Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement AJ Halmay & Associates U.S., Inc. d/b/a Lazy L&B Ranch

In consideration of the services of AJ Halmay & Associates U.S., Inc. d/b/a Lazy L&B Ranch, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively (LL&B), I hereby agree to release and discharge LL&B on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:

1. Inherent Risks. I acknowledge that the following describes some, but not all of the risks that I might encounter while at the LL&B Guest Ranch or while participating in activities at or through the ranch. I acknowledge that guest ranches with activities like horseback riding, water related activities and numerous other pastimes entail known, unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of the guest ranch experience.

I acknowledge that the inherent risks associated with the fishing or other water related activity (e.g.: swimming, etc.) include, but are not limited to the fact that cold water activities can be strenuous and should not be participated in by persons with heart or cardiovascular ailments; I understand that prolonged exposure to cold water can result in hypothermia and in extreme cases death. It is possible that I could be injured if I come in contact with and be injured by fishing equipment/gear (waders, hooks, knives, poles, etc.) for either spin or fly fishing, food boxes, storage containers, etc. The fishing equipment or boats may break down or be faulty. I can slip or fall during hiking, fishing, portaging, wading in the creeks or rivers or getting to and from the fishing or boating areas; I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc.

I specifically acknowledge that horseback riding is classified as a RUGGED ADVENTURE OR RECREATIONAL ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activities despite all safety precautions. Per this document, I acknowledge being advised that, according to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products) horse activities rank 64th among the activities of people relative to injuries that result in a hospital stay; related injuries can be severe, requiring more hospital days and resulting in more lasting residual effects than injuries in other activities. I also understand and acknowledge that failing to use or properly use safety type equipment such as protective headgear increases my risk of injury or of not surviving an accident or incident while horseback riding. I agree and acknowledge that the term HORSE herein shall refer to all equine species and the term(s) HORSEBACK RIDING OR RIDING herein shall refer to riding or otherwise handling or approaching of horses, ponies, mules, or donkeys, whether from the ground or while mounted on the animal. The term RIDER shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground.

I understand and acknowledge the fact that no horse is a completely safe horse; horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground, it will generally be at a distance from 3-5 feet, and the impact may result in injury to the rider. I understand and acknowledge that horseback riding is the only sport where one much smaller, weaker predator animal (human) tries to impose its will on, and become a unit of movement with another much larger stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. I understand and acknowledge that if a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short; changing directions or speed at will, shifting its weight, bucking, rearing, kicking, biting, or running from danger. I understand that riders should not carry loose items while riding (e.g.: toys, purses, hats not fastened securely) that may fall, blow away, flap in the wind or make sharp noises that could frighten the horse; riders should not yell or scream or make other sharp noises that could scare the horse. I understand and acknowledge that saddle girths (saddle fasteners around the horses belly) may come loose and cause saddle slipping; in the event I notice mine or another riders saddle slipping it will be my responsibility to notify the guide/wrangler immediately to get assistance in re-securing the saddle. I understand and acknowledge that, upon mounting a horse and taking up the reins the RIDER is in primary control of the horse; as such, my safety as the rider largely depends upon my ability to carry out simple instructions and upon my ability to remain balanced aboard the moving animal. I also understand and acknowledge that this ranch is NOT responsible for acts, occurrences or elements of nature (e.g.: thunder, lightening, rain, wind, wild and domestic animals, insects or reptiles that may run, fly near, bite and/or sting a horse or person and/or irregular footing on out-of-door groomed or wild terrain) that can scare a horse, cause it to fall or cause it to react in some other unsafe way.

I acknowledge that hunting, use of firearms (guns) and/or clay target or skeet shooting have inherent risks that include, but are not limited to my own handling of the firearm and being near others that are handling firearms, the risk of ear injury from the noise associated with discharging the firearms; I specifically acknowledge that I can be injured or killed by the ammunition, the clay targets or the shot from another’s’ use of the firearms.

I acknowledge that I may choose to participate in other activities/pastimes while at the LL&B – each of which will have its own known, unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. Other activities include things like surrey rides, wagon rides, hiking, campfires, horse shoe games, etc., each of which has elements of risk.

I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which LL&B has no control (such things as whitewater rafting, wilderness camps, float fishing trips, etc.). Those activities are incidental to the trips provided by LL&B and may involve errors in judgment by the other vendors and operators for which LL&B can bear no liability.

I acknowledge that LL&B is not a Common Carrier but rather is in the guest ranch business. Transportation to and from activities is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by LL&B and/or LL&B employees and may involve errors in judgment by LL&B or staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Transport may be provided by independent contractors to LL&B and may involve errors in judgment by those independent contractors.

I acknowledge that, in the remote locations used by LL&B, participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants ability to react or respond. Participants may encounter dangerous wildlife or insects and may encounter firearms or substances necessary to the control of these animals or insects. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, extreme temperature variations, etc., can occur. Communication in the terrain used by LL&B for its activities can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available.

I expressly acknowledge that naturally occurring disease processes (including, but not limited to, the currently widespread Coronavirus and Covid-19) occur in all environments in which this activity will take place. I acknowledge that, while LL&B has taken reasonable measures to avoid contact, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is ultimately my responsibility to safeguard myself and others. I understand and agree that, if I choose to participate in this activity, that LL&B cannot and will not have any legal liabilities toward me if I contract a virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of any disease process to other LL&B participants or employees, that I may be held legally and financially responsible for that transmittal. 

I specifically acknowledge also that this trip involves lodging in a rustic Wyoming style guest ranch or cabins which may present comfort style issues for which I accept responsibility. I acknowledge that food preparation is an integral part of some of these activities and that I and other participants may be eating in the outdoors or community style environments and that some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; I acknowledge my responsibility to inform LL&B of any specific food related allergies. I specifically acknowledge that, in the event I choose to consume alcohol during my trip, I will bear complete responsibility for my self and for any damages I may cause to LL&B, its property or to other guests. I acknowledge that my time at the LL&B may require me to use equipment that I might not be familiar with and will require me to interact with other guests and participants with whom I am also unfamiliar; any of these things can cause my discomfort and stress and have inherent risks. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them.

By signing this Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my stay at the LL&B. Furthermore, LL&B Guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. With knowledge of all of these issues:

2. Express Assumption of Risk As lawful consideration for being allowed to participate in activities offered by LL&B, I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I/we expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.

3. Release and Waiver of Rights Including for Claims of NEGLIGENCE On behalf of myself and any of the children for which I am responsible I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LL&B from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my/our use of LL&B’s equipment or facilities, including any such Claims which allege negligent acts or omissions of LL&B.

4. Indemnity Should LL&B or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless (in other words, I agree to pay for…) for all such fees and costs.

5. Personal Skill & Insurance I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by LL&B I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.

6. Medical Issues I agree on behalf of myself and any of the children for which I am responsible that, in the event that LL&B deems it necessary to administer emergency first aid or CPR or to remove me/us from its activities or premises or from the field or to seek emergency medical care for me/us that, by signing this document, I/we are giving LL&B permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me/us to any health care provider which may become involved in my/our care, treatment or removal from the field. By signing this document I/we are waiving any right to object to or bring any type of action or claim against LL&B for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from LL&B activities or the field.

7. Photographic Assignment I understand that LL&B reserves the right to take photographic or film (of whatsoever nature) records of any or all of its activities or trips and on behalf of myself and any of the children for which I am responsible. I/we hereby agree that LL&B may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name or likeness might be used by LL&B.

8. Release as Contract and Personal Capacity On behalf of myself and any of the children for which I am responsible I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with LL&B

9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I/we file a lawsuit against LL&B, I/we agree to do so solely in the State of Wyoming, and I/we further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and I/we hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I/we agree to submit to the jurisdiction of the Wyoming courts. I/we agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it were the original. I/we understand that this document constitutes the entire Agreement/Contract between ourselves and LL&B and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I/we are also waiving any claims I/we might have for breach of contract or warranty for statements or representations made outside of this release contract.

By signing this document, I acknowledge for myself and any of the children responsible for that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against LL&B on the basis of any claim from which I/we have released them herein.