Liability Waiver

KNOWLEDGE POINT NETWORK
UNIVERSAL RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
Revised 2025

This Universal Waiver, hereinafter the “Agreement,” is made by and between Knowledge Point Network (“KPN”), a Texas-registered 501(c)(3) nonprofit organization, and any individual, entity, volunteer, guest, contractor, parent, guardian, donor, program participant, service user, or any person or group interacting directly or indirectly with KPN assets, staff, volunteers, activities, equipment, premises, or promotional material (collectively, the “Participant”).

SECTION I: PURPOSE
This Agreement is intended to serve as a comprehensive, irrevocable release of liability and acknowledgment of assumption of risk. It applies to any and all activities, services, or programs administered by KPN in any state of the United States, including but not limited to those conducted in Texas and Pennsylvania.

SECTION II: SCOPE OF APPLICATION
This Agreement covers, but is not limited to, the following areas of KPN operation:

General

Participation in any KPN-sponsored event, workshop, camp, stewardship activity, or project.
Use of KPN’s facilities, borrowed land, remote offices, or third-party locations for recreational, ceremonial, therapeutic, educational, training, or marketing purposes.
Any engagement with KPN programs, including, but not limited to, Dozer Dogz, Huck the Event Truck, Jr. Ambassadors, Next Mission Series, Optic Flow, and all affiliated partnerships or coalition activities.
Spectators, neighbors, or passersby within visual, physical, or operational range of any KPN activity shall also be bound by this waiver.
Presence within range of any recording device, audio-visual equipment, surveillance system, photograph, or broadcast unit controlled or used by KPN or its partners.
Any access to KPN’s website or digital resources shall automatically bind the user to this agreement. Users acknowledge that their IP address, device type, time of access, and all related metadata shall be retained by KPN to confirm digital acceptance and enforceability of this waiver. Affirmative digital signature or continued system use shall serve as full consent under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

Dozer Dog Division

Use or observation of any equipment owned, rented, loaned, or provided by KPN, including but not limited to: Bobcat Skid Steer, Military M35 “Huck the Event Truck”, generators, trailers, Brush cutters, Trenchers, military mechanical mules, track chairs, off-road vehicles, motorcycles, chainsaws, mechanical come-alongs, rigging, tools, supplies, and all equipment associated with the Dozer Dogz erosion control program.
Trailers behind ATV, cars, trucks, and registered heavy hauling trailers with a capacity greater than 14,000 lb capacity
Toy Haulers Trailers for overnight stays
Use of any equipment or services related to the above programs or initiatives, regardless of location, condition, usage, or environmental risk.
Hydration stations, track chairs, generator trailers, ceremonial equipment, and support mechanisms.

Health and Wellness Division

Engagement with any services or equipment related to KPN’s Health and Wellness Division, including psychiatric service animals, therapy dogs, and mobility support dogs
Participation in KPN’s Health and Wellness Service Dog Program. Clients receiving dogs, support, or training—including but not limited to veterans and individuals with diagnosed mental health needs—acknowledge that the service dog remains the exclusive property of KPN. The dog is not owned by the client and is issued under a lease-like arrangement. It shall not be transferred, rehomed, or temporarily housed without express written consent from the KPN Health and Wellness Program Coordinator. If the recipient fails to maintain the required standard of care, discipline, and conduct, the dog may be retrieved immediately.
Behavioral probation may be implemented for a specified period, ranging from hours to weeks, at the discretion of KPN. The determination of suitability rests solely with the KPN Program Administrator. No grievance, accusation, or psychological injury claim shall be made by the client, their family, volunteers, or observers in any form.
Participants, observers, volunteers, and all individuals in proximity to any service animal event, training, or placement are strictly prohibited from making public or private statements, social media posts, verbal implications, facial expressions, or symbolic gestures that may defame, demoralize, criticize, or harm the KPN brand or operations.

SECTION III: ASSUMPTION OF RISK
The Participant understands and expressly agrees that participation in any KPN activity carries risks of bodily injury, emotional trauma, or death, whether foreseeable or unforeseeable. KPN reserves the right to terminate participation at any time for safety or behavioral concerns, with or without refund and notice.

The use of machinery, transportation assets, motorcycles, tools, chainsaws, or interaction with animals, veterans in recovery, or children in behavioral therapy increases potential risk.
This includes scenarios involving improper loading, detached trailers, vehicular collisions on or off premises, and mechanical failures causing injury to oneself or others.
Hazards may include, but are not limited to, slips, falls, collisions, equipment failure, animal unpredictability, neighbor interaction, weather exposure, emotional distress, and POA or municipal ordinance violations.
Injury may result from improper trail design, loose gravel, hidden stumps, sudden drops, vehicular rollovers, or mechanical malfunction even after safety inspection.
No interpretation of symbolic, ceremonial, or mission-based programming may be construed as religious, political, discriminatory, or psychological in nature unless explicitly stated by KPN.
Participants in the Health and Wellness Service Dog Program agree to provide daily care, maintain controlled housing, exhibit proper conduct, and submit proactive reports. Failure to comply authorizes immediate retrieval of the animal and forfeiture of privileges without recourse.
All speech, written or verbal, including reviews, posts, commentary, grunts, or inferred messages by gesture, is governed under this waiver and may not defame or weaken the public trust in KPN or its affiliates.
Youth participation, image capture, or presence in KPN events is bound to this waiver. No parent, guardian, or representative shall hold KPN liable for harm caused by their child’s emotional state, physical involvement, or digital representation.
Force majeure events such as fire, flood, tornado, or acts of God do not transfer liability to KPN in any form.
All erosion control activities, water diversion efforts, grading operations, or sediment retention measures conducted by KPN or its volunteers are inherently hazardous and may alter land conditions beyond the control or intention of KPN. No warranty or land improvement guarantee is offered or implied.
Participation may expose individuals to insects, snakes, dehydration, sudden weather changes, or uneven terrain. These risks apply even in supervised settings.
In accordance with Texas Civil Practice & Remedies Code § 75.001 and Pennsylvania RULWA 68 P.S. §§ 477-1 to 477-8, all activities conducted on or near private land are voluntary and at the sole risk of the participant. KPN owes no duty of care beyond what is minimally required by law. Any attempt to attribute injury, loss of property value, water displacement, slope change, or drainage outcome to KPN personnel or equipment—without independent third-party civil engineering verification—shall be considered defamatory and subject to legal recourse.
Additional risks arise from power equipment, compressed gas, manual hand tools, winches, fuel storage, welding operations, tracked utility vehicles, and aerial devices when in operation at KPN events. Safety briefings are mandatory before participation. Personal protective equipment (PPE) must be worn at all times during task-specific activities.
Participants waive any claim against KPN for accidents, improper PPE use, unanticipated behavior of mechanical assets, or property damage resulting from recreational or industrial engagement.
Participants involved in motorcycle-based events must acknowledge the elevated risk of head injury, disorientation, and post-accident trauma. Helmets and protective gear are required and shall be supplied or inspected by KPN where applicable.
No warranty is made for the integrity of trails, road conditions, or terrain stability on public or private venues used by KPN for extreme recreation or motorized activities.
Spectators and nearby landowners must exercise reasonable precautions if located within noise, dust, equipment debris, or animal interaction zones.

SECTION IV: RELEASE OF LIABILITY
The Participant, on behalf of themselves and all associated heirs, assigns, successors, minors, dependents, pets, employees, or guests:

Releases and forever discharges Knowledge Point Network, its officers, directors, staff, agents, volunteers, sponsors, affiliates, successors, and assigns from any and all claims, demands, actions, or liabilities for damages, losses, injuries, or death.
No claim shall be brought for injuries or events occurring before, during, or after interaction with KPN or its programs.
No claim shall arise due to damages caused by or experienced near Huck, Dozer Dogz, Health and Wellness Programs, events, camps, off-road demonstrations, motorcycles, or public displays.
All visual or auditory observers, social media audiences, or third-party followers are also bound by this waiver.
KPN is not responsible for secondary, delayed, or unintended consequences resulting from erosion control, land improvement, regrading, ditching, sediment removal, or water redirection services. Participants acknowledge that such services may cause downstream sedimentation, altered runoff paths, or disputes with neighbors.

SECTION V: INDEMNIFICATION
The Participant agrees to defend, indemnify, and hold harmless the Releasees from and against any and all claims, causes of action, damages, liabilities, and expenses (including reasonable attorneys’ fees) resulting from:

The Participant’s actions, speech, writing, postings, or proximity to any KPN activity.
Any harm or conflict involving third-party landowners, hosts, or agencies.
Any statements, posts, or content that harm the KPN brand, its personnel, or its mission.
Any damage or conflict arising from the Participant’s engagement in, or benefit from, KPN erosion control or stewardship activities.
Claims related to unpermitted grading, misinterpreted impact on land value, or unintended consequences from volunteer-based improvement work.

SECTION VI: IMAGE, AUDIO, AND INTELLECTUAL PROPERTY RELEASE
The Participant grants Knowledge Point Network (KPN), its affiliates, agents, and representatives the irrevocable and unrestricted right to capture, use, reproduce, distribute, publish, and archive any image, video, audio, written content, name, likeness, or product resulting from or associated with their participation in KPN activities.

This release extends to all individuals or entities photographed, recorded, or otherwise documented during KPN events, including but not limited to youth, minors, pets, service animals, and veterans.

The Participant further acknowledges that presence on or near any KPN-owned, KPN-managed, or KPN-affiliated property—whether physical or digital—constitutes lawful consent and agreement to the terms of this release.

SECTION VII: MINOR PARTICIPATION & PARENTAL WAIVER
No minor may attend without notarized parental permission, ID verification, and emergency contact forms.
Youth observers, volunteers, or participants waive claims of emotional damage, trauma, or photographic exploitation. Guardians acknowledge that their presence on KPN grounds or digital platforms binds the minor and guardian equally.

SECTION VIII: EQUIPMENT, PROPERTY, AND SITE CONDITIONS
Equipment includes, but is not limited to: skid steers, trailers, dump buckets, winches, ramps, ATVs, motorcycles, Huck the Event Truck, mechanical come-alongs, rigging, water tanks, signage, power tools, mechanical mules, therapy apparatus, and related stewardship technology.

All users and observers acknowledge these assets as dangerous and agree to hold KPN harmless for incidents involving misuse, failure, or indirect consequence.
Equipment may be deployed on terrain not maintained by KPN. No claim shall be made for dust, noise, erosion, flooding, trespass, wildlife exposure, or property damage.
All landowners accept sole responsibility for post-project maintenance, including but not limited to vegetation regrowth, sediment barrier upkeep, ditch clearing, culvert maintenance, and flood mitigation.
KPN does not guarantee increased land value and shall not be held responsible for changes in appraisal or insurance outcome.
Volunteers operating machinery or tools are not licensed contractors and operate only under a stewardship capacity. Their actions are protected under this waiver so long as they act in good faith.

SECTION IX: TRAVEL & THIRD-PARTY LIABILITY
Travel, lodging, or shared transit is not the responsibility of KPN. Riders, drivers, passengers, or neighbors may not allege negligence against KPN regarding accidents, illness, lost property, or scheduling conflicts. Collaborators, vendors, sponsors, or landlords are solely liable for their operations.

SECTION X: GOVERNING LAW AND ENFORCEABILITY
This agreement is governed by the laws of Texas, and to the extent permitted, the laws of the United States.
If any section is unenforceable by law, the remaining clauses remain binding. All terms are interpreted to ensure maximum protection of the Knowledge Point Network and its agents.

SECTION XI: NO WARRANTY OR OUTCOME GUARANTEE
KPN makes no warranty, explicit or implied, regarding the effectiveness, durability, or outcomes of any erosion control, therapeutic, stewardship, or animal placement service. All activities are educational, restorative, and mission-oriented in nature.

SECTION XII: VOLUNTEER STATUS AND NON-COMMERCIAL INTENT
All work performed under KPN’s purview is voluntary and non-commercial. No participant, contractor, or observer may imply a subcontractor relationship, nor claim wages, reimbursement, or damages from acts performed in good faith on behalf of KPN’s charitable mission.

SECTION XIII: DIGITAL CONSENT AND RECORDING WAIVER
All digital engagement with KPN systems, applications, or communications (including emails, voice, app, and journaling entries) constitutes consent for KPN to archive, analyze, and apply such content for monitoring, compliance, promotional, or reporting purposes.

SECTION XIV: RISK MANAGEMENT CLARIFICATIONS AND INDEMNIFICATION SCOPE EXPANSION

The Participant, by engaging with any KPN property, program, or affiliated location—including but not limited to the Flying M Ranch in Reklaw, Texas—expressly acknowledges the following expanded risk management conditions:

Expanded Assumption of Risk

Participants acknowledge that all KPN activities—including but not limited to mechanical operations, recreational flying, stewardship, service dog handling, mental health programming, dirt bike riding, camping, water diversion projects, erosion control, and event hosting—carry inherent risks of bodily injury, emotional trauma, death, equipment damage, or third-party conflict.
Locations such as the Flying M Ranch in Reklaw, 10 Mile Ranch or 5 D ranch terrain instability, historic land use, slope grades, remote access, wildlife proximity, and weather volatility increase the likelihood of exposure to injury or mission disruption.

Responsibility for Guests and Invitees
Participants are fully responsible for any individual they bring or refer to a KPN activity or site, including observers, minors, veterans in recovery, donors, public officials, or family members.
Such responsibility includes:

Unauthorized vehicle or equipment use on leased properties such as Reklaw, 5-D Ranch and 10 mile Ranch
Unpermitted trail alteration, tree cutting, or water diversion
Public commentary, facial expressions, or digital content critical of KPN operations or partner properties
Any harm to fencing, vegetation, privacy lines, or neighboring parcels caused by inaction or misconduct

Indemnification for Specific Site Risk
The Participant shall defend and hold harmless KPN, its leadership, volunteers, affiliates, and any landowner in partnership with KPN, including successors of the Flying M, 10 Mile Ranch or 5 D ranch from any claim, legal action, or complaint resulting from:

Injury due to terrain at or near event staging areas such as the Flying M Ranch, 10 Mile Ranch, or 5 D ranch
Property disputes involving noise, dust, water movement, or vehicular traffic during the Reklaw Fly-In or other public events
Accusations regarding improper land use, zoning, or veteran programming
Loss or liability sustained in connection with property improvements or temporary infrastructure installed for public benefit

No Claim Against KPN for Mission-Driven Exposure
No Participant shall bring grievance for:

Behavioral expectations established at Reklaw or similar KPN-managed venues
Psychological stress, fatigue, weather exposure, or terrain fatigue
Flying or vehicle-related incidents due to private land configuration or adjacent aviation activity
Emotional reaction to veteran storytelling, service dog instruction, or public interactions with those in crisis

Force Majeure and Operational Disruption
Should fire, flood, weather, government order, or resource failure impact events such as those held at Reklaw, KPN shall retain complete operational control for rescheduling, cancellation, or field reallocation. No refund, reschedule demand, or third-party blame shall be valid under such conditions.
No Warranty on Outcome or Property Condition
Participants acknowledge that KPN makes no warranty regarding therapeutic impact, community engagement results, or land value improvement.
All participation at Flying M Ranch, 10 Mile Ranch or 5 D Ranch or any other KPN site is voluntary and mission-aligned. Terrain is rugged, access is limited, and all benefits are earned through action and commitment – not entitlement.

SECTION XV: NOTICE OF LIMITED DUTY UNDER TEXAS LAW
Pursuant to the Texas Civil Practice and Remedies Code, Chapter 75, Sections 75001 through 75.007, the Participant is hereby notified that Knowledge Point Network (KPN), as a Texas-registered 501(c)(3) nonprofit entity operating recreational, educational, therapeutic, and stewardship-based programs, assumes no duty of care to keep its premises safe for entry or use by others for such purposes.

The Participant acknowledges and agrees that:

KPN and any cooperating landowners owe no duty to warn, inspect, maintain, or make premises safe for recreational, volunteer, or charitable use.
Entry upon any land owned, leased, managed, or accessed by KPN—whether in Montgomery County, Reklaw, or any partner site—constitutes acknowledgment of this limited duty.
KPN shall not be liable for injuries, death, or property damage unless such harm results from gross negligence, bad faith, or willful and wanton misconduct as defined by Texas law.
This protection applies regardless of whether the activity involves trail work, erosion control, service dog handling, event support, or youth programming.

This provision is intended to provide full statutory protection to KPN, its officers, agents, land partners, and volunteers to the maximum extent permitted by Texas law and shall be interpreted accordingly.

FEDERAL LAND USE – LIABILITY CLARIFICATION AND SOVEREIGN IMMUNITY ACKNOWLEDGMENT

For all activities conducted on federally managed lands—including but not limited to Sam Houston National Forest or any site overseen by the United States Department of Agriculture (USDA), the United States Forest Service (USFS), or other federal agencies—the Participant acknowledges the following:

The Participant’s waiver and indemnification agreement applies solely to Knowledge Point Network (KPN), its officers, agents, volunteers, partners, and affiliates.
The United States government, its departments, agencies, and personnel, retain sovereign immunity and cannot be held liable through private waiver, contract, or tort claim except as expressly allowed under the Federal Tort Claims Act (FTCA).
KPN does not own, control, or maintain the federal land or infrastructure. As such, KPN assumes no responsibility or liability for:
- Trail conditions, terrain changes, signage, facilities, bridges, or roadways
- Injury or death caused by natural features, wildlife, weather, or third-party actors
- Federal scheduling, closures, cancellations, or enforcement actions

The Participant enters federal land at their own risk and agrees to comply with all posted rules, regulations, and enforcement policies of the federal agency in control of that land. KPN makes no warranty as to site safety, suitability, or accessibility.

This clause shall be read as severable and applies independently of any state-level landowner immunity statutes.

ACKNOWLEDGMENT
By signing or electronically agreeing to this waiver, or by accessing any KPN property or digital platform, the Participant confirms they:

Have read and understood the above terms.
Voluntarily accept and assume all stated and unstated risks.
Fully release and indemnify KPN and all associated persons/entities from liability.
Understand that this waiver is binding in perpetuity, across all programs, locations, equipment, platforms, and situations, including the previous language in the waiver to its evolving present.
The accepting party of the previous waiver agreed to this evolving living document, keeping current in reading the waiver, not just initially but periodically, to avoid any liability to KPN, its officers, contractors, and volunteers.
Should the reader arrive at the proximity of the website or event, it is understood they are releasing image and liability to KPN. If, in time passing, they wish to unenroll it is equivalent to assigning their own restraining order.
They will not review the site, social media, phone text, or emails knowingly or unknowingly.
They will not speak, text, post or author or signal any opinion, especially a demoralizing negative opinion or fact. They in effect separate and thus eliminate the liability in part or in full of themselves, their family, and associated volunteers or any they advocated. KPN is a self-assigned gag order.

In all cases, the reader should consult their legal counsel for understanding and not sign unless they fully understand that this is a binding document, not just a formality.

Knowledge Point Network Headquarters
Montgomery, Texas 77356
Phone: 936-446-7966
Email: ceo@kpnusa.com
Website: https://kpnusa.com