Adult Liability Waiver - MTM Youth Ranch & Bike Park

SAFETY AGREEMENT FOR USE OF MORE THAN ME YOUTH RANCH, OWNED BY ALLIES IN YOUTH DEVELOPMENT, A TEXAS NON-PROFIT CORPORATION

I understand that Allies in Youth Development (“Allies”) will not allow myself and/or my child to participate in any agritourism activates or other activities at More Than Me Youth Ranch (“More Than Me”) unless I enter into this Safety Agreement (“Agreement”) for my and/or my child’s use of the More Than Me premises. In connection therewith, Allies and I, individually, and on behalf of my child (if applicable), acknowledge and agree as follows:

General Safety Guidelines

1. Adult Supervision

(a) Minor children (“Youth”) will be supervised by qualified adults (including both the child’s parent as well as those responsible adult(s) supervising the event the child is participating in and, where applicable, various Allies employees and staff) at all times on the More Than Me premises;

(b) For the events that Allies is managing, Allies will maintain an appropriate adult-to-Youth ratio at all times on the More Than Me premises based upon the type(s) of activity(ies) and the age group(s) of Youth participating; and

(c) For events that Allies is not managing, i.e., independent youth groups, scouting troops, trail life groups, etc., Allies will ensure that the adult guardians or leaders responsible for overseeing those events are aware that they are responsible for supervising and managing the minor children participating in their events and activities.

2. Emergency Preparedness

(a) Allies will post in conspicuous place(s) an emergency evacuation plan and Allies will ensure that emergency evacuation procedures are practiced amongst staff and participants regularly and at least bi-monthly;

(b) Allies will keep and maintain properly stocked first aid kits in each of the main/central locations of the More Than Me premises;

(c) Allies will ensure all of its staff members are trained in its official Emergency Action Plan (EAP) & Procedures; and

(d) Allies staff or volunteers may or may not be trained in current basic first aid and CPR techniques and procedures. In the event of an emergency, Allies recommends you call 911.

3. Check-In / Check-Out Procedures

(a) Allies will ensure that secure check-in and check-our processes and protocols are practiced for all Youth participants; and

(b) For Allies-managed events, Allies will ensure that only authorized person(s) may pick-up Youth from the More Than Me premises, and a valid form of identification will be required for same.

4. Health and Medical Information for Youth Participants

(a) For Allies-managed events, Allies will maintain updated medical records, allergy information, and emergency contacts on each Youth participant on file;

(b) Youth and/or other participants will reasonably cooperate with Allies’ staff and personnel in providing relevant health care information for the participant to Allies staff and personnel;

(d) Medications to be administered to Youth participants will be stored securely by Allies employees and personnel and will be administered to said Youth only by Allied authorized personnel.

5. Alcohol and Drugs

(a) Use of alcohol and/or non-prescriptive use of medication or drugs by any Youth, other participant or employee or agent of Allies is prohibited at all times on the More Than Me premises; and

(b) Use of the More Than Me premises and participation in the More Than Me activities is prohibited by any Youth, other participant or employee or agent of Allies that is under the influence of alcohol and/or non-prescriptive medication or drugs.

6. Rules and Regulations

(a) Allies will post in conspicuous place(s) the Rules and Regulations in force at the More Than Me premises;

(b) Youth and/or other participants agree to abide by all rules and regulations in force at the More Than Me premises at all times; and

(c) Youth and/or other participants agree to respect the natural environment of the More Than Me premises and participate in any agritourism and/or other activities thereon in the spirit of safety and stewardship.

Facility & Environmental Safety

7. Property Condition

(a) Youth and/or other participants acknowledge and understand that no warranty, either express or implied, is made by Allies as to the condition of the More Than Me premises or any roads, trails, buildings, gates, fences, and/or other improvements located thereon; and

(b) Youth and/or other participants acknowledge that their presence and participation in activities on the More Than Me premises exposes both them and their property to dangerous conditions, risks and hazards including, but not limited to: poisonous snakes, wildlife, insects, spiders, erosion and general condition of the land and trails, both on and off trails and other passageways, creating rough, hazardous and dangerous walking conditions, animals, both wild and domestic that may be diseased and/or potentially dangerous, deep water, and persons with archery and other potentially dangerous equipment both on and off of the More Than Me premises.

8. Property Maintenance

(a) Youth and/or other participants will timely report any and all hazardous or dangerous conditions on the premises such as loose boards, sharp objects, or overgrown paths to Allies’ personnel and staff;

(b) Allies will regularly inspect, maintain and repair (if necessary) all facilities, trails, sports fields, and equipment;

(c) Allies will promptly remove or remedy any and all hazards known to Allies, such as loose boards, sharp objects, or overgrown paths; and

(d) Youth and/or other participants agree to leave the More Than Me premises and buildings and improvements on it in good order and repair and in a safe and clean condition after each visit to the More Than Me premises.

9. Water Safety

(a) Allies will enforce strict supervision of Youth near ponds, streams, or any water features on the More Than Me premises; and

(b) Youth and/or other participants agree to wear life preserver jackets at all times for any boating or water-based activities on the More Than Me premises.

10. Animal Safety (if applicable)

(a) Allies will educate Youth on proper behavior around animals;

(b) Allies will supervise all Youth interactions with animals and prohibit Youth’s unauthorized feeding or petting of animals; and

(c) Allies will promptly inform Youth and/or other participants of any dangerous propensity of a particular animal used in any activity that is known to Allies or should reasonably be known to Allies.

11. Weather Precautions

(a) Allies will monitor weather conditions in the area of More Than Me and have and maintain plans in the event of severe weather; and

(b) Allies will suspend outdoor activities during thunderstorms, excessive heat, or poor air quality.

12. Known Dangerous Conditions on the More Than Me Premises

(a) Youth and/or other participants acknowledge and agree that More Than Me premises are intentionally maintained in their natural, unimproved and wild state which creates a potential injury to Youth and other participants, as well as anyone else on the More Than Me premises;

(b) Wild animals capable of causing serious bodily injury or death are or may be present on the More Than Me premises, including on the areas where Youth and/or other participants will engage in agritourism activities and other activities; and

(c) Archery bows and other related equipment capable of causing serious bodily injury or death might be periodically used on the More Than Me premises.

Activity-Specific Safety

13. Sports & Recreational Activities

(a) Allies will ensure all equipment is in safe working condition;

(b) Youth and/or other participants will report to Allies any equipment that is not in working or safe condition;

(c) Allies will provide proper protective gear (helmets, pads, etc.) to Youth and all other participants and Allies will enforce Youth and/or other participant use thereof; and

(d) Youth and/or other participants agree to use proper protective gear (helmets, pads, etc.) provided by Allies at all times while participating in activities requiring same.

14. Archery, Gaga Ball, and High-Impact Sports

(a) Allies will ensure that only trained instructors supervise and lead archery related activities;

(b) Allies will define and enforce safety zones on the More Than Me premises for high-intensity games and activities; and

15. Playgrounds and Trails

(a) Allies will regularly inspect playgrounds for age-appropriate equipment and Youth safe surfacing;

(b) Youth and/or other participants will notify Allies’ employees or staff of any dangerous playground equipment or playground condition(s);

(c) Allies will enforce the use of buddy systems or trail guides by Youth and/or other participants for hikes and/or bike rides; and

(d) Youth and/or other participants agree to use buddy systems or trail guides at the direction of Allies for hikes and/or bike rides.

Behavioral Expectations

16. Code of Conduct

(a) Allies will set and explain clear expectations for respectful, responsible, and safe behavior to Youth and/or other participants;

(b) Youth and/or other participants agree to not engage in bullying, physically aggressive conduct and/or other unsafe, reckless or threatening behavior;

(c) Bullying, physical aggression, and/or other unsafe, reckless or threatening behavior on the part of Youth and/or other participants will not be tolerated; and

(d) Youth and/or other participants agree not to act in any manner that will obstruct, interfere with, or infringe on the rights of other residents of the surrounding community to More Than Me.

17. Boundaries and Off-Limits Areas of More Than Me

(a) Allies will ensure that restricted areas of More Than Me are clearly marked and that such markings are maintained;

(b) Youth and/or other participants agree to not access restricted areas of the More Than Me premises; and

Security Measures

18. Fencing and Gates

(a) Allies will ensure that all fences are secure and gates are locked on the More Than Me premises when same are not in use; and

(b) Allies will control access points to the More Than Me premises and monitor visitor entry and exit.

19. Visitor Policy

(a) All visitors to the More Than Me premises will be required to review and sign the Safety Agreement and Waiver(s) to be permitted access to the More Than Me premises;

(b) Allies’ staff will be required to complete background checks and training prior to commencement of their job duties at the More Than Me premises;

(c) Allies’ volunteers that work with or around minor children will be required to complete background checks and training prior to commencement of their volunteer service at the More Than Me premises;

(d) Training for employees and staff of Allies involved in agritourism activity(ies) will be tailored and structured specific to the agritourism activity(ies) that the employee or staff member is involved in; and

(e) Training for any volunteers of Allies involved in agritourism activity(ies) will be tailored and structured specific to the agritourism activity(ies) that the volunteer is involved in.

Allies reserves the right to require that any Youth or other participant leave the More Than Me premises at any time.

Waiver and Release of Liability

I, the individual identified below, (the “Participant”) desire to participate in one or more activities (the “Activity”) at More Than Me youth ranch (“MTM”) as organized and coordinated by Allies in Youth Development (“Allies”), operating under the name Allies in Youth Development, located at 760 Milton Court, Granbury, Texas 76048 (the “Premises”), which is owned by Allies, a Texas non-profit corporation. I understand that the Activity may include, but is not limited to the following: outdoor sports and games (e.g., soccer, volleyball, gaga ball, etc.); hiking and biking trails; use of playground and recreational equipment; archery, horseshoe, and other skill-based activities; interaction with animals (if applicable); indoor games and gymnasium sports; fishing and kayaking; participation in events on ranch property, including group gatherings.

I understand that Allies will not allow me to participate in the Activity and Allies will not allow the Activity to occur on the Premises unless I enter into this Waiver and Release of Liability (“Agreement”). I am entering into this Agreement for the benefit of Allies, and each of its owners, affiliates, directors, managers, officers, employees, representatives, and agents (individually and collectively, the “Released Parties”) and to induce Allies to allow me to participate in the Activity at the Premises.

1. I am the individual named below, and I agree to participate in the Activity and to sign this Waiver and Release of Liability on behalf of myself.

2. I am over age 18 and understand and accept the risks. I am over the age of 18. I understand that the Activity will involve dangers and risks to myself that cannot all be listed in this Agreement, but that include risks and dangers arising from: physical exertion for which I am not prepared; inadequacy of the Premises for conducting the Activity; physical or psychological injury; physical contact that may be considered inappropriate; disfigurement, pain, suffering, illness, paralysis, and/or death. I accept and assume all of these risks and dangers, whether listed herein or not.

3. I am physically able to participate in the Activity. I represent to Allies that I am in good physical condition and that I am physically able to participate in all aspects of the Activity.

4. There is adequate insurance providing coverage for myself. I have and will maintain during the Activity health insurance, accident insurance and life insurance sufficient to provide coverage for all injuries and damages that I may suffer while I participate in the Activity, and I am not relying upon Allies to provide any insurance coverage for me. Any insurance carried by Allies that provides any coverage to me is secondary insurance and not primary. I will promptly pay when due and indemnify, defend and hold the Released Parties (including all of the individuals listed above in the definition of that term) harmless from any and all expenses, claims and liabilities of any nature that relate in any way to any transportation for or any medical or dental care, treatment or service provided to the Participant that relate to the Activity or any injuries sustained while participating in the Activity.

5. I release and hold the Released Parties harmless. The Released Parties (which term includes all of the individuals listed above) will not be liable, jointly or severally, for any death, injury, damage or loss that I sustain nor for any property damage or loss that I sustain, which is suffered as a result of or in any way relating to the Activity. I hereby waive and release and forever discharge the Released Parties (including all of the individuals listed above in the definition of that term), jointly and severally, and in any capacity, from any and all liability and claims for death, injury, damage or loss to myself, or to my property, which is suffered as a result of or in any way related to the Activity, even if such claim and liability arises in whole or in part from the negligence or the strict liability of any of the Released Parties (including the negligence and strict liability of any individual listed in the definition of that term).

6. Texas law will apply. This Agreement and the relationship between the Released Parties and me will be governed by the laws of the State of Texas, and the federal laws of the United States of America, exclusive of any conflicts of laws rules.

7. I agree to these generally applicable provisions.

(a) If any provision hereof is held to be illegal, invalid or unenforceable under applicable laws, then such provisions will be fully severable and this Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part hereof, and the remaining provisions will remain in full force and effect.

(b) This Agreement supersedes and replaces all other agreements and representations, both oral and in writing, between Allies and me with respect to the Activity and contains the entire understanding and agreement between us with respect to the matters addressed herein.

(c) I have read this Agreement carefully and fully understand all its provisions. I am freely, knowingly, and voluntarily entering into this Agreement.

AGREEMENT AND WARNING

I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.