Disclaimer for ZTX Ranch
Effective Date: July 15, 2025
PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE ACCESSING OR USING ANY SERVICES, FACILITIES, OR PROPERTY OF ZTX RANCH. BY ACCESSING, VISITING, OR USING ANY PART OF ZTX RANCH, ITS SERVICES, OR FACILITIES, YOU (HEREINAFTER REFERRED TO AS "VISITOR" OR "YOU") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS DISCLAIMER. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE ZTX RANCH PROPERTY OR SERVICES.
1. Assumption of Risk
ZTX Ranch is a privately owned and operated recreational property offering various activities including, but not limited to, river tubing, RV parking, tent camping, bounce house events, festivals, live events, and general outdoor recreation. Participation in any activities, or presence on the property, involves inherent risks, dangers, and hazards that can result in serious personal injury, death, and/or property damage. These risks include, but are not limited to:
- Natural Risks: Uneven terrain, slippery surfaces, rocks, roots, insects, snakes, spiders, wild animals, poisonous plants, changing weather conditions (including extreme heat, cold, rain, lightning, and wind), natural bodies of water (including currents, submerged objects, and waterborne pathogens), and other natural phenomena.
- Activity-Specific Risks: Risks associated with tubing (e.g., drowning, collisions, entrapment, hypothermia), camping (e.g., fire hazards, exposure, wildlife encounters), bounce house activities (e.g., falls, collisions, sprains, fractures, head injuries), and attending events (e.g., crowd-related incidents, loud noises, equipment failure).
- Human Element Risks: Negligence of other visitors, participants, or third parties, and your own negligence.
- Equipment Risks: Malfunction or failure of equipment not owned or maintained by ZTX Ranch, or improper use of equipment.
YOU VOLUNTARILY ACCEPT AND ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH YOUR PRESENCE ON ZTX RANCH PROPERTY AND PARTICIPATION IN ANY ACTIVITIES OFFERED OR UNDERTAKEN THEREON, EVEN IF ARISING FROM THE NEGLIGENCE OF ZTX RANCH OR OTHERS.
2. Release of Liability
In consideration for being permitted to access and use the property and services of ZTX Ranch, you, for yourself, your heirs, executors, administrators, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ZTX Ranch, its owners, officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or any property belonging to you, whether caused by the negligence of the Released Parties or otherwise, while on or using the premises or facilities of ZTX Ranch, or while participating in any activity offered by ZTX Ranch.
This release includes, but is not limited to, claims for personal injury, property damage, wrongful death, breach of contract, or any other claim arising from your presence at ZTX Ranch, to the fullest extent permitted by Texas law.
3. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and costs of litigation) incurred by the Released Parties as a result of any claims, demands, suits, or proceedings brought by third parties (including, but not limited to, other visitors, family members, or legal representatives) arising out of or in connection with your presence on ZTX Ranch property, your participation in any activities, or your breach of these terms, EVEN IF SUCH CLAIMS ARE ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES.
This indemnification obligation is intended to be as broad and inclusive as permitted by the laws of the State of Texas and shall survive your visit to ZTX Ranch.
4. Texas Recreational Use Statute (Texas Civil Practice and Remedies Code Chapter 75)
ZTX Ranch operates as a recreational property. Pursuant to the Texas Civil Practice and Remedies Code Chapter 75 (the "Texas Recreational Use Statute"), a landowner, lessee, or occupant who allows others to enter the premises for recreation does not assure that the premises are safe for that purpose, does not owe a duty to inspect the premises for safety, and does not owe a duty to give warning of a dangerous condition, use, structure, or activity on the premises. This statute limits the liability of ZTX Ranch for injuries sustained by visitors engaged in recreational activities on the property, except in cases of gross negligence, malicious intent, or bad faith. BY ENTERING ZTX RANCH, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS ARE SUBJECT TO THE LIMITATIONS SET FORTH IN THE TEXAS RECREATIONAL USE STATUTE.
5. Agritourism Act (Texas Agriculture Code Chapter 75A)
To the extent applicable, ZTX Ranch may also operate under the protections of the Texas Agritourism Act. This Act provides that a person engaged in an agritourism activity is not liable for an injury to or the death of a participant in an agritourism activity if the participant or the participant's parent or guardian has signed a warning statement that complies with the Act. A WARNING SIGN IS POSTED AT THE ENTRANCE TO ZTX RANCH AND AT VARIOUS LOCATIONS ON THE PROPERTY. YOUR ENTRY ONTO THE PROPERTY CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE WARNINGS CONTAINED THEREIN AND THE LIMITATIONS ON LIABILITY PROVIDED BY THE TEXAS AGRITOURISM ACT.
6. Personal Responsibility
Visitors are solely responsible for their own safety and the safety of any minors or dependents accompanying them. You are responsible for assessing your own physical capabilities and the suitability of any activity for yourself and your party. You must exercise caution, follow all posted rules and instructions, and adhere to any verbal directions given by ZTX Ranch staff. Children must be supervised by a responsible adult at all times.
7. Rules and Regulations
All visitors must comply with all rules, regulations, and policies of ZTX Ranch, whether posted, communicated verbally, or implied by the nature of the activities. Failure to comply may result in immediate removal from the property without refund.
8. Severability
If any provision of this Disclaimer is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Disclaimer unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.
9. Governing Law and Jurisdiction
This Disclaimer shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to this Disclaimer or your use of ZTX Ranch shall be subject to the exclusive jurisdiction of the state and federal courts located in Hays County, Texas.
10. Acknowledgment
BY ENTERING ZTX RANCH, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND COMPETENT TO ENTER INTO THIS AGREEMENT, OR IF YOU ARE A PARENT OR LEGAL GUARDIAN, YOU ARE SIGNING ON BEHALF OF A MINOR AND AGREE TO BE BOUND BY THESE TERMS ON THEIR BEHALF. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE REGARDING THIS DISCLAIMER.
ZTX Ranch
1980 Scull Rd, San Marcos, TX 78666
info@ztxranch.com
Website: ztxranch.com