and the property, located at Campo Rio Ranch, 9297 Ranch Rd 335,Barksdale, TX 78828.
2. Period of Stay. Period of stay shall be a minimum of 2-consecutive nights,beginning on:
ADDENDUM A
WAIVER AND RELEASE OF LIABILITY
Landowner. Landowner shall mean Fidelity Partners Services, LLC, and shall include the Campo Rio Ranch,
LLC Mission Transition Foundation, Nueces River Cabins, any persons, or entities that may have an interest
in or otherwise affiliated, including but not limited to its owners, officers, members, stockholders, directors,
and their heirs; singular, multiple, and collectively herein referred to as the "Landowner" or “Company”.
Property. Property shall mean a certain tract of land owned by Landowner, located in Real County,
Texas with a 911 Address of 9297 Ranch Road 335, Real County, Texas 7882 also known in part or whole
from time to time as “Campo Rio Ranch” “Mission Transition” and “Camp Transition”.
Visitor or Guest. Visitor or Guest shall mean singular, multiple, and collectively any
individual social and nonsocial adult or minor invitees and or accompanied minors including
but not limited to friends, employees, partners, associates, contractors or other persons
unknown who have signed this Agreement, having been granted access to the Property by the Landowner.
Visitors
that bring minor invitees on the Property whether parent, legal guardian, or responsible party, shall bear
the sole and exclusive responsibility for the oversight and safety of the minor while on the Property and
agree that the Landowner shall not under any circumstance accept any responsibility or liability for the
conduct or safety of any minor on the property.
Trespasser. Trespassers shall mean any individual, visitor or entity who has not signed this
Agreement prior to accessing the Property, and/or are otherwise on the Property or without the
expressed, written consent of the Landowner; said persons or entities shall have no rights,
authority, invitation, or permission to be on the Property and shall be subject to prosecution
under criminal trespassing laws of the State of Texas (Texas Penal Code § 30.05. Criminal Trespass).
THE UNDERSIGNED VISITOR(S) HEREBY CONVEYS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND THEMSELVES,
ANY AND ALL ITS ACCOMPANYING INVITEES INCLUDING MINORS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
VISITOR(S) ACKNOWLEDGES AND AGREES THAT VISITOR(S) AND ITS INVITEES ARE VISITING THE PROPERTY FOR THEIR CONVENIENCE,
ENJOYMENT, AND/ OR BENEFIT AT THEIR SOLE RISK, AND IN CONSIDERATION THEREOF AGREE TO THEIR REPRESENTATIONS MADE HEREIN.
VISITOR(S) IS REQUIRED TO ACCOMPANY AND SUPERVISE MINORS AND OTHER INVITEES AT ALL TIMES WHILE ON THE PROPERTY.
VISITOR(S) UNDERSTANDS AND ACKNOWLEDGES THE FOLLOWING DISCLAIMERS AND WARNINGS, AND EXPRESSLY AND KNOWINGLY ASSUMES
THE RISK POSED BY THE FOLLOWING NOTED CONDITIONS AND POTENTIAL HAZARDS:
THE PROPERTY BORDERS THE NUECES RIVER AND CREEKS, WHICH CONSISTS OF BOTH SHALLOW AND DEEP WATER.
THE RIVER MAY HAVE FAST-MOVING WATERS AND FLASH FLOODS WITHOUT NOTICE. SWIMMING, OR WADING IS
PERMITTED ONLY 30 MINUTES AFTER SUNRISE AND UP TO 30 MINUTES BEFORE SUNSET. LANDOWNER WARNS VISITOR(S)
THAT THERE ARE NO LIFEGUARDS ON DUTY AT ANY TIME. UNDER NO CIRCUMSTANCE IS SWIMMING OR WADING PERMITTED IN THE RIVER AFTER DARK.
THERE ARE NO HOSPITALS, CLINICS, OR EMERGENCY MEDICAL SERVICES ON OR NEAR THE PROPERTY. VISITOR(S) SHOULD RESEARCH AND
PLAN FOR POTENTIAL MEDICAL NEEDS AND EMERGENCY SERVICES, INCLUDING EMERGENCY MEDICAL TRANSPORT SERVICES AVAILABLE TO THEIR
HOME AREAS, PRIOR TO ARRIVING ON THE PROPERTY. IN THE EVENT OF AN EMERGENCY, VISITOR(S) SHOULD CALL 911 IMMEDIATELY.
THERE ARE POTENTIALLY HAZARDOUS AND DANGEROUS CONDITIONS ON THE PROPERTY FROM WILDLIFE INCLUDING INSECTS (WASPS,
AFRICANIZED HONEYBEES, HORNETS, FIRE ANTS), ARACHNIDS (SPIDERS) SCORPIONS, , CENTIPEDES, MILLIPEDES, MITES, TICKS,
BIRDS, FISH, SNAKES, FERAL AND DOMESTIC DOGS, CATS, PIGS, GOATS, SHEEP, DEER, ANTELOPE, ELK, SKUNKS, RACCOONS, BEARS,
BADGERS, SQUIRRELS, PORCUPINES, COYOTES, MOUNTAIN LIONS, BOBCATS AND OTHER WILDLIFE. ADDITIONALLY, THERE ARE ACTIVE
BEEHIVES ON THE PROPERTY. VISITOR ACKNOWLEDGES THAT SUCH WILDLIFE IS AN INTEGRAL AND NATURAL PART OF THE PROPERTY’S
ECOSYSTEM, AND ITS PRESENCE, ACTIVITIES, BEHAVIOR, AND ANY THREAT POSED OR INJURY CAUSED THEREBY, IS BEYOND THE
CONTROL, AND NOT THE RESPONSIBILITY, OF LANDOWNER.
CONSUMPTION OF ALCOHOLIC BEVERAGES IS PERMITTED ON THE PROPERTY FOR THOSE OF LEGAL DRINKING AGE, HOWEVER, NOT TO ACCESS,
AND ABSOLUTELY NO ILLEGAL OR CONTROLLED SUBSTANCES MAY BE BROUGHT ON TO THE PROPERTY BY VISITOR(S) OR THEIR INVITEES.
LANDOWNER CANNOT REASONABLY CONTROL THE CONDUCT OF ALL VISITOR(S) AT ALL TIMES, NOR WHAT IS BROUGHT ONTO THE PROPERTY WITHOUT
AUTHORIZATION. THEREFORE, LANDOWNER WARNS VISITOR(S) THAT SUCH ILLEGAL OR CONTROLLED SUBSTANCES MAY BE PRESENT WITHOUT
CONSENT FROM TIME TO TIME ON THE PROPERTY. IF VISITOR(S) IS AWARE OF ANY ILLEGAL ACTIVITIES ON THE PROPERTY, THEY SHOULD
CALL LOCAL LAW ENFORCEMENT OR 911 AS SOON AS POSSIBLE.
LIFE-THREATENING ALLERGIES TO INSECT BITES, VEGETATION OR PATHOGENS OCCURRING IN NATURE ARE PRESENT ON THE PROPERTY. VISITOR(S)
AND THEIR INVITEES WITH ALLERGIES SHOULD STRONGLY CONSIDER NOT VISITING THE PROPERTY OR BE PREPARED TO HAVE THE APPROPRIATE
MEDICATIONS OR TREATMENT WITH THEM AT ALL TIMES.
LANDOWNER MAKES NO WARRANTY TO SAFE CONDITIONS ON THE PROPERTY NOR TO SAFETY OR COMPLIANCE TO ANY BUILDING CODE OR OTHER
SAFETY STANDARDS OF CABINS, STRUCTURES, UTILITIES EQUIPMENT, VEHICLES, TOOLS, MATERIALS, APPLIANCES OR OTHER MECHANICAL OR ELECTRICAL DEVICES.
VISITOR(S) FREELY AND WILLINGLY AGREES TO THE FOLLOWING CONDITIONS:
NOT TO CARRY OR USE FIREARMS (WEAPONS), HUNT, FISH, KAYAK, CANOE, SWIM, BRING PETS, DRIVE OFF DESIGNATED ROADS, USE ATVS, UTVS,
DIRT BIKES, OR NON-STREET LEGAL VEHICLES OFF ROADS, WITHOUT THE PRIOR WRITTEN CONSENT OF LANDOWNER. IF THE CONSENT IS GRANTED, VISITOR(S)
AGREES THAT VISITOR(S) WILL ABIDE BY ALL LAWS, REGULATIONS, SAFETY RULES, AND BE SOLELY AND EXCLUSIVELY LIABLE FOR ANY DAMAGE OR INJURIES
TO SELF, OTHER PERSONS AND PROPERTY RESULTING FROM SUCH CONSENT.
VISITOR(S) AGREES TO PAY FOR ANY AND ALL DAMAGE DONE TO PROPERTY INCLUDING STRUCTURES AND EQUIPMENT, AND TO REIMBURSE LANDOWNER FOR OR
REPLACEMENT, REPAIR OR RECOVERY OF ANY DAMAGED PROPERTY. VISITOR(S) AUTHORIZES LANDOWNER TO CHARGE TO VISITOR(S) CREDIT CARD OR OTHER
ACCOUNTS ON FILE THE REASONABLE, ESTIMATED COST OF SUCH REPLACEMENT, REPAIR, OR RECOVERY.
NOTWITHSTANDING GROSS NEGLIGENCE UNDER CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE, TO DISCLOSE ALL KNOWN OR UNKNOWN POTENTIAL HAZARDS.
TO INDIVIDUALLY AND COLLECTIVELY WAIVE AND FORGO ALL APPLICABLE LEGAL RIGHTS AND REMEDIES AVAILABLE TO VISITOR(S), INVITEES, FAMILY, HEIRS,
SUCCESSORS AND ASSIGNEES TO SUE LANDOWNER OR AFFILIATES, AND SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS LANDOWNER FROM AND AGAINST
ALL THIRD PARTY CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES
THEREOF OR GROSS NEGLIGENCE OF LANDOWNER, ARISING IN CONNECTION HEREWITH OR, ON ACCOUNT OF (A) BODILY INJURY, (B) DEATH, OR (C) DAMAGE TO
PROPERTY, (D) EMOTIONAL AND OR PSYCHIATRIC INJURY, AND (E) ANY OTHER CLAIM AGAINST LANDOWNER.
IN NO EVENT SHALL LANDOWNER, ITS AFFILIATES OR EACH OF THEIR PARTNERS, PRINCIPALS, AGENTS, SERVANTS, PERSONNEL, OFFICERS AND DIRECTORS
BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE OR EXPENSE RELATING TO THIS AGREEMENT,
NOR SHALL LANDOWNER BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST VISITOR(S) BY ANY THIRD PARTY, REGARDLESS OF WHETHER EITHER PARTY HAS
BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. VISITOR(S) HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY
LAW, ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) OR OTHERWISE) RELATING TO THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO THE FULLEST EXTENT
OF THE LAW, WHETHER IN CONTRACT, STATUTE, TORT (SUCH AS NEGLIGENCE), OR OTHERWISE. THE VISITOR(S) ACKNOWLEDGES AND AGREES,
REGARDLESS OF THE PLACE THIS AGREEMENT HAS BEEN ACCEPTED AND MADE PERFORMABLE, THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS
OF THE PARTIES HERETO SHALL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO
PRINCIPLES OF CONFLICT OF LAWS. VISITOR(S) AGREES THAT THE EXCLUSIVE VENUE FOR RESOLUTION OF ANY DISPUTE BETWEEN THE PARTIES
RELATED TO THE SUBJECT MATTER HEREOF SHALL BE IN LEAKEY, REAL COUNTY, TEXAS OR AS OTHERWISE SPECIFIED BY LANDOWNER AT ITS SOLE DISCRETION.
BY SIGNING BELOW, VISITOR(S) ACKNOWLEDGES THAT VISITOR(S) HAS READ, UNDERSTOOD, AND WILLINGLY AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND PROPERTY RULES & REGULATIONS, EFFECTIVE AS OF DATE SIGNED AND THAT THIS AGREEMENT SHALL CONTINUE IN EFFECT AT ALL TIMES WHILE VISITING THE PROPERTY, FOR A PERIOD OF TEN YEARS THEREAFTER. VISITOR(S) FURTHER AGREES THAT NO ORAL STATEMENTS, REPRESENTATIONS, OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE TO OBTAIN VISITOR(S) CONSENT.
NOT WITHSTANDING TERMS AND CONDITIONS HEREIN, SHOULD GUEST BE SUCCESSFUL IN LEGAL ACTIONS AGAINST THE LANDOWNER,
GUEST AGREES TO LIMIT THE AMOUNT OF TOTAL DAMAGES SOUGHT IN SUCH ACTIONS INCLUSIVE OF ITS INVITEES, TO BE THE
LESSER OF THE DEPOSIT AMOUNT OR $5,000.00.
ELECTRONIC SIGNATURES. PARTIES AGREE THAT THIS AGREEMENT AND ANY OTHER DOCUMENTS TO BE DELIVERED IN CONNECTION
HEREWITH MAY BE ELECTRONICALLY SIGNED, AND THAT ANY ELECTRONIC SIGNATURES APPEARING ON THIS AGREEMENT OR SUCH OTHER
DOCUMENTS ARE THE SAME AS HANDWRITTEN SIGNATURES FOR THE PURPOSES OF VALIDITY, ENFORCEABILITY, AND ADMISSIBILITY.
ADDENDUM-B
PROPERTY RULES & REGULATIONS
Campo Rio, Fidelity Partners’ Nueces River Retreat, and Mission Transition Foundation have adopted the rules and
regulations below to protect the land for future generations as well as for the safety and convenience of current
guest(s). We ask that you leave no trace of your visit to ensure the land remains beautiful and to reduce the possibility
of injury or ecological disruption to wildlife habitats. Must comply with terms of use/visitor registration.
Motorized Vehicle Rules
- Driver must have proof of valid auto insurance in vehicle.
- Only street legal vehicles are permitted.
- Vehicles must have a valid state registration sticker attached.
- No more than two vehicles per cabin.
Activity Rules
- Maximum Speed Limit of 5 MPH.
- Vehicles must stay on existing designated roads.
-
Vehicles must park only in designated areas.
Vehicles with oil or other fluid leaks are not permitted.
- Do Not harm or infringe on other guests’ rights and enjoyment.
- No glass containers including beer or wine bottles (permitted in cabins only).
- No Portable gas, fuels or other flammable materials.
- No Vehicle repair, maintenance, or abandonment.
-
No Dumping trash or debris (except in designated area).
No Feeding or harassing animals.
- No Cutting, damaging or removal of trees or other vegetation.
- No digging, collecting or removal of fossils, arrowheads, or other artifacts.
- No Carrying weapons of any sort, including guns, bows, crossbows, etc.
- No excessive loud noise and/or music at any time.
- No driving any motor vehicles off designated roads or areas.
- No use of ATVs, UTVs, or Dirt Bike and must remain on trailer.
- No hunting, swimming, fishing, and fires without Landowners written authorization.
