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Tulsa Trail Riders Rules for Zink Ranch

  • We are pleased to have you as our guests.  We want you to enjoy your use of our facilities located here within the Zink Ranch (“Ranch”).

     

    The Ranch is a well-known, bona fide Tulsa-area landmark.  Our facilities are part of thousands of beautiful acres which offer amenities such as hiking, fishing, and camping, to other groups, including the Boy Scouts of America, Girl Scouts and the Tulsa Red Castle Gun Club.  We are proud to be associated with all of these Ranch uses, and we appreciate the combined reputation which we’ve earned together.

     

    To be sure our expectations and requirements are clear, we’ve put down in writing some of the basic rules governing your use of our facilities and time at the Ranch.  These will probably seem like common sense, but we’d rather just get these on the table than assume too much.  On the next page, we ask that you sign and acknowledge that you’ve read and understand these basic rules and to also acknowledge that you are waiving and releasing your ability bring claims or seek damages for injury to your person or property.

     

    1. Permitted Areas: The “Permitted Areas” are the specific areas that you have requested to use and have been approved by the Ranch employees.

     

    You agree to stay with your group at all times, and not to enter on or use any other area of the Ranch for any purpose (including but not limited to any Boy Scouts’ facilities, Girl Scouts’ facilities, any Tulsa Red Castle Gun Club facilities, fishing, hiking, or any other area outside of the Permitted Areas).  Further, you agree to use each of the Permitted Areas only for its designated purpose.

     

    1. Usage Times: You are allowed access to the Permitted Areas only during the specific times designated by the Ranch employees.  You agree not to arrive before, nor stay on the Zink Ranch after, the date and times designated by our staff for your group.

     

    1. Safety and Conduct: You agree to conduct yourself with the utmost regard for safety, including the use of proper eye and ear protection, strict prohibition of any alcohol or drugs, and during all driving on Ranch property.  You and those accompanying you are welcome guests of the Ranch and are expected to conduct yourselves accordingly.  You must stay at all times with your group and comply with all instructions given by Ranch employees.  Further, you agree to comply with any reasonable instruction given you by any Ranch employee, and if any Ranch employee or representative asks you to leave the Ranch for any reason, you agree to do so peaceably and immediately.

     

    1. Property and Risk of Loss; Waiver and Release: You agree that the risk of loss, in whole or in part, of your vehicle(s) and other personal property, and any risk of personal injury or death to you or to any minor children or member of your family, occurring as a result of or in any way connected with your use of or presence at Ranch property or facilities, is yours alone, and you agree to and hereby do irrevocably waive, completely release, forever discharge and indemnify the Ranch, the John Zink Foundation, Zink Ranch, LLC, Zeeco, Inc. and all of their trustees, officers, directors, owners, affiliates, employees, insurers, volunteers, independent contractors, and representatives, and the Indian Nations Council, Inc., Boy Scouts Of America, an Oklahoma non-profit corporation; the Girl Scouts of Eastern Oklahoma, Inc., an Oklahoma non-profit corporation; the Tulsa Red Castle Gun Club, Corp., an Oklahoma non-profit corporation and all of their directors, officers, employees, volunteers and representatives, from any and all claims, liabilities, losses, damages, costs and expenses arising therefrom, regardless of the nature or cause of any loss or damage, including the partial or sole negligence of any of the aforementioned indemnitees.

     

    1. Training and Orientation: These rules, and the waiver and release of liability, apply to all members of your group.  It is your responsibility, and you agree, to help ensure that all members of your group who are participating in activities at the Ranch, understand and abide by these rules.

     

    I have read the information, rules and waiver/release of liability in this document.  On behalf of myself, and/or my minor children, I understand and agree to abide by them.  My use at any time of the Permitted Areas or other portion of the Ranch, or use thereof by my minor children, will be deemed to be a re-affirmation of my continuing agreement with these rules and express acknowledgment of and consent to the waiver and release of liability contained herein.

ZINK RANCH ADULT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

RELEASE AND WAIVER OF LIABILITY This Release and Waiver of Liability is executed by the undersigned individual (“Participant”) (or if a minor, then by the parent/guardian of such Participant) as of the date below written. A. Participant has requested permission to travel onto, use and enjoy certain real property and improvements owned by the John Zink Foundation (the “Foundation”) and/or Zink Ranch, LLC (with such real property and improvements being referred to collectively as the “Zink Ranch”). B. As a condition to allowing Participant access to the Zink Ranch, the Foundation requires that Participant execute this Release and Waiver of Liability. NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant agrees as follows: 1. Participant understands that during his/her activities on the Zink Ranch premises, he/she may be exposed to a variety of risks, foreseen or unforeseen, which are inherent in such activities and cannot be eliminated without destroying the unique character of such activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damages”). Participant acknowledges and understands that Injuries and Damages can occur by natural causes or by actions of other persons or animals, either as a result of negligence or because of other reasons. Participant further understands and agrees that there may not be rescue/medical facilities or expertise necessary to deal with the Injuries and Damages to which he/she may be exposed and that, in any event, there shall not be any duty to provide such rescue/medical facilities or expertise. 2. Participant, for him/herself, his/her heirs, personal representatives and assigns, hereby unconditionally and irrevocably releases, indemnifies, discharges and acquits the Foundation, Zink Ranch, LLC, Zeeco, Inc., The John Smith Zink Foundation, all of their officers, directors, trustees, affiliates, insurers, owners, agents, and employees, Darton Zink, Jamie Zink, any other entities or individuals who have authorization to utilize the Zink Ranch premises, and the respective successors and/or assigns of all the above-named entities and individuals from any and all damages, claims, demands, causes of action, actions, rights, debts, losses, liabilities, lawsuits, and demands whatsoever, at law, in equity, by statute or otherwise, arising out of or in any way relating to Participant’s activities on the Zink Ranch premises, whether caused by the negligence of any of the above-named entities/individuals or otherwise. 3. Participant hereby assumes full responsibility for any risk of Injuries and Damages he/she may incur arising out of or in any way relating to Participant’s activities on the Zink Ranch premises, whether caused by the negligence of any of the entities/individuals named in Paragraph 2 or otherwise. 4. This document is intended to be as broad and inclusive as permitted by law. If any provision or any part of this document is held to be invalid or legally unenforceable for any reason, the remainder of this document shall not be affected thereby and shall remain valid and enforceable to the fullest allowable extent. 5. PARTICIPANT HAS CAREFULLY READ THIS DOCUMENT, UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. PARTICIPANT HAS SIGNED THIS DOCUMENT FREELY AND VOLUNTARILY, AND WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE. PARTICIPANT INTENDS HIS/HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 

ADULT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to participate in any way in the use of the SCIPIO RECREATIONAL TRAIL AREA ( hereinafter referred to as “TRAIL AREA”) THE UNDERSIGNED, for himself/ herself, his/ her personal representatives, heirs, and next of kin:

 

1. Acknowledges, agrees, and represents that he / she has or will immediately upon entering the TRAIL AREA, and will continuously thereafter, inspect the TRAIL AREA and he/ she further agrees and warrants that, at any time, he I she is in or about the TRAIL AREA and he / she feels anything to be unsafe, he / she will immediately advise the facility operators of such and will leave the TRAIL AREA and/ or cease to participate further in the use of the TRAIL AREA.

2. HEREBY COVENANTS NOT TO SUE, AND RELEASES, WAIVES, AND DI CHARGES the owners of the TRAIL AREA, facility operators, officials, rescue personnel, participants, riders, vehicle owners, promoters, sponsors, advertisers, racing associations, sanctioning organizations, premises inspectors, surveyors, underwriters / brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss conti·ol activities, regarding the TRAIL AREA and for each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “RELEASEES” from ALL LIABILITY, ON ANY LEGAL THEORY, TO THE UNDERSIGNED, his/ her personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE USE OF THE TRAIL AREA, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. HEREBY AGREES TO INDEMIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST he/ she may incur arising out of, or related IN ANY MANNER, TO HIS/ HER ATTENDANCE AT, OR PARTICIPATION IN THE USE OF THE TRAIL AREA.

4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of, or related to, the use of the TRAIL AREA, whether caused by the NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. HEREBY acknowledges that THE ACTIVITIES AS SOCIA TED WITH THE USE OF THE TRAIL AREA ARE VERY DANGEROUS and involve the risk of serious injury and/ or property damage. THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. HEREBY agrees that this Release and Waiver of Liability and Indemnity Agreement extends to all acts of negligence by the RELEASEES, and is intended to be as broad and inclusive as is permitted by the laws of the State of Oklahoma, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

MINOR RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION for allowing the below MINOR to participate in any way in the use of the SCIPIO RECREATIONAL TRAIL AREA ( hereinafter referred to as “TRAIL AREA”) EACH OF THE UNDERSIGNED, for himself/ herself, his/ her personal representatives, heirs, and next of kin agrees that:

1. THE MINOR AND PARENT OR GUARDIAN will immediately upon entering the TRAIL AREA, inspect the TRAIL AREA and warrants that their entry therein and the MINORS participation in the use of the TRAIL AREA constitutes an acknowledgement that they have inspected the TRAIL AREA and find it safe and reasonably suited for the purpose of its use. The undersigned agree that if at any time in the TRAIL AREA they believe anything to be unsafe, they will immediately advise the facility operators of such and will leave the TRAIL AREA and / or cease to participate further in the use of the TRAIL AREA.

2. THE MINOR AND PARENT OR GUARDIAN COVENANT NOT TO SUE, AND RELEASE, WAIVE, AND DI CHARGE the owners of the TRAIL AREA, facility operators, officials, rescue personnel, participants, riders, vehicle owners, promoters, sponsors, advertisers, racing associations, sanctioning organizations, premises inspectors, surveyors, underwriters / brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities, regarding the TRAIL AREA and for each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “RELEASEES” from ALL LIABILITY, ON ANY LEGAL THEORY, TO THE MINOR AND/ OR PARENT OR GUARDIAN, their personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES, ON ACCOUNT OF INJURY TO THE MINOR AND/ OR PARENT OR GUARDIAN INCLUDING, BUT NOT LIMITED TO, DEATH OF THE MINOR AND/ OR PARENT OR GUARDIAN ARISING OUT OF OR RELATED TO THE USE OF THE TRAIL AREA, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. THE PARENT AND I OR GUARDIAN WILL INDEMIFY, AND SA VE AND HOLD HARMLESS, the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of, or related IN ANY MANNER, TO THEIR ATTENDANCE AT, OR PARTICIPATION IN THE USE OF THE TRAIL AREA, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

4. THE MINOR AND PARENT OR GUARDIAN WILL ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of, or related to, the use of the TRAIL AREA, whether caused by the NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

5. THE MINOR AND PARENT OR GUARDIAN recognize and understand that THE ACTIVITIES ASSOCIATED WITH THE USE OF THE TRAIL AREA ARE VERY DANGEROUS and involve the risk of serious injury and/ or property damage. THE MINOR AND PARENT OR GUARDIAN also expressly acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. This Release and Waiver of Liability and Indemnity Agreement extends to all acts of negligence by the RELEASEES, and is intended to be as broad and inclusive as is permitted by the laws of the State of Oklahoma, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.