IN CONSIDERATION of Jack R. Gamble, Jr., L.L.C. (“Company”) allowing me to use the Companies land for recreational activities, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release (the “Agreement”):
- I hereby represent that (i) I am in good health and in proper physical condition to engage in activities on the Company’s property; and (ii) I will not bring or allow alcohol or any illicit or prescription drugs to be brought onto the Company’s property; and (iii) I will at all times follow all laws of the State of Louisiana, while on the Company’s property.
- I understand and acknowledge that certain recreational activities are inherently dangerous activity. I understand that these activities may involve risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; water, road and surface hazards; equipment failure; other situations beyond the control of the Company; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any activities on the Company’s property.
- I will wear Hunter’s orange while on the Company’s property during hunting season.
- I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the Company, its officers, directors, partners, shareholders, members, managers, agents, employees and volunteers (the “Released Parties”),with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in any activities on the Company’s property, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
- I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- I also understand that this Waiver shall not expire unless specifically terminated by me in writing to Company.