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WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
The undersigned persons (individually and, if applicable, on behalf of their minor children and
dependents; collectively, the "Guests") enter into this agreement with The New Museum at the Brinton Ranch,
d/b/a The Brinton Museum (the "Provider").
Upon consideration for entering up on the lands owned by the Provider, and in order to participate in
recreational activities which involved inherent risks, the Guests signing below, being an adult of legal age, signing
on behalf of himself, herself or as the legal custodian or parent of a minor(s) doing the same, hereby agrees as
follows:
1. Guests wish to participate in recreational activities, such as skiing, hiking, hunting, fishing, plant and
animal viewing, painting, yoga, equestrian activities, and other recreational activities on lands owned by
Provider in Sheridan County, Wyoming or other locations used by Provider (the “Premises”). Guests
acknowledge that, upon the signing of this agreement, they are receiving permission to participate in
recreational activities on the Premises under the terms of this agreement.
2. Guests understand and acknowledge that outdoor and recreational activities in general, including but not
limited to those provided as examples above, are inherently dangerous activities which carry the risk of
personal or bodily injury to one’s self or others, including death and damage to property. Guests
voluntarily assume all inherent hazards and risks of participating in such activities. (Such risks include,
but are not limited to: use, misuse, and accidents involving firearms and/or bow hunting equipment by
one’s self or others, existing and changing weather conditions, variable terrain and obstacles, variations
in animal temperament, horse mounting and riding accidents, equipment failure or malfunction, vehicle
and other accidents, collisions with objects or persons, exposure to water and natural forces, and accidents,
injuries or illnesses occurring in remote locations where no immediate medical attention is available.)
3. Guests understand and agree (i) that any person, including Guests, who takes part in any outdoor or
recreational opportunity, assumes all risk of injury and all legal responsibility for injury or death to
themselves or other persons, and all risk of damage to property that results from the risks in that outdoor
or recreational opportunity, and (ii) that the providers of any outdoor or recreational opportunity, including
the Provider and other Releasees herein, are not required to identify, eliminate, alter or control the inherent
risks or other risks in any outdoor or recreational activity.
4. In consideration of permissive use of the Premises as described herein, Guests voluntarily agree as
follows:
A. Guests, on behalf of themselves and their children, heirs, personal representatives
and assigns, hereby fully and irrevocably release and forever discharge (i) Provider,
and (ii) the owners of all other lands on which outdoor or recreational activities are
conducted by or in association with the Provider, and (iii) all of the managers,
members, agents, representatives, employees, heirs, personal representatives,
directors, officers, associates, family members, and assigns of the persons or entities
named or identified herein (collectively, "Releasees"), from any and all legal
liability, claims, demands, actions, causes of action, damages, costs and expenses of
any kind or nature (including those based on the Releasees' negligence) for or by
reason of any bodily injury or personal injury, known or unknown, or death, or
property damage on account of or in any way resulting from participation by the
undersigned (and, if applicable, his/her minor children or dependents) in any
outdoor or recreational activities on the Premises. This release applies to inherent
risks and all other risks, including the negligence of Releasees, whether foreseen or
unforeseen.
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B. Guests agree to indemnify, hold harmless and defend Provider and Releasees, and
each of them, from and against any and all loss, damage, claim, liability, or expense,
including reasonable attorneys’ fees, which they may incur by reason of the
occupation or use of the Premises by Guests, or by reason of any actions taken by
the Guests, their employees, agents, representatives, or family members in
connection with Guests' use of the Premises.
C. Guests represent that they have adequate skill, knowledge, physical condition,
appropriate licenses, and equipment to participate safely in any activity in which they
participate on the Premises and have taken or will take all reasonable measures to mitigate
the inherent risks of participating in any activity, and that Provider’s reliance on that
representation is reasonable.
5. This release contains the entire agreement between the parties, and the terms of this release are contractual
and not a mere recital. If any portion of this release is held invalid, it is agreed that the balance of the
release will remain effective.
I (the Guest) have carefully read the foregoing agreement and I fully understand its contents. I am aware
that I am releasing certain legal rights I otherwise may have, or my minor children/dependents may have, and I
enter into this contract freely and voluntarily under my own free will without any inducement, coercion or
otherwise.
DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND OR DO NOT AGREE
WITH ITS TERMS. THE SIGNATURE OF A PARENT OR GUARDIAN IS REQUIRED FOR PERSONS
UNDER 18 YEARS OF AGE.
Signature of Guest (Date)
Printed Name and Address: Name of Minor Children/Dependents:
