Landowner Liability Release of Liability Waiver and Indemnity Agreement

This Release of Liability Waiver and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between:

  • [Landowner Name], residing at [Landowner Address] ("Landowner"), and
  • [Visitor Name], residing at [Visitor Address] ("Visitor").

WHEREAS, Landowner owns or controls real property located at [Property Address] (the "Property"); and

WHEREAS, Visitor desires to enter upon the Property for the purpose of [Purpose of Visit (e.g., hiking, camping, hunting)];

IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows:

1. Acknowledgement of Risk. Visitor acknowledges and understands that entering the Property involves inherent risks, including but not limited to:

  • Risk of injury from uneven terrain, wildlife encounters, or natural hazards (e.g., falling rocks, falling trees)
  • Risk of injury from use of facilities or equipment (if applicable)
  • Risk of injury from the actions of other visitors

Visitor understands that these risks cannot be eliminated and voluntarily assumes all risks associated with entering the Property.

2. Assumption of Risk. Visitor assumes all risk of injury or property damage arising out of or in any way connected with entering the Property, regardless of the cause of such injury or damage.

3. Release of Liability. Visitor hereby releases, discharges, and waives any and all claims, demands, losses, damages, rights of action or causes of action of any kind, known or unknown, arising out of or in any way connected with entering the Property, including but not limited to:

  • Personal injury (including death)
  • Property damage

4. Waiver of Claims. Visitor waives any and all rights and benefits conferred by any statute or regulation that would otherwise limit the effect of this Agreement, to the fullest extent permitted by law.

5. Hold Harmless. Visitor agrees to hold harmless, indemnify, and defend Landowner from any and all claims, demands, losses, damages, rights of action, or causes of action (including attorney's fees and court costs) arising out of or in any way connected with Visitor's entry upon the Property, except for those resulting from Landowner's gross negligence or willful misconduct.

6. Rules and Regulations. Visitor agrees to comply with all posted rules and regulations regarding use of the Property. Landowner reserves the right to exclude Visitor from the Property for any violation of these rules or for any reason deemed necessary by Landowner.

7. Minors. If Visitor is a minor, a parent or legal guardian must also sign this Agreement, signifying their consent for the minor to enter the Property and assuming all responsibility for the minor's actions.

8. Medical Emergencies. Visitor acknowledges that access to emergency medical services on the Property may be limited. Visitor is responsible for arranging their own transportation in case of a medical emergency.

9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

11. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.

13. Signature Requirements

  • Visitor Signature:

Print Name:

Date:

  • Parent/Guardian Signature (if applicable):

Print Name:

Relationship to Visitor:

Date:

  • Landowner Signature:

Print Name:

Date:

Disclaimer: This template is for informational purposes only and should not be considered a substitute for legal advice. It's highly recommended to consult with a lawyer to ensure your Landowner Liability Release of Liability Waiver and Indemnity Agreement meets all legal requirements in your jurisdiction and effectively protects your property.