A. Stillwaters Ranch is a ranch in Llano County, Texas containing approximately 3,000 acres and owned by the following parties: William F. Leverett, Jr.; Clayton T. Leverett; Stribling, Ltd., a Texas limited partnership managed and controlled by its General Partner, GP Land & Cattle, LLC., a Texas limited liability company; and William F. Leverett, Jr. and Clayton T. Leverett in their capacities as Independent Co- Administrators of the Estate of William F. Leverett, Sr., Deceased. For ease of reference, the owners of Stillwaters Ranch and their agents and representatives are collectively referred to in this release as the “OWNERS” and Stillwaters Ranch is referred to as the “RANCH.” “Agents and Representatives” includes Jack H. Brinks, Constance Hilburn, and their designates, such as Trail Leaders, Guides and/or “Spotters”.
B. The OWNERS have been asked to allow “off-roading,” “four wheeling,” “wheeling” and “rock crawling” activities to occur on the RANCH in four wheel drive vehicles. Associated activities include driving, riding, hiking, spectating and trail making.
C. GUEST (in reference to all signing this waiver) recognizes and understands that off-roading activities can be extremely dangerous and can cause significant injuries to people or damage to property. Potential risks include vehicle roll-overs, snapped winch cables, broken parts, flying objects, rock slides, submersion in water, snake bites, spider/insect bites, falls, and burns. Despite these risks, GUEST desires to participate in off-roading activities on the RANCH.
D. OWNERS are willing to allow GUEST to participate in off-roading activities on the RANCH only if GUEST acknowledges the risks inherent in off-roading, agrees to conduct himself/herself in a safe, responsible and reasonable manner while on the RANCH and agrees to release OWNERS, and their agents or representatives from any and all claims that may arise during any activities on the RANCH.
In consideration of OWNERS permitting GUEST to participate in off-roading and related activities on the RANCH, GUEST agrees to the following agreements and conditions:
1. GUEST agrees to act in a reasonable, safe and courteous manner while on the RANCH. GUEST agrees and acknowledges that he/she will immediately leave the RANCH if his/her actions are unsafe, rude or obnoxious and if he/she is asked to leave the RANCH by OWNERS or their agents or representatives.
2. GUEST voluntarily RELEASES AND DISCHARGES OWNERS, anyone associated with OWNERS (specifically including OWNERS’ employees, operators, contractors, agents, representatives, volunteers, heirs, executors, administrators, successors and assigns), from any and all personal injury or property damage sustained by GUEST while on the RANCH. All of the released parties listed above are sometimes collectively referred to in the release as the RELEASED PARTIES.
3. GUEST assumes full responsibility for any risk of injury, damage or accidents that may occur on the RANCH, and GUEST WAIVES any claims, demands or causes of action that GUEST may have or acquire against the RELEASED PARTIES as a result of any activities on the RANCH, EVEN IF SUCH CLAIMS ARE BASED ON THE NEGLIGENCE OF THE RELEASED PARTIES.
4. GUEST agrees not to sue the RELEASED PARTIES for any claim arising out of any activity on the RANCH. GUEST agrees that this release is intended to be as broad and inclusive as is permitted by the laws of the State of Texas, and if any portion of this release is held to be invalid, the balance of the release will continue in full force and effect. This release is effective each time that GUEST enters the RANCH after signing this release.
5. This release will be construed according to the laws of the State of Texas, and venue for legal action to interpret or enforce this release will be in Llano County, Texas.
6. This release states the full and final agreement between OWNERS, GUEST and the RELEASED PARTIES, and this release may not be modified or altered by any verbal or implied agreements.
BASIC RULES: Failure to comply with these Basic Rules will result in immediate removal from the RANCH.
Please Respect the Property: The RANCH OWNERS have been generous in allowing you to be a guest and wheel on their property. Please do not do anything that will jeopardize our access to the RANCH.
DOGS or PETS: No Dogs or Pets are allowed on the RANCH.
SEAT BELTS: Seat Belts MUST be worn by all occupants at all times on the RANCH.
Respect Other’s Belongings & Property: Please respect HUNTER’S equipment, camps, Blinds & Feeders, and avoid them completely. If you come to a blind or feeder, go a different way or turn around!
No Latecomers: RANCH Gates will be closed once everyone hits the trail. No exceptions.
Leave All Gates as You Found Them: If you open a gate to access a trail, close it behind you, and/or make
sure the last GUEST in your Trail Group does.
No Unescorted Wheeling or Trail Riding on the RANCH: All GUESTS are expected to be part of a Trail Group that is guided by a representative of the RANCH or SWR Offroad at all times.
No Night Wheeling: All GUESTS must be off of the RANCH by 6 PM (2 PM on Sunday).
No Alcohol on the Trails: This is a ZERO TOLERANCE rule, and is reason for immediate expulsion from
Pick Up ALL Trash on the Trail: Please leave the RANCH cleaner than you found it. Bring a trash bag for the trail and appropriate clean up materials required for any trails repairs.
Be Mindful of Fire Dangers: Please be aware of current fire bans/conditions. Dispose of cigarettes properly (take butts out with you) and be careful of parking in tall grass, especially in the summer.
Stay on Designated Trails: Please “Tread Lightly” on the RANCH. Respect foliage & wildlife.
Be Mindful of Others: The RANCH promotes a family friendly atmosphere and is open to all makes and levels of OHV’s/4X4’s. Please respect other GUESTS, their vehicles, and their property.
AGREEMENT AND WARNING: I UNDERSTAND, UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE AND OTHER LOSS THAT MAY RESULT FROM THE AGRITOURISM ACTIVITIES.
I HAVE CAREFULLY READ THIS RELEASE, WAIVER AND RULES AND I FULLY UNDERSTAND THE CONTENTS. I AM AWARE THAT THIS A COMPLETE RELEASE OF LIABILITY AND WAIVER OF CLAIMS. I UNDERSTAND THAT I WOULD NOT BE ALLOWED TO PARTICIPATE IN ACTIVITIES ON THE RANCH IF I DO NOT AGREE TO THE TERMS OF THIS RELEASE. I HAVE SIGNED THIS RELEASE OF MY OWN FREE WILL AND AGREE TO ITS TERMS.
GUEST’S SIGNATURE: ____________________________ OWNERS’ SIGNATURE: _________________________________
If GUEST is under 18 years of age, a parent or guardian must sign this release as well.
Printed name of GUEST (child): ________________________________________
Parent’s signature: _______________________________ Printed name of parent: ___________________________________
STILLWATERS RANCH (aka: SWR Offroad)
RELEASE OF CLAIMS, WAIVER OF LIABILITY, and BASIC RULES