Copies of each applicable Lease are available for review.
I hereby acknowledge that I am over eighteen years of age, am of sound mind, and am fully capable of executing this Agreement. I
hereby acknowledge that my eligibility to participate in recreational hunting and/or agritourism activities on the Premises is expressly
conditioned upon my representations and agreements in this Agreement.
I acknowledge and understand that no representation or warranty, whether expressed or implied, is made by Lessor or Lessee as to the
condition of the premises covered by the Lease, including, without limitation, any roads, buildings, gates, water features, blinds, and
other improvements on and features of the land, whether natural or manmade (together, the real property covered by the Lease and all
permanent improvements thereon are referred to as the “Premises”). I further acknowledge and understand that no warranty, whether
expressed or implied, is made by Lessor or Lessee as to the condition of any personal property used at or in relation to the Premises,
including, but not limited to, motor vehicles, hunting dogs, livestock, equipment, machinery, firearms, and shooting ranges (the
“Property”).
As used in this Agreement, the terms I, me, my, and the like include any minor children under the age of eighteen (18) who accompany me
on the Premises to whom I am a parent, guardian, legal custodian, whether or not the minor children participate in hunting or other
recreational activities while on the Premises (“Minor”). If any Minor(s) accompany me to the Premises, I have named them below and I
hereby agree to closely supervise the Minor(s) in my care at all times. I sign below for myself and, to the maximum extent allowed by
law, on behalf of the Minor(s) under my care and supervision who accompany(ies) me on the Premises and I agree to fully and solely
be responsible for the Minor(s). I SPECIFICALLY RELEASE AND INDEMNIFY THE RELEASED PARTIES (DEFINED
BELOW) REGARDING INJURY TO AND/OR DEATH OF THE MINOR(S) IN MY CARE. I understand that even if I do not
name a Minor below, this Agreement still applies and I am still responsible for any Minor(s) accompanying me to the Premises and/or
using the Property.
I hereby represent that I and, if applicable, any Minor(s) accompanying me, hold a valid Texas hunting license and valid permit or
endorsement for the game hunted on the Premises. I further represent that the Minor(s) and/or I have successfully completed a hunter
safety course if required to complete such course by federal or Texas law. I represent that the Minor(s) and I are familiar with Texas and
federal hunting laws applicable to hunting activities to be conducted on the Premises, and I hereby agree to follow and ensure that the
Minor(s) follow these laws at all times while on the Premises.
I acknowledge and understand that Lessor, Lessee, their shareholders, directors, members, managers, partners, officers, agents,
employees, contractors, guides and their successors and assigns (together, the “Released Parties”) have warned me that dangerous
conditions exist on the Premises, including but not limited to: poisonous and non-poisonous snakes, insects, and spiders; the condition
of the Premises; erosion and condition of the land, whether on or off roadways, trails, or senderos; dangerous driving or walking
conditions; animals both wild and domestic that may be diseased and/or potentially dangerous; deep or otherwise dangerous water and/or
flooding; the use of vehicles on or off roadways, trails, or senderos; persons with firearms both on or off the Premises; the use of vehicles,
first aide, emergency treatment or other services rendered, and consumption of food or drink; and dangerous conditions arising from
other natural or artificial conditions on the Premises whether or not said conditions are known or created by the Released Parties.
I understand that hunting, shooting, and other activities involving firearms, whether guided or not guided, are inherently dangerous
activities and entail known and unknown risks that could result in physical or emotional injuries, including death, to myself and other
persons, and/or damage to my property and other property. I understand that by entering the Premises and/or using the Property, whether
or not I am a member of the hunting party or using firearms myself, I am assuming the risk of injury or death as a result of the use of
firearms on or near the Premises.
I further understand that recreational activities on the Premises are inherently dangerous activities and entail known and unknown risks
that could result in physical or emotional injuries, including death, to myself and other persons, and/or damage to my property and other
property. By entering the Premises and/or using the Property, I am assuming the risk of injury or death as a result of my presence on the
Premises and/or my use of the Property.
I understand that by entering the Premises and/or using the Property, I am assuming the risk of injury or death as a result of my presence
and activities on or near the Premises and/or using the Property. I understand that the Released Parties, including any guides or other
parties at the Premises, may be unaware of my fitness or abilities, and they cannot judge or be responsible for weather, the elements, or
the terrain. My participation is voluntary and I understand and expressly assume all of the dangers, risks, and hazards associated with
my presence on the Premises and/or use of the Property.
I ACKNOWLEDGE AND UNDERSTAND THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR MY SAFETY AND THAT I AM
ASSUMING THE ENTIRE RESPONSIBILITY AND LIABILITY FOR ANY CLAIM OR ACTION BASED ON OR ARISING OUT INJURIES TO
PERSONS, INCLUDING DEATH, OR DAMAGE TO PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN SUSTAINED IN CONNECTION WITH
OR TO HAVE ARISEN OUT OF OR BEEN INCIDENTAL TO MY PRESENCE ON THE PREMISES OR MY USE OF THE PROPERTY, REGARDLESS
OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE, GROSS NEGLIGENCE
OR STRICT LIABILITY OF ANY OF THE RELEASED PARTIES. MY PRESENCE AND ACTIVITIES ON THE PREMISES AND MY USE OF THE
PROPERTY EXPOSE ME TO INJURY AND LOSS, INCLUDING BUT NOT LIMITED TO DEATH, DUE TO THE RISKS LISTED ABOVE AND OTHER
RISKS. I AM AWARE OF THE RISKS, CONDITIONS, AND HAZARDS GENERALLY ASSOCIATED WITH THE PREMISES AND THE ACTIVITIES
CONDUCTED ON THE PREMISES, AND I EXPRESSLY ASSUME ALL RISK OF INJURY OR OTHER LOSS SUFFERED BY ME, MY PROPERTY,
OR ANY MINOR CHILDREN IN MY CARE OR CUSTODY THAT OCCURS ON OR AS A RESULT OF MY PRESENCE ON THE PREMISES AND/OR
MY USE OF THE PROPERTY.
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IN CONSIDERATION FOR THE RIGHT TO ENTER THE PREMISES, I HEREBY RELEASE AND AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND DAMAGES,
INCLUDING ATTORNEY’S FEES, RESULTING FROM ANY INCIDENT, ACCIDENT, OR OCCURRENCE ARISING OUT OF, INCIDENTAL TO, OR
OTHERWISE RELATED TO MY PRESENCE ON THE PREMISES AND/OR USE OF THE PROPERTY (COLLECTIVELY, “LOSSES”) REGARDLESS OF
WHETHER THE LOSSES ARE DUE ENTIRELY OR IN PART TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY OF ANY OF THE
RELEASED PARTIES.
INCLUDING ATTORNEY’S FEES, RESULTING FROM ANY INCIDENT, ACCIDENT, OR OCCURRENCE ARISING OUT OF, INCIDENTAL TO, OR
OTHERWISE RELATED TO MY PRESENCE ON THE PREMISES AND/OR USE OF THE PROPERTY (COLLECTIVELY,
“LOSSES”) REGARDLESS
OF WHETHER THE LOSSES ARE DUE ENTIRELY OR IN PART TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY OF ANY
OF THE RELEASED PARTIES.
This release and indemnification applies at all times I am present on the Premises and/or using the Property and shall survive termination
or expiration of the Lease and/or any agreement I may have with Lessee or any of the Released Parties regarding my use of the Property
and presence on the Premises. I intend for my signature to be a complete and unconditional release of all liability to the greatest extent
allowed by law and to be a binding obligation to indemnify the Released Parties, and for this obligation to be binding on my heirs,
distributees, executors, administrators, representatives, successors, and assigns.
In the event photos, videos, or other images are made of me or any Minors in my care or custody while on the Premises and/or using
the Property, I consent to the use of such images in promoting hunting and recreational activities by any of the Released Parties.
This Agreement and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State
of Texas without regard to the conflict of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the
subject matter of this Release shall be in Taylor County, Texas.
As additional consideration for the right to participate in hunting and other recreational activities on the Premises, I covenant and agree
to deliver to Lessee, simultaneously with the execution of this Agreement, a signed Notice of Limited Liability for Agritourism, a copy
of which is attached hereto as Exhibit A and incorporated herein by reference and a signed copy of the Guitar Outdoors, LLC Guest
Agreement, a copy of which is attached hereto as Exhibit B and incorporated herein by reference.
I REPRESENT THAT I HAVE READ THIS AGREEMENT CAREFULLY AND THAT I FULLY UNDERSTAND ITS CONTENTS. I UNDERSTAND
THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND
A CONTRACT FOR INDEMNITY BETWEEN ME AND THE RELEASED PARTIES AND I HAVE SIGNED IT FREELY AND VOLUNTARILY,
WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE, IN CONSIDERATION OF MY RIGHT TO ENTER THE PREMISES.
EXHIBIT B
GUITAR OUTDOORS, LLC GUEST AGREEMENT
This GUITAR OUTDOORS, LLC GUEST AGREEMENT (the “Rules”) is executed in connection with that certain Release
of Liability, Indemnification, and Acknowledgement of Risks (the “Agreement”). I, the undersigned guest (“Guest”) acknowledge and
agree that the following Rules are a term and condition of my (including any minor accompanying Guest) permission to be on certain
property(ies) under agreement with Guitar Outdoors, LLC (“Lessee”) that are leased or licensed to Lessee and defined as the Premises
in the Agreement.
1. Hunter Safety. No firearms shall be discharged toward houses, improvements, around camps, and no animal is to be shot at across
a perimeter fence. Guest may not handle firearms or other weapons during or after consuming alcohol. Guest shall observe safety
precautions in the handling of firearms and permit no loaded firearms in camp or at any lodge, cabin, or residence on the Premises.
All open gates shall be left open, and all closed gates shall be left closed. A $500 fine will be charged to any guest violating this
Rule.
2. Insurance. Guest certifies that Guest has adequate insurance to cover any injury or damage Guest may suffer or cause while on
the Premises and agrees to bear the cost of such injury or damage. Guest further certifies that Guest has no medical or physical
condition which could interfere with Guest’s safety in the Lessee’s and Lessor’s activities on the Premises, and is willing to assume
and bear the cost of all risks that may be created directly or indirectly by such activities or any conditions on the Premises while
participating in such activities.
3. Property Damage. Guest is responsible for any personal property belonging to Guest that is brought onto the Premises, and Guest
agrees that Lessee has no responsibility or liability for any property damage, or theft of Guest’s personal property while on the
Premises. Guest shall not damage, deface, or destroy any personal property or improvements on the Premises. Guest shall be liable
for any and all damages to the Premises caused, in whole or in part, by Guest, whether or not the act or omission of Guest was
negligent or wrongful. Guest expressly agrees and promises to accept full responsibility for shooting or maiming of any of the
Lessee Parties’ dogs, whether accidental or intentional, arising out of or related to Guest’s, including any minor accompanying
Guest’s, presence on the Premises and/or use of the Property. Guest agrees to pay all vet bills incurred and/or pay a replacement
cost the minimum being the sum of $5,000.00 at Lessee’s discretion.
4. Motor Vehicles. Guest assumes the risk in operating or riding in any all-terrain or motorized vehicles. When being transported in
any ranch vehicle, all firearm chambers will be open and gun barrels shall be open and pointed toward the floor of the vehicle.
Guest may not operate all-terrain vehicles or any other motorized vehicles during or after consuming alcohol or any other substance
that impairs motor functions. Additionally, Guest may not operate any motorized vehicle or all-terrain vehicle unless Guest
possesses a valid driver’s license. Guest shall not drive any motor vehicles on the grass around lodge facilities, and shall only drive
motor vehicles on established roads while on the Premises.
5. Illegal Substances. Guest may not bring any substances on the Premises that are illegal under the laws of Texas or the United
States of America.
6. Improvements and Campsites. Guest shall be entitled to use or occupy the specified lodging quarters on the Premises. However,
Guest shall keep all improvements that Guest is allowed to utilize in good condition and take reasonable steps to prevent their
deterioration. Guest shall keep all lodging quarters and surrounding areas in a neat, clean condition, free from litter and debris. No
animals are permitted in lodging quarters on the Premises. Campfires are not permitted except with the express written consent of
Lessee. If such consent is obtained, campfires shall be limited to a specific area on the Premises and subject to any applicable burn
ban. Smoking is prohibited in cabins and lodging on the Premises. A $500 fine will be charged to any guest violating this Rule.
7. Refuse and Disposal. Guest shall not litter on the Premises, and shall promptly pick up all spent shotgun shells, rifle casings, and
all other remnants from firearm discharges. Absolutely no dumping or discarding of trash or other refuse shall be permitted on the
Premises. All refuse shall be removed and disposed of off the Premises in a lawful manner. Guest shall not bring any toxic or
hazardous substances on the Premises. Guest shall contain and remove all garbage or trash from all hunting blinds or other locations
established by Lessee and campsites upon each departure from the Premises. Guest shall identify and maintain proper sanitary
precautions on the Premises, cooperate in the prevention of brush, grass or other fires, and commit no breach of the peace while on
or near the Premises.
8. Guests and Accompanied Minors. OTHER THAN THE INDIVIDUALS NAMED IN THE AGREEMENT, AND PARTIES
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WHO HAVE OTHERWISE BEEN APPROVED IN WRITING BY LESSEE, NO ADDITIONAL PERSONS ARE
ALLOWED ON THE PREMISES. Any persons on the Premises shall be given a copy of the Agreement and must prior to
his or her first entry onto the Premises, sign and deliver to Lessee a completed and signed copy of the Agreement, the Notice
of Limited Liability for Agritourism Activities and these Rules.
No unaccompanied minors shall be permitted on the Premises at any time. Any minor Guest under eighteen (18) years old must be
accompanied by an adult guardian and must have an adult guardian complete and sign a copy of the Agreement, the Notice of
Limited Liability for Agritourism Activities, and these Rules on their behalf before entering the Premises. Failure of Guest to deliver
to Lessee a signed Agreement, the Notice of Limited Liability for Agritourism Activities, and these Rules for Guest and/or any
minor accompanying Guest shall constitute a breach hereunder and Lessee may terminate the Guest’s permission to be on the
Premises and right to participate in any hunting or other recreational activities on the Premises without providing Guest with any
refund.
9. Hunting Game. Guest is forbidden to kill any species of animal or bird other than what is specified for Guest’s hunt. Guest agrees
to only shoot mature animals/game which Lessee’s guide and/or agent of Lessee, indicates are appropriate for the hunt. If Guest
harvests any animal shot, Guest agrees that he or she is satisfied with the animal and the price for harvesting the animal. If Guest
wounds an animal to the extent that blood is drawn, Guest agrees that the hunt is complete and fees will be applied for the hunt of
that animal even if the wounded animal is not recovered. Blood is drawn if any blood or tissue is found on the ground or vegetation
near the location where the animal was shot. The guide and or agent of Lessee will make the best effort possible to recover any
wounded animal. If a tracking dog is available and used, Guest agrees that an additional fee will be charged.
10. Use of Freezers and Coolers. Guest agrees and acknowledges that Lessee is not responsible for any theft, damage, or loss of wild
game or other property stored in Lessee’s freezers or coolers. Additionally, Guest expressly assumes all risks associated with storing
or consuming meat. Guest acknowledges and agrees that Lessee makes no representation or warranty regarding the fitness of any
game or meat for human consumption and is not liable for any injuries or damages resulting from storage or consumption of meat
on or from the Premises.
11. Payment. Payment of agreed amount for the hunting activities and/or other recreational activities participated in while on the
Premises shall be made by cash, check, or money order. A deposit may be required at booking and the balance due at the end of
Guest’s stay at the Premises. No refund will be provided to any Guest whose hunt, recreational activities, and/or stay on the Premises
is cancelled due to a violation of the Rules.
12. Taxidermy. Guest agrees and acknowledges that Lessee is not responsible for the quality or functionality of any taxidermy services
provided to Guest in regard to game hunted on the Premises. If Guest requests Lessee to assist Guest by delivering game to a
taxidermist, Lessee merely offers transportation of game to the taxidermist and is not responsible for any flaws in the taxidermist’s
services, the resulting mounts, or other damages to the physical appearance of the game arising after Guest shoots the game.
