APRIL 2022
GUEST INDEMNIFICATION & RELEASE AGREEMENT
In consideration for the right to enter upon and utilize the property and amenities thereupon being known as Spread Oaks Ranch, being situated at County Road 403 (Tom LeTulle Road), Markham, Matagorda County Texas 77456 and being owned by Wylie Ventures, L.L.C. and operated by Spread Oaks Lodge, L.L.C. (hereafter the “Premises”), the undersigned Guest hereby expressly agrees to indemnify and hold harmless Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C., their owners, officers, managers, members, agents, employees, contractors, representatives, heirs, successors and assigns from and against any and all claims, demands, causes of action, injuries, damages and/or attorneys’ fees of any nature whatsoever as set forth herein or otherwise, including but arising or occurring, or may arise and occur, in any manner whatsoever out of the undersigned’s use of Spread Oaks Ranch. The undersigned further agrees that Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C., their owners, officers, managers, members, agents, employees, contractors, representatives, heirs, successors and assigns shall not be liable to the undersigned for any damages or personal injuries whatsoever suffered by the undersigned while on or upon Spread Oaks Ranch and the undersigned hereby waives and releases Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. their owners, officers, managers, members, agents, employees, contractors, representatives, heirs, successors and assigns from any and all claims whatsoever which the undersigned may have in relation to any such damages or personal injuries, whether addressed herein or not.
Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. WARNS the undersigned that there are POTENTIALLY HIDDEN DANGERS on Spread Oaks Ranch where the footing may be treacherous which could cause injury or death to the undersigned and/or his, her or its guests. Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. WARNS the undersigned that there are dangerous animals, including but not limited to alligators, wild hogs, snakes, various species of livestock, spiders and insects, which could cause injury or death to the undersigned and/or his, her or its guests. Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. WARNS the undersigned that the use of ATVs or similar vehicles, boats and being a passenger or hunting participant in a helicopter are inherently dangerous and could cause injury or death to the undersigned and/or his, her or its guests. Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. WARNS the undersigned that there are POTENTIALLY HIDDEN DANGERS, including but in no way limited to the Zika virus, Lyme Disease, West Nile Disease and/or any other mosquito or tick borne and/or transmitted virus, SARS virus, any coronavirus (including but not limited to COVID-19 as discussed below) and/or any other type of virus, be it known or unknown, which could cause injury or death to the undersigned and/or his, her or its guests. Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. WARNS the undersigned that there may also be LATENT DANGERS present on Spread Oaks Ranch that are unknown to Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C., and furthermore that the use of firearms, bow and arrows and knives, as well accessing, boating, hunting, fishing and generally recreating on or upon Spread Oaks Ranch, are inherently dangerous activities in and of themselves.
The undersigned understands the hazards of the novel coronavirus (“COVID-19”) and is familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. The undersigned acknowledges and understands that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and the undersigned accepts full responsibility for familiarizing himself/herself/itself with the most recent updates. Notwithstanding the risks associated with COVID-19, which the undersigned readily acknowledges, the undersigned willingly chooses to participate in activities at Spread Oaks Ranch. The undersigned acknowledges and fully assumes the risk of illness or death related to COVID-19 arising from the undersigned being on the Spread Oaks Ranch Premises and participating in activities thereupon and hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE (on behalf of himself/herself/itself, any of the undersigned guests and any minor children for whom the undersigned has the capacity contract) Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C., their owners, officers, managers, members, agents, employees and assigns from any liability whatsoever related to COVID-19, including Spread Oaks Ranch’s alleged inadvertent non-compliance with any CDC guidelines, which might occur as a result of the undersigned being on the Spread Oaks Ranch Premises and participating in activities thereupon.
The undersigned agrees that Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C., their owners, officers, managers, members, agents, employees, contractors, representatives, heirs, successors and assigns shall in no way be held liable or responsible for any injury or death arising under any circumstances whatsoever to the undersigned and/or his, her or its guests, no matter how occasioned including but in way limited to the sole, joint, comparative, contributory and/or concurrent negligence of Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C., their owners, officers, managers, members, agents, employees, contractors, representatives, heirs, successors and assigns, whether addressed herein or not. Likewise, the undersigned assumes the entire risk of any and all other dangers whether open and obvious, hidden or latent, whether or not the undersigned, and his, her or its guests understand and appreciate the nature of any such DANGERS, whether addressed herein or not.
The undersigned further agrees to ADVISE EACH GUEST which he, she or it brings onto Spread Oaks Ranch of the POSSIBILITY OF ANY SUCH DANGERS, whether addressed herein or not, which may be located in or upon Spread Oaks Ranch and to require them to each sign a GUEST INDEMNIFICATION & RELEASE AGREEMENT, the failure to do and any resulting claims, demands, causes of action, injuries, damages and/or attorneys’ fees of any nature whatsoever as set forth herein or otherwise shall be the sole liability, responsibility and obligation of the undersigned and NOT of Wylie Ventures, L.L.C. and Spread Oaks Lodge, L.L.C. their owners, officers, managers, members, agents, employees, contractors, representatives, heirs, successors and assigns.
The undersigned acknowledges and agrees that Wylie Ventures, L.L.C. and/or Spread Oaks Lodge, L.L.C cannot and does not loan out any firearms or weapons of any kind, including, but not limited to shotguns, rifles, pistols, bow and arrows, or crossbows for game hunting or recreational shooting activities. Therefore, if undersigned uses a firearm or weapon provided by Spread Oaks Ranch, they agree to a daily rental fee of $50.00. This rental fee sum will be included in the final bill paid at the end of the stay.
The undersigned acknowledges and agrees that any and all helicopter hog hunts are conducted by a third-party outfitter, not by Wylie Ventures, L.L.C. and/or Spread Oaks Lodge, L.L.C., and that all recourse shall be directed solely at such third-party outfitter and not at Wylie Ventures, L.L.C. and/or Spread Oaks Lodge, L.L.C.
