{"id":144158,"date":"2026-06-25T13:43:47","date_gmt":"2026-06-25T19:43:47","guid":{"rendered":"https:\/\/nationalbison.org\/?page_id=144158"},"modified":"2026-07-06T12:40:21","modified_gmt":"2026-07-06T18:40:21","slug":"event-erf","status":"publish","type":"page","link":"https:\/\/nationalbison.org\/event-erf\/","title":{"rendered":"Event NDA"},"content":{"rendered":"\n

Event NDA<\/h1>\n\n\n\n
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EVENT PARTICIPATION RELEASE and ASSUMPTION OF RISK<\/strong> INHERENT IN RECREATIONAL ACTIVITY<\/strong><\/h3>\n\n\n\n

R E C I T A L S<\/strong><\/h3>\n\n\n\n

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The undersigned (the “Participant”), has sought and obtained approval to participate in the National Bison Association Summer Conference (the “Event”), scheduled for July 18, 2026, hosted by Deep Creek Ranch and Management III, LLC (“DCRM”) in partnership with the National Bison Association. The Event will include a range of recreational activities, including but not limited to hiking, driving and\/or riding off-road vehicles, horseback riding and activities which may involve being around cattle and\/or bison (“Recreational Activities”) on property owned by DCRM located in Teton County, Montana (the “Deep Creek Property”);<\/p>\n\n\n\n

The Recreational Activities have inherent risks which may result in serious bodily injury or death and the Participant is executing this Release and Assumption of Risks Inherent in Recreational Activity (the \u201cRelease\u201d) at his\/her sole discretion and as a condition to engaging in Recreational Activities on the Deep Creek Property; and<\/p>\n\n\n\n

The Participant agrees to release DCRM and all affiliated entities and all associated persons, including the members and officers of DCRM (collectively, the \u201cDCRM Parties\u201d) from liability relating to the Participant\u2019s participation in such Recreational Activities.<\/p>\n\n\n\n

NOW, THEREFORE, in consideration of participation in the Recreational Activities, and pursuant to M.C.A. \u00a7\u00a7 70-16-301 through 70-16-302 and MCA \u00a7\u00a7 27-1-751 through 27-1-754, the Participant represents and agrees as follows:<\/p>\n\n\n\n

I. RELEASE AND INDEMNITY AGREEMENT<\/strong><\/p>\n\n\n\n

A.<\/strong> I hereby release the DCRM Parties and all associated persons from liability for any accident, damage or adversity in which I may be involved and for any and all injuries I may sustain while attending the Event and\/or engaged in any Recreational Activities. It is understood that this release extends to related landowners, members, owners, trainers, independent contractors, employees, agents, and any other individuals related to the DCRM Parties.<\/p>\n\n\n\n

B.<\/strong> As a participant in the Event and any Recreational Activity, I recognize that Recreational Activities involve certain inherent risks and dangers, that accidents are common, that the condition of the land, water or other attributes of the activity may be rough and uneven, that bison, horses and other livestock may react in an unpredictable manner, that rapidly changing weather conditions may put participants in danger, that injury and even death can be caused by wild animals while participating in recreation, and that footing is rarely ideal. Recreational Activities can even result in death. In light of this knowledge, I undertake full responsibility for all harm that comes to me or any person for whom I am legally responsible as a result of being a participant in the Event and the Recreational Activities. With full knowledge of the risks inherent in Recreational Activities, I release and agree to hold the DCRM Parties harmless from any and all liability for any accident, damage or injury in which I might be involved, a<\/p>\n\n\n\n

C.<\/strong> I understand and agree that I may be using the Deep Creek Property for recreational purposes and without paying anything for the privilege of such use and that accordingly, I am a \u201cgratuitous permittee for recreation\u201d within the meaning of the Montana Recreation Responsibility Act and Montana\u2019s Gratuitous Use for Recreation Use Law. As such, the DCRM Parties would be liable to me only for willful or wanton conduct.<\/p>\n\n\n\n

D. <\/strong>This release and waiver is intended to include my heirs, personal representative, or anyone else with an interest in my estate.<\/p>\n\n\n\n

E.<\/strong> I agree to defend and hold the DCRM Parties harmless against any claims, demands, judgments, charges, liabilities, actions, suits, and proceedings of every kind, including the costs and expenses and reasonable attorney\u2019s fees thereof, brought or filed against the DCRM Parties arising out of my participation in Recreational Activities, attendance at the Event or the use of the Deep Creek Property, whether such claims or actions are rightfully or wrongfully brought or filed. In case such a claim should be brought or an action filed against the DCRM Parties, or any of them, I agree that the DCRM Parties may hire an attorney of their own selection to appear and defend the action on their behalf, and that I will bear the expense of such defense.<\/p>\n\n\n\n

F. <\/strong>I hereby grant DCRM the right to film, record, photograph, and otherwise capture my image, likeness, voice, and participation in the Event and Recreational Activities (collectively, “Recordings”). I acknowledge and agree that all Recordings, and all rights therein, shall be the sole and exclusive property of DCRM and the results and proceeds of my participation in the Recordings (\u201cProceeds\u201d) shall be considered a work-made-for-hire for DCRM. If under any applicable law the Proceeds are not deemed or otherwise considered a work-made-for-hire for DCRM, then to the fullest extent allowable and for the full term of protection otherwise accorded to me under such applicable law (including any and all renewals, extensions and revivals thereof), I hereby irrevocably assign and transfer to DCRM all right, title and interest in and to the Proceeds, throughout the universe, in perpetuity and for any and all media now or hereafter known. DCRM shall have the perpetual right to use, reproduce, distribute, display, and create derivative works from such Recordings, including but not limited to promotional, marketing and commercial purposes, with no further consideration to me. I agree that any public statements, social media posts, or any other communications I make regarding my participation in the Event shall be accurate and non-derogatory and I will not make any false, misleading, or disparaging statements about DCRM and\/or the Event at any time. My sole remedy against DCRM in the event of any breach or default of this Release shall be limited to the right, if any, to obtain damages at law actually suffered by me and I shall not have any right in any such event to terminate or rescind this Release or any of the rights granted to DCRM hereunder or to enjoin, restrain or otherwise interfere with the development, production, advertising, promotion, distribution, exhibition or exploitation of the Recordings.<\/p>\n\n\n\n

G.<\/strong> If the participant in any Recreational Activities is under 18 years of age, this Agreement must be signed by that person\u2019s parent or guardian who shall indicate their acceptance of responsibility as the parent or guardian and the release of DCRM Parties from all liability for damage or injury sustained by such minor.<\/p>\n\n\n\n

H. <\/strong>This Release shall be governed by Montana Law and any proceedings arising out of Recreational Activity covered by this Release, or for a declaration of rights, under this Agreement, must be brought in the District Court of Choteau County, Montana.<\/p>\n\n\n\n

I. <\/strong>The invalidity of any section or subsection of this Release or any portion thereof shall not be deemed to affect the validity of any other provision. In the event that any portion of this Release is held to be invalid, it is agreed that the remaining portions shall be deemed to be in full force and effect.<\/p>\n\n\n\n

II. WARNING! RISKS INHERENT IN RECREATIONAL ACTIVITIES<\/strong><\/p>\n\n\n\n

I acknowledge that DCRM Parties have provided the following warning and instruction:<\/p>\n\n\n\n

1.<\/strong> \u201cInherent risks\u201d means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of the above sport or recreational activities and that cannot be prevented by the use of reasonable care. While it is impossible to identify every possible danger or condition which may be considered an \u201cinherent risk,\u201d the known \u201cinherent risks\u201d for the above sport or recreational activities are set forth below.<\/p>\n\n\n\n

2. <\/strong>Those dangers or conditions which are an integral part of the planned Recreational Activities include, but are not limited to: dangerous trail conditions; encounters with dangerous animals, reptiles, insects, arachnids and plants; falling off horses and\/or other injury caused by a horse such as being kicked or bitten; injury from cattle and\/or bison; falling rocks or trees; natural hazards such as surface and subsurface conditions, uneven terrain, weather conditions that may change quickly, including, but not limited to, temperature, precipitation, wind and rapidly changing weather conditions which can result in severe weather such as blizzards, lightning, flash floods, high winds, rapidly dropping temperatures and excessive heat and sun; overexertion; dehydration; hypothermia (being too cold); hyperthermia (being too hot); and extreme heat or cold.<\/p>\n\n\n\n

3. <\/strong>The Participant is hereby advised to purchase and wear a well-fitted helmet, or similar protective headgear fastened securely under the chin while working around or riding horses or other Recreational Activities such as cycling or kayaking. The undersigned is further advised to wear appropriate protective attire for all Recreational Activities. The undersigned understands this is important to prevent injuries. DCRM Parties strongly recommend that in Recreational Activities requiring the use of a helmet, the participant wear an ASTM\/SEI approved (American Society for Testing of Materials and the Safety Equipment Institute) helmet at all times for safety. The undersigned understands that the DCRM Parties assume no responsibility in the event that helmets or protective attire do not perform as expected. The undersigned bears full responsibility for any outcome of his\/her decision to participate in the Recreational Activities, whether or not protective attire is worn.<\/p>\n\n\n\n

4.<\/strong> Recreational Activities require a certain level of physical fitness. If the undersigned is not in sufficient physical condition to participate in Recreational Activities, the undersigned should not do so.<\/p>\n\n\n\n

5. <\/strong>I understand that during Recreational Activities I may encounter domestic or wild animals, including cattle and bison. In this event, I should avoid approaching these animals, as all such animals are unpredictable and could cause injury or even death.<\/p>\n\n\n\n

I attest and verify that I am in appropriate physical condition to participate in the Recreational Activities and that if any time I feel the Recreational Activity is too strenuous, I will cease the activity.<\/p>\n\n\n\n

I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. I ALSO ACKNOWLEDGE THAT THIS RELEASE WILL CONTINUE IN EFFECT FOR THE ENTIRE DURATION OF THE EVENT AND ANYTIME I PARTICIPATE IN RECREATIONAL ACTIVITIES THEREIN. IF I DO NOT FULLY UNDERSTAND THIS AGREEMENT AND RELEASE AND THE EFFECT OF ITS PROVISIONS, I WILL SEEK APPROPRIATE ADVICE OR CLARIFICATION BEFORE I SIGN IT.<\/strong><\/p>\n\n\n\n

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider\u2019s ordinary negligence that are the result of the provider\u2019s failure to exercise reasonable care.<\/strong><\/p>\n\n\n\n

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\nEvent Participation NDA<\/legend>\r\n\r\n
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