Premise Waiver

Release and Waiver of Liability - Assumption of Risk - and Indemnity Agreement

By accepting this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Waiver”) of LAKE LONGHORN ENTERPRISES, LLC, CLEAR CREEK GUN RANGE, LLC, and the ERNEST LEONARD RANDALL, IV TRUST U/W ELZABETH BLAYLOCK RANDALL (the “Trust”), you represent and warrant that you are either 18 years of age or older, or that you are the legal guardian of an individual who is below 18 years of age (“Minor Participant”) and may agree to this Waiver on such Minor Participant’s behalf.

In consideration for my and/or the Minor Participant’s use of the facilities and equipment and participation in activities at or on the premises of Lake Longhorn Enterprises, LLC, Clear Creek Gun Range, LLC, and/or the Trust, including without limitation the use of firearms, ammunition, gun ranges, firing ranges, skeet shooting ranges, fishing, swimming, and/or boating or other water activities and equipment (collectively, the “Facilities and Equipment”), I agree to the following terms and conditions on my own behalf and the Minor Participant’s behalf, as applicable:

1. I acknowledge, represent, and warrant that (a) I/Minor Participant have no physical limitations, conditions, or disabilities of any kind whatsoever that would inhibit use of the Facilities and Equipment and (b) I/Minor Participant are not under the influence of alcohol or any drugs. If taking prescribed medication, I acknowledge, represent, and warrant that I/Minor Participant have seen a physician and have that physician’s approval to use the Facilities and Equipment while under the influence of such medication.
2. I/Minor Participant agree to follow all rules, procedures, and instructions discussed with or provided by Lake Longhorn Enterprises, LLC, Clear Creek Gun Range, LLC, or the Trust and/or their owners, employees, agents, and representatives, including all such rules, procedures, and instructions about my safety and the safety of others.
3. I/Minor Participant, as voluntary participant(s) and guest(s) of Lake Longhorn Enterprises, LLC, Clear Creek Gun Range, LLC, and/or the Trust, including on behalf of my/our heirs, successors, assigns, and representatives, do hereby RELEASE, WAIVE, AND DISCHARGE LAKE LONGHORN ENTERPRISES, LLC, CLEAR CREEK GUN RANGE, LLC, and the TRUST and their directors, agents, officers, managers, trustees, members, employees, representatives, successors, and assigns (collectively, “Releasees”) FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, AND DEMANDS WHATSOEVER, IN LAW OR IN EQUITY, WHETHER KNOWN OR UNKNOWN, ARISING FROM, IN CONNECTION WITH, OR RELATED TO USE OF THE FACILITIES AND EQUIPMENT RESULTING IN ANY LOSS, DAMAGE, OR INJURY, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY, MEDICAL COMPLICATIONS, OR PROPERTY DAMAGE WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (“CLAIMS”). I/Minor Participant further agree that if, despite this RELEASE AND WAIVER OF LIABILITY, I/Minor Participant, or anyone on our behalf, makes any type of claim or demand against any of the Releasees, I SHALL FULLY, COMPLETELY AND UNCONDITIONALLY INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY CLAIMS AND ALL LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, LIABILITIES, DAMAGES, OR COSTS WHICH MAY BE INCURRED AS A RESULT OF OR ARISING FROM SUCH CLAIMS. I further agree to INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, LIABILITIES, DAMAGES, OR COSTS ARISING FROM OR RELATED TO USE OF THE FACILITIES AND EQUIPMENT RESULTING IN ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY, MEDICAL COMPLICATIONS, OR PROPERTY DAMAGE TO ANY THIRD PARTY USERS OF THE FACILITIES AND EQUIPMENT OR TO ANY OF THE RELEASEES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. I am fully aware of the risks involved and the hazards connected with the use of the Facilities and Equipment, including but not limited to serious injury or death, and I hereby elect to voluntarily participate in and use the Facilities and Equipment with full knowledge that said activities may be hazardous to me/Minor Participant or our personal property. I voluntarily ASSUME FULL RESPONSIBILITY FOR ALL RISK of loss, property damage, or personal injury, INCLUDING DEATH, that may be sustained by me/Minor Participant or our property, whether foreseeable or unforeseeable, known or unknown, arising from, in connection with, or related to use of the Facilities and Equipment, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
5. I understand that the Releasees do not carry or maintain health, medical, or disability insurance coverage for me/Minor Participant. Further, I affirm that I carry and maintain medical insurance for my own benefit and/or the benefit of the Minor Participant(s).
6. The validity of this Waiver and any of its terms and provisions shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of Texas. The venue for any action to enforce or interpret this Waiver shall be in a court of competent jurisdiction located in Galveston County, Texas.
7. I/Minor Participant agree to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from (a) this Waiver, (b) or my or Minor Participant’s use of the Facilities and Equipment, and/or (3) any other interaction between myself and/or the Minor Participant and the Releasees, including the determination of the scope or applicability of this agreement to arbitrate. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. Each party shall pay its costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Galveston County, Texas. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. NOTICE TO PARTICIPANT: By signing this Waiver, you are giving up your right to commence litigation in a court of law, and you are giving up your right to a trial by jury.

To the extent that any portion of this Waiver is deemed invalid under the law of the applicable jurisdiction, the remaining portions of the Waiver shall remain binding and in effect.

I, ON BEHALF OF MYSELF AND MINOR PARTICIPANT(S), ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS WAIVER IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS WAIVER HAS NO EXPIRATION DATE.