RELEASE OF ALL CLAIMS AND WAIVER OF LIABILITY OF ALL CLAIMS

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In consideration of being allowed as a guest on “The Property” and allowed to participate in activities on “The Property”, I agree of my own free will that:

I, the undersigned, and on behalf of my heirs, legal representatives and assigns (hereinafter referred to as the “Undersigned”) hereby RELEASE, WAIVE, and DISCHARGE the “Released Parties” from any and all liability, claims, demands, or causes of action that the Undersigned may have for any and all injuries to his or her person or property, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE while the Undersigned is on the property of The Released parties.  

“The Property,” known as The BigWoods on the Trinity, LLC, is located at 14809 West FM 321, Tennessee Colony, Texas 75861, and includes everything present on said property including without limitation the land, buildings, equipment, and boats.
 
The “Released Parties” are Robert F. McFarlane, Susanna M. McFarlane, Wallace S. McFarlane, The Susanna McFarlane Trust, The Wallace McFarlane Trust, The Susanna McFarlane Contingent Trust, and the Wallace McFarlane Contingent Trust, and any other entity or person that has any interest in the property, as well as any representatives, shareholders, directors, officers, employees, guides, agents, subcontractors, assigns, successors-in-interest, or insurance companies of any of the “Released Parties”.

The Undersigned hereby Expressly agrees he or she will NOT sue or make a claim against the Released Parties for damages or other losses sustained as a result of his or her presence on “The Property” or participation in any activity on “The Property”.

The Undersigned hereby EXPRESSLY WAIVES ANY NEGLIGENCE CLAIMS for damages or other losses sustained as a result of his or her presence on “The Property” or participation in any activity on “The Property”.

The Undersigned AFFIRMS that he or she is currently covered under appropriate general liability and personal health insurance policies issued through a licensed insurance carrier.  

The Undersigned EXPRESSLY ACKNOWLEDGES, AGREES, AND UNDERSTANDS that his or her participation in activity on the property has inherent risks and dangers and no amount of care, caution, instruction, or expertise can eliminate such risks and dangers.  I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN ARISING FROM NEGLIGENCE OF THE RELEASED PARTIES.

The Undersigned further EXPRESSLY AGREES the foregoing RELEASE, WAIVER, and INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force.  
This agreement remains in full effect until and unless terminated in writing and signed by both the guest and owners.