WAIVER & RELEASE OF LIABILITY

WAIVER & RELEASE OF LIABILITY 

***Any purchase or possession of tickets, campsites, parking pass and/or otherwise attending the music event at the premises constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein***

MELODY MOUNTAIN RANCH IS LOCATED AT 1290 Private Road 707, STEPHENVILLE, TEXAS, HEREINAFTER KNOWN AS "THE PREMISES". 

THE PREMISES MAY HAVE VISIBLE AND/OR HIDDEN OBSTRUCTIONS, THORNS, POISONOUS BERRIES OR PLANTS, VENOMOUS SNAKES, WILDLIFE, FARM EQUIPMENT, VARIATIONS OF TERRAIN, ROCKS AND DEBRIS, ADVERSE WEATHER, AND/OR OTHER NATURAL OR MANMADE CONDITIONS WHICH MAY BE DANGEROUS TO VISITORS AND/OR THEIR VEHICLES. VISITORS MUST LOOK OUT FOR THEIR OWN SAFETY FROM PHYSICAL CONDITIONS WHICH MAY EXIST ON THESE PREMISES. VISITOR HEREBY ACKNOWLEDGES HE OR SHE IS VOLUNTARILY PRESENT ON THE PREMISES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREES TO ACCEPT ALL RISKS OF INJURY OR DEATH, PROPERTY LOSS OR DAMAGE.

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.

In consideration for my desire to attend the music festival event at Melody Mountain Ranch, I hereby voluntarily release, discharge, waive and relinquish any and all claims or causes of action AGAINST Melody Mountain Ranch, Inc., Second Wind Holdings, L.L.C., T-Birds Garage Pub, L.L.C., and any of their subsidiary companies (hereinafter "releasees") or any officer, director, member, agent, servant or employee of releasees for personal injury, property damage, or wrongful death which may arise out of or in connection with my participation at the music festival event at Melody Mountain Ranch.

By voluntarily attending the music festival event at Melody Mountain Ranch and entering the premises, I expressly and voluntarily assume all risk of personal injury or death, whether foreseeable or not, sustained in connection with MY presence or involvement at the premises. I release Melody Mountain Ranch, Inc., Second Wind Holdings, L.L.C., T-BIRDS Garage pub, L.L.C., their agents, employees, insurers, successors and assigns from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of MY presence or involvement at the premises.

I further covenant and agree not to institute any claims or legal action against Melody Mountain Ranch, Inc. or Second Wind Holdings, L.L.C. for any claim released by this Agreement. Should any claim be made against Melody Mountain Ranch, Inc or Second Wind Holdings, L.L.C.  in contravention of this Agreement, including but not limited to derivative claims or claims brought by any of your campsite guests, passengers, or invitees, you will protect, defend and indemnify Melody Mountain Ranch, Inc. and/or Second Wind Holdings, L.L.C. for such claim and expenses including attorney’s fees and costs incurred by Melody Mountain Ranch, Inc. and/or Second Wind Holdings, L.L.C. in defending such claim.

I understand that Melody Mountain Ranch, Inc. and Second Wind Holdings, L.L.C. are not responsible for any lost, stolen, or damaged valuables or property belonging to me or any of my campsite guests, passengers or invitees.

I understand that by purchasing a campsite and/or parking pass from this website, this constitutes my agreement and acknowledgement that I have received and read a copy of the current rules and regulations governing the use of the premises, and that I will fully comply with all rules and regulations, including any amendments.

I KNOWINGLY AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS ARISING FROM, INCURRED DUE TO, OR OTHERWISE IN CONNECTION WITH MEMFOLK, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.  BY ACCEPTING THIS AGREEMENT AND PURCHASING A TICKET, CAMPSITE, AND/OR PARKING PASS ON BEHALF OF ANY PARTICIPATNS OTHER THAN MYSELF, I AM REPRESENTING UNDER PENALTY OF FRAUD THAT I AM ENTITLED TO EXECUTE THIS AGREEMENT AS EITHER THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT, OR THAT I HAVE BEEN GIVEN PERMISSION FROM THE OTHER PARTICIPANTS TO ACCEPT THE TERMS OF THIS AGREEMENT ON EACH OF THEIR BEHALF, AND THAT BY DOING SO, I AM AGREEING TO BE PERSONALLY RESPONSIBLE AND INDEMNIFY RELEASEES FOR ANY CLAIMS  BROUGHT BY ANY OTHER PARTICIPANT, SHOULD THEY REFUSE TO ACCEPT THE TERMS OF THIS AGREEMENT.

THIS WAIVER IS INTENDED TO AND DOES RELEASE MELODY MOUNTAIN RANCH, INC. AND SECOND WIND HOLDINGS, L.L.C. FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES TO YOU OR ANY OF YOUR CAMPSITE GUESTS, PASSENGERS, OR INVITEES ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF YOUR NEGLIGENCE, THE NEGLIGENCE OF THIRD PARTIES AND MELODY MOUNTAIN RANCH, INC. AND/OR SECOND WIND HOLDINGS, L.L.C.’S NEGLIGENCE. THIS IS NOT INTENDED TO RELEASE MELODY MOUNTAIN RANCH, INC. AND/OR SECOND WIND HOLDINGS, L.L.C. FROM ANY LIABILITY RESULTING FROM THEIR INTENTIONAL CONDUCT.

I UNDERSTAND THAT MY ACCEPTANCE OF THE TERMS OF SERVICE AND WAIVER & RELEASE OF LIABILITY AT CHECK OUT CONSTITUTES MY ELECTRONIC SIGNATURE AND MY INTENT TO BE LEGALLY BOUND BY THIS WAIVER AND RELEASE OF LIABILITY.