waiver-form-12-02-22-v3

AGREEMENT:

In consideration for the limited and revocable right to access and otherwise utilize the land
commonly known as “Millican Reserve” in Brazos County, Texas, and any facilities thereon, I hereby
freely agree to and make the contractual representations and agreements contained in this
document (the “Agreement”). I acknowledge the inherent dangers of participating in outdoor
activities including, but not limited to, activities such as bicycling, hiking, running, horseback riding,
camping, canoeing, kayaking, nature walks, swimming and participating in any water sport activity.
I voluntarily fully assume the risks associated with my presence at Millican Reserve, including (by
way of example and not limitation) the following risks: possible collisions with pedestrians, livestock,
wildlife, vehicles, bicycles, or other fixed or moving objects; potential surface hazards, equipment
failure, inadequate safety equipment, fire, and hazardous weather conditions; contact with biting
insects, reptiles, amphibians, fish, and mammals; the dangers of participating in any water or play
activity including drowning; and the possibility of serious physical and/or mental trauma including
death arising from any of the inherent dangers present at Millican Reserve.

I fully understand that accidents are not uncommon when participating in outdoor activities. I
acknowledge it is impossible for the non-profit corporation known as Millican Reserve, its
management, or the owners of the land on which it operates (together, “Millican”), its “Program
Partners” (Millican-approved organizations operating at Millican Reserve for the purpose of
education and recreation), or any other parties affiliated with Millican Reserve to anticipate and
prevent all conceivably hazardous situations that can occur while participating in outdoor activities.
I understand permanent disabling injuries and even death can occur when participating in such
activities.

I acknowledge that due to the inherent danger related to the outdoor activities to be undertaken at
Millican Reserve, Millican cannot and will not guarantee the safety of any person on the property or
loss of any personal property. Furthermore, I understand that Millican does not guarantee the safety
or quality of the facilities, the safety or quality of the program, or any of the equipment located on
the property.

I agree that it is my sole responsibility to be familiar with the conditions of the land and facilities at
Millican Reserve, and I accept them in their as-is where-is condition. I understand and agree that
situations may arise during participation in activities at Millican Reserve that may be beyond the
immediate control of Millican, and I will not partake in any activities which endanger myself or
others. I accept responsibility for the condition and adequacy of my bicycle, horse equipment,
camping equipment, or any other equipment I may use at Millican Reserve. When participating in
any outdoor activity including, but not limited to, riding a bicycle, riding a horse, canoeing, or
kayaking at Millican Reserve, I will wear the proper safety equipment including, but not limited to, a
properly rated helmet or life jacket, and I assume all responsibility and liability for the selection and
fit of this safety equipment. I confirm that I have no physical or mental condition which would
endanger myself or others if I participate in any event at Millican Reserve, or which would interfere
with my ability to participate in any activities at Millican Reserve.

I agree I will only enter Millican Reserve with the limited and revocable written permission of
Millican or under the supervision of a Program Partner, and I will abide by any rules promulgated by
Millican. My access to Millican Reserve is limited to the times and areas specifically permitted by
separate agreement with Millican or Program Partners.

HOLD HARMLESS, INDEMNITY, AND RELEASE

I UNDERSTAND THAT BY PARTICIPATING IN ACTIVITIES AT MILLICAN RESERVE THAT I TAKE
FULL RESPONSIBILITY FOR MYSELF. AS SUCH, I HEREBY WAIVE, RELEASE, COVENANT NOT
TO SUE, INDEMNIFY, AGREE TO HOLD HARMLESS, AND DISCHARGE FOR MYSELF, MY HEIRS,
EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, ASSIGNS AND SUCCESSORS IN
INTEREST ANY AND ALL RIGHTS AND CLAIMS WHICH I HAVE OR WHICH MAY HEREAFTER
ACCRUE TO ME AGAINST MILLICAN, ANY OF ITS EMPLOYEES, DESIGNATES OR HEIRS AND
ANY PROPERTY OWNERS, THROUGH OR BY WHICH THE ACTIVITIES WILL BE HELD FOR ANY
AND ALL LIABILITIES, CLAIMS, DEMANDS, SICKNESS OR DIESEASE (INCLUDING BUT NOT
LIMITED TO COVID-19 OR OTHER SICKNESS ASSOCIATED WITH ANY PANDEMICS), INJURIES
(INCLUDING DEATH), OR DAMAGES, INCLUDING COURT COSTS AND ATTORNEY’S FEES AND
EXPENSES, WHICH MAY OCCUR TO MYSELF, MY GUESTS, OTHER PARTICIPANTS, AND THIRDPERSONS AS A RESULT OF MY PARTICIPATION AND CONDUCT IN AN ACTIVITY AT MILLICAN
RESERVE, WHILE TRAVELING TO AND FROM MILLICAN RESERVE, OR WHILE ON THE
PREMISES OWNED, LEASED, OR CONTROLLED BY MILLICAN, INCLUDING INJURIES
SUSTAINED AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, NEGLIGENCE
PER SE, STATUTORY FAULT, OR STRICT LIABILITY OF MILLICAN.

INSURANCE (NOT PROVIDED):

My signature on this document below indicates that I understand my need to have a comprehensive
health, accident, and disability insurance plan that will pay for my complete care in the event I am
injured or disabled while at Millican Reserve. Furthermore, I fully understand that neither Millican
nor its affiliates maintain an insurance policy on my behalf nor will they provide insurance covering
any circumstance arising from my access to Millican Reserve or my participation in an activity at
Millican Reserve.

PANDEMICS/COVID-19

Unfortunately, we live in a world where pandemics are a real threat. COVID-19 is an extremely
dangerous virus and can lead to severe illness, injury and death. The undersigned acknowledges that
the facilities located within Millican Reserve are not maintained, cleaned or sanitized in a way to
control the spread of the COVID-19 virus and other viruses or disease and the use of the facilities
located within Millican Reserve could increase the risk of contracting COVID-19 and other viruses or
disease. The undersigned further acknowledges that the undersigned and all members of his/her
household will follow any and all guidelines issued by the Centers for Disease Control and
Prevention, federal, state or local governments or authorities concerning the use of the facilities
located within Millican Reserve and limiting the spread of the COVID-19 virus and other viruses or
disease. This includes, but is not limited to, adhering to capacity limitations, washing and
disinfecting your hands, no parties or gatherings, not using the facilities located within Millican
Reserve if you have been in close contact with a person who is lab confirmed to have the COVID-19
virus or other viruses or disease, or if you have a cough, shortness of breath, chills, muscle pain,
headache, sore throat, loss of taste or smell, diarrhea, fever or other symptoms of illness, and
maintaining at least six (6’) feet between you and other people who are not a part of your household,
and wearing a facemask if required. The undersigned acknowledges and agrees that the release,
indemnification and waiver provisions contained herein also include claims relating in any manner to
the COVID-19 virus and other viruses or disease whatsoever whether or not associated with a
pandemic.

MEDICAL AUTHORIZATION

I understand Millican and its affiliates cannot be expected to anticipate or control all of the risks
associated with the outdoor activity at Millican Reserve and may need to respond to emergency
situations including but not limited to serious injury. I hereby give my consent to receive medical
treatment, as determined by Millican, a Program Partner, other affiliates, or medical professional,
during or resulting from my participation in an activity at Millican Reserve. I, my heirs, executors,
administrators, legal representatives, assigns and successors in interest understand that the cost of
any treatment will be my sole responsibility and agree to indemnify and hold harmless Millican and
its affiliates for any costs incurred to treat me.

MEDIA RELEASE:

I grant permission to Millican and its affiliates to take and use photographs/digital images,
videotape, and/or audio recording or quoted remarks of me while at Millican Reserve. I agree to my
image, voice and likeness being used in promotional or educational materials. These materials might
include printed or electronic publications, websites or other electronic communications. I
acknowledge that the picture or recording taken for this project becomes the sole and exclusive
property of Millican. I hereby irrevocably consent to the unlimited use by Millican of my photograph
and all likenesses, photographs and reproductions of my face and/or body in any form, together with
all accompanying sound recordings, without limitation regarding the territorial, time or factual
range of use. I release Millican from any and all liability arising out of the use of my video
reproductions and sound recordings, including without limitation any claims arising out of my right
of privacy or right of publicity and any claims based on any distortions, optical illusions or faculty
mechanical reproductions of any such images. No compensation will be paid for this use.

VOLUNTARY SIGNATURE AND BINDING OF HEIRS AND
ASSIGNS:

I acknowledge and represent that I have read, understand, fully consent to, agree with all of the
preceding warnings and information, and voluntarily accept all terms and restrictions contained in
this Agreement. Furthermore, I agree for myself and my successors, that the representations
contained herein are contractually binding and are not mere recitals. I acknowledge that I have not
relied on any oral representations or statements from Millican nor any Program Partner apart from
the terms contained in this Agreement.

It is my express intent that this Agreement shall bind the members of my family and my spouse, if I
am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be
governed by the laws of the State of Texas.

This Agreement may not be modified orally and a waiver of any provision shall not be construed as a
modification of any other provision herein or as consent to any other provision herein or as consent
to any subsequent waiver or modification.

Please consult an attorney if you have any questions or concerns regarding this Agreement
including but not limited to the ramifications of executing this document.