Matador Ranch and Cattle
General Ranch Indemnity - Entire Ranch
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RELEASE, INDEMNITY, and COVENANT NOT TO SUE

The undersigned, an individual over the age of 18 (“Guest”),  hereby fully and forever releases, discharges, covenants not to sue, and agrees to indemnify and hold harmless BEAVERHEAD LLC, doing business as Matador Ranch and Cattle LLC (“Matador”), BEAVERHEAD RANCH PROPERTY LLC (“BR Property”), and SELKIRK RANCH LLC (“Selkirk”, together with Matador and BR Property, the “Ranch”), and their affiliates, related entities, successors, assigns, agents, owners, members, managers, shareholders, partners, employees, and contractors (collectively, the “Released Parties”) for any and all actions, claims, causes of action, demands, liabilities, damages, including but not limited to punitive and consequential damages, and expenses, including but not limited to attorney and paralegal fees and costs, whether asserted or unasserted, known or unknown, liquidated or unliquidated, foreseen or unforeseen, arising out of or related to: (i) the presence of Guest and any of Guest’s property on property owned or leased by the Ranch (the “Property”), (ii) any and all activities engaged in by Guest on the Property, and (iii) any personal injury or damage to Ranch personnel, Ranch property, or the person or property of third parties arising from or related to Guest (collectively, the “Activities”), and any failure of Guest to follow Ranch Rules, any inaccuracy or violation of any warranty by Guest herein, and any violation of the terms of this agreement.   If any minors accompany Guest, such minors must be children or wards of Guest, and Guest warrants that Guest has full power and authority to bind such minors to the terms of this Agreement as such minor’s parent or duly appointed and acting guardian.

Guest fully understands the risks and dangers involved in the Activities, and assumes all risks relating to the Activities, including but not limited to injury, death, property loss or other damage.  Guest waives all rights of recovery against the Released Parties for any loss, damage, injury or other liability arising from or relating to the Activities, and any parties claiming under or through Guest shall be bound by this waiver and shall not have any right of subrogation against any of the Released Parties.

   Guest understands, acknowledges, and agrees to abide by all rules of the Ranch, including without limitation those attached hereto on the following page (the “Ranch Rules”).  

The release, covenant not to sue, and indemnity contained herein shall be effective in perpetuity.   This agreement shall be governed by and interpreted in accordance with the laws of the State of Montana, and may not be revised, modified, or amended except in writing signed by Ranch and Guest.  Guest agrees to pay, upon demand by any of the Released Parties, all costs and expenses incurred by any of the Released Parties in enforcing this agreement, including attorney and paralegal fees and costs. If any provision of this agreement or its application to any person or circumstance is held invalid or unenforceable to any extent, the remaining provisions hereof shall nevertheless be valid, effective and enforceable.  A signature to this Agreement may be transmitted by facsimile or electronically and shall be deemed to be an original signature.

Ranch Rules

  1. These Ranch Rules apply to all persons who engage in or observe any Activity (as defined in the attached Release, Indemnity and Covenant Not to Sue (“Release”)) on the Ranch.  All defined terms used in these Rules and not separately defined shall have the meaning given to them in the Release.

  2. Guest shall provide Matador at least 24 hours prior notice of the date, time and expected duration of Guest’s entry upon any Ranch Property. Guest shall not interfere with the operation or use of the Ranch.  Guest shall not bring pets or other animals onto the Property except with express written consent from Matador. 

  3. The Ranch is a working ranch, and Guest must observe the instructions of Ranch personnel with respect to non-disturbance of livestock and all other matters. Guest shall abide by the oral and written instructions and directions given by Ranch personnel unless such instructions or directions conflict with the terms herein or written agreements between the Ranch and Guest, in which case the terms herein or the terms of such agreements will control.  Guest shall observe safe practices and standards of good conduct while on Ranch Property. Guest shall not: (i) possess or use any illegal substances on the Property, (ii) discard or leave any garbage or refuse on the Property, (iii) bring any firearms onto the Property unless authorized in advance by Matador, (iv) harass or harm any livestock, (v) damage any trees, fences, improvements or natural vegetation on the Property, or (vi) smoke, start fires, or use fireworks on the Property.  Displays of dangerous, destructive, unruly, unsportsmanlike, or uncooperative conduct by Guest will not be tolerated. Any failure by Guest to comply with any provision of these Rules may, at Matador’s sole discretion, result in the Guest’s immediate expulsion from Ranch Property and revocation of any privilege allowed to Guest to enter the Property.

  4. There may be hunters present on the Ranch during hunting seasons. During such hunting seasons, Guest agrees to take such precautions, including wearing appropriate apparel to make Guest visible to hunters, to protect Guest from injury or death.  

  5. Guest shall remain on existing roads while on Ranch Property, shall not drive any vehicle off existing roads, and shall not drive on the closed roads.  During periods of wet weather, Guest shall drive only on existing all-weather roads on the Property.  Guest shall exercise due care in driving on roads on the Property and must have automobile liability insurance in effect on the vehicle driven by Guest on the Property.

  6. Guest is solely responsible for removing all items brought by Guest onto the Ranch Property. Matador is not responsible for any items brought onto or left on Ranch Property by Guest, and any personal property left on the Property will be deemed abandoned.

  7. Guest shall neither capture nor handle any live animal, bird, or reptile on the Property, unless necessary to conduct the Activities and with prior written approval from Matador. 

  8. Guest acknowledges that the Property is a natural environment containing natural hazards including but not limited to predatory animals, snakes, insects, dangerous terrain, and water hazards.

  9. Guest shall comply with all Ranch policies, rules, and regulations in addition to these Ranch Rules.

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