Holmstead Ranch Resort

ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT NOT TO HOLD HOLMSTEAD RANCH RESORT, LLC LIABLE FOR NEGLIGENCE 

I, in consideration for being granted entrance onto and use of  Holmstead Ranch Resort and the surrounding property (the “Property”), the sufficiency of which is hereby  acknowledged, agree to release, indemnify, hold harmless and forever discharge Holmstead Ranch Resort, LLC, and  its agents, employees, officers, directors, independent contractors, volunteers, and affiliates (collectively referred to  as “Holmstead Ranch” or “released party”) of and from any and all claims, demands, causes of action, lawsuits,  damages, and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or  may have, arising from my entrance upon, and use of, Holmstead Ranch and any and all devices therein. I hereby make such release of Holmstead Ranch and waive any claim against it whether caused by the negligence of  Holmstead Ranch or otherwise.  

I understand that the activities that I may participate in while visiting the Property have inherent dangers and may  cause serious injury, including bodily injury, damage to personal property, and/or death. I acknowledge that  these dangers may arise from the presence and use of farming machinery, all-terrain vehicles, open water, shallow  water with low visibility, firearms, undeveloped and hazardous terrain, farm animals, playground equipment, wild animals and reptiles, unfinished construction, and many other sources found on the Property not listed herein.  I understand the inherent dangers within the Property and I am not relying on Holmstead Ranch to list within this  document, or to tell me in-person or through posted signage, all possible risks of participating in any activity therein. I understand that Holmstead Ranch does not warrant or guarantee the proper functioning of any of the equipment or  vehicles on its premises. I understand that Holmstead Ranch does not warrant or guarantee an environment that is  free from hazards. I understand, on behalf of myself, my heirs, assigns and next of kin, that I waive all claims for  damages, injuries, or death sustained to me or my property that I may have against the aforementioned released party  to such activity whether caused by the negligence of the released party or otherwise. I agree that I am solely responsible for the actions and care of any minors accompanying me in any way and agree to indemnify Holmstead Ranch for any  injuries or losses suffered by any such minors while on the Property. 

By this waiver, I assume any risk associated with participating in group activities and lodging in a group setting.  I agree to hold Holmstead Ranch harmless for any injury I sustain that is caused by another participant at the Property.  I waive any claim against Holmstead Ranch for any damages or injuries resulting from an intentional act effectuated  by any individual that is not considered a released party. I agree that Holmstead Ranch is not responsible for my safety  or for the safety of any minor accompanying me. 

I understand that the Property is located in a high-risk fire zone, and that I am not authorized to start or maintain any  fires on the Property without explicit authorization from Holmstead Ranch Resort management. In the event I receive  authorization to start or maintain a fire on the Property, I agree that I will do so only within designated fire pits, that I will not leave any fire unattended, and that any fire will be completely extinguished with water after use. I understand  that I may be held personally liable for any fire I start or maintain that spreads and causes personal injuries or property  damage, including to persons or property outside of the Property, and I agree to indemnify and hold Holmstead Ranch  harmless for any such damages I cause from fires.