SAUKENUK RANCH

Release and Indemnification.

I hereby expressly release, waive, hold harmless and indemnify Saukenuk Ranch, LLC, a Texas limited liability company, Saukenuk Ranch's partners, officers, directors, members, owners, agents, employees and lenders, Marshall B. Payne and Dee Ann V. Payne and each of their respective successors and assigns (collectively, "The Ranch Parties") from any and all, liabilities, claims, demands, causes of action or damages (including attorneys' fees and costs), including without limitation any claims which result in personal injury, death, pain or damage to any persons or to any property, resulting from any accident, mishap, occurrence or omission incidental to, arising out of, or in any way resulting from my entrance upon or use of Saukenuk Ranch (900, 980 and 1000 Sides Road, 4349 Village Bend Road et al, collectively "Saukenuk Ranch") and its facilities, the "Properties" or individually a "Property"), REGARDLESS OF WHETHER THE SAME IS CAUSED BY OR THE RESULT OF THE SOLE, JOINT, CONTRIBUTORY OR CONCURRENT, ACTIVE OR PASSIVE, ORDINARY OR GROSS NEGLIGENCE (BUT NOT WILLFUL MISCONDUCT) OF ANY OF THE INDEMNIFIED PARTIES.

Assumption of Risk.

I hereby assume full responsibility for any and all risks and for all claims, actions, liabilities, losses, damages, and expenses (including, but not limited to, attorneys' fees and costs) for personal injury, pain or death and property loss or damage (collectively the "Losses") incurred by me or arising out of or in connection with my entry, presence or activities upon Saükenuk Ranch. I further understand, acknowledge and accept the 'as-is' conditions and risks pertaining to Saukenuk Ranch including, but not limited to, the following: (1) Saukenuk Ranch is in an unimproved semi-wilderness state and The Ranch Parties have no obligation to improve or repair the property or to make it safe or to warn of dangerous conditions, latent or patent; (2) a wide variety of dangerous and unexpected conditions exist on Saukenuk Ranch because it is in an unimproved, semi-wilderness state; (3) other activities may be conducted concurrently upon Saukenuk Ranch while I am there including, but not limited to, hunting, skeet shooting, woodcutting, managing livestock and wildlife, oil and gas exploration, constructing and maintaining roads, fences, pipelines, utility lines and other improvements and other activities that may create safety hazards; (4) other persons may be present within the same area, and my activities need to be conducted in a careful and prudent manner with due regard for the safety and well-being of other persons; (5) other persons may be on Saukenuk Ranch, both with or without permission or knowledge of The Ranch Parties, and The Ranch Parties have no control over the actions of such persons and is not responsible for protecting me against any dangerous or illegal activities of such persons; and (6) the acts or omissions (including active or passive negligence and gross negligence, but not willful misconduct) of The Ranch Parties may result in my experiencing losses, damages or bodily injury (including death). The risks assumed include all risks which may not now be foreseeable or within the reasonable contemplation by me or The Ranch Parties. I, for myself, heirs, legal representatives and assigns covenant not to sue Saukenuk Ranch or The Ranch Parties for any Losses.

Special Care: Water Activities.

I understand that Texas Law and the rules at Saukenuk Ranch require all children and adults who cannot swim to wear life preservers on or near the water, and I agree to comply with those laws and rules. I acknowledge that it is my responsibility to provide a suitable life preserver flotation device for myself, my children and all other members of my party. As an adult, I may elect to exercise my right not to wear a life preserver. Regardless of my decision of whether or not to wear the life preserver, I waive any claims against, and I direct my heirs to seek no damages from, Saukenuk Ranch or The Ranch Parties should I accidentally be injured or die in the pools, ponds or the Brazos River on or near Saukenuk Ranch.

Special Care: Operating Motorized Vehicles.

I understand that Texas Law and the rules at Saukenuk Ranch require a valid State Driver's License to operate all vehicles, including but not limited to Gators and Jeeps, and agree to comply with those laws and rules. I understand that there are gravel roads throughout the property and I will adhere to driving only on those roads. I indemnify Saukenuk Ranch if I, anyone I bring to Saukenuk Ranch or any minor under my supervision is injured or dies due to driving on the property.

Special Care: Hiking and Biking.

I am fully aware there are inherent dangers in hiking and biking. I understand that hidden obstructions, rough terrain, unpredictable conditions, thorns, wildlife, deadly snakes and insects are especially prevalent on the property. I understand the danger involved and hereby agree to accept all risks and responsibilities for injury, death, or property loss for myself and for any of the minors I am supervising.