HEROES RANCH
PROPERTY LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE SIGNING
BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
This Property Liability Waiver, Assumption of Risk, and Release Agreement ("Agreement") is entered into by the undersigned visitor ("Participant") in consideration for being permitted to enter, visit, use, access, volunteer on, tour, attend events at, or otherwise be present on property owned, operated, leased, managed, or controlled by Heroes Ranch ("Property").
For purposes of this Agreement, "Released Parties" includes Heroes Ranch, Sheep Dog Impact Assistance, and all of their officers, directors, employees, volunteers, contractors, agents, affiliates, sponsors, donors, landowners, representatives, successors, and assigns.
This Agreement applies to all visits to the Property, whether for recreational, volunteer, social, fundraising, educational, therapeutic, ranch-related, or other purposes.
________________________________________
1. ACKNOWLEDGMENT OF PROPERTY RISKS
Participant understands and acknowledges that Heroes Ranch is a rural, outdoor, working ranch environment containing natural, agricultural, recreational, and operational hazards.
Participant understands that risks on the Property may include, but are not limited to:
- Uneven ground, holes, rocks, mud, gravel, slopes, loose terrain, low-clearance areas, and unpaved surfaces
- Slipping, tripping, falling, or collisions with structures, fences, gates, equipment, vehicles, or other persons
- Exposure to insects, wildlife, snakes, livestock, domesticated animals, vegetation, allergens, mold, dust, pollen, smoke, and environmental irritants
- Falling branches, trees, debris, tools, or natural objects
- Exposure to weather conditions including heat, cold, rain, storms, wind, sun exposure, dehydration, and other environmental conditions
- Ranch infrastructure including barns, fences, corrals, pens, ponds, trails, bridges, docks, utility areas, workshops, equipment storage areas, and recreational areas
- Vehicles, trailers, tractors, UTVs, ATVs, lawn equipment, machinery, and mechanical equipment operating on the Property
- Livestock or animals that may bite, kick, scratch, charge, trample, or otherwise behave unpredictably
- Water hazards including ponds, creeks, drainage areas, wet surfaces, and drowning risks
- Tools, machinery, maintenance equipment, construction areas, storm cleanup areas, or active work zones
- Limited lighting, limited cell service, delayed emergency response, or remote location conditions
- Participant understands that injuries may occur from known or unknown hazards and that not all hazards may be marked, repaired, guarded, supervised, or immediately visible.
WARNING: Under Missouri law, an equine activity sponsor or equine professional is not liable for injury to or death of a participant resulting from the inherent risks of equine activities.
________________________________________
2. ASSUMPTION OF RISK
Participant knowingly and voluntarily assumes all risks associated with entering or being present on the Property, including risks arising from:
- Natural land conditions
- Ranch operations
- Animal behavior
- Recreational or volunteer activities
- Conditions of buildings, trails, roads, docks, fences, or structures
- Equipment or vehicle operation
- Actions of other visitors or participants
- Ordinary negligence of the Released Parties
Participant accepts full personal responsibility for any injury, illness, loss, property damage, disability, emotional distress, or death that may occur while on the Property.
________________________________________
3. PARTICIPANT RESPONSIBILITIES
Participant agrees that they:
- Are physically and mentally capable of safely being present on the Property
- Are not under the influence of drugs, alcohol, or any impairing substance
- Will exercise reasonable care while on the Property
- Will follow all posted rules, verbal instructions, safety guidance, and restricted-area designations
- Will supervise any minors accompanying them
- Will avoid entering unsafe, restricted, or unauthorized areas
- Will immediately report unsafe conditions, injuries, or emergencies to staff or representatives
Participant understands that Heroes Ranch may remove any person from the Property for unsafe, disruptive, reckless, or unauthorized behavior.
________________________________________
4. RELEASE & WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO PARTICIPANT'S ENTRY ON, PRESENCE ON, OR USE OF THE PROPERTY, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
This release includes, but is not limited to, claims involving:
- Personal injury
- Property damage
- Illness or allergic reactions
- Emotional distress
- Medical expenses
- Disability or wrongful death
- Injuries caused by animals, land conditions, structures, equipment, or environmental hazards
Participant understands that this Agreement is intended to be as broad and inclusive as permitted by Missouri law.
________________________________________
5. MEDICAL AUTHORIZATION
Participant authorizes emergency medical treatment if deemed necessary while on the Property.
Participant understands and agrees that:
- Emergency services may not be immediately available
- Heroes Ranch does not provide medical or accident insurance
- Participant is solely responsible for all medical expenses incurred
Participant is encouraged to maintain personal health and liability insurance.
________________________________________
6. PHOTO & MEDIA RELEASE
Participant grants permission for Heroes Ranch and Sheep Dog Impact Assistance to use photographs, videos, audio recordings, or likenesses captured while on the Property for promotional, fundraising, educational, or social media purposes without compensation unless Participant opts out in writing.
________________________________________
7. INDEMNIFICATION
Participant agrees to indemnify and hold harmless the Released Parties from any claims, liabilities, damages, expenses, attorney fees, or actions arising from:
- Participant's conduct or negligence
- Damage caused by Participant to persons, animals, or property
- Participant's violation of rules or instructions
- Claims brought by third parties arising from Participant's actions while on the Property
________________________________________
8. GOVERNING LAW & SEVERABILITY
This Agreement shall be governed by and interpreted under the laws of the State of Missouri.
Any legal action arising from this Agreement shall be brought exclusively in a court of competent jurisdiction located in Missouri.
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
________________________________________
9. ACKNOWLEDGMENT OF UNDERSTANDING
By signing below, Participant acknowledges and agrees that:
- They have carefully read and fully understand this Agreement
- They understand they are waiving substantial legal rights
- They understand entry onto the Property is voluntary
- They sign this Agreement freely and without coercion
- They intend their signature to serve as a complete and unconditional release of liability to the fullest extent permitted by law