PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
On my behalf and on behalf of my spouse, my children, my parents, my heirs, assigns, personal representative and estate (hereinafter collectively referred to as “my family”), I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Fitzgerald Acres Alpaca Ranch, located at 15792 N. Memorial Dr., Collinsvillle, OK 74021, and its agents, owner, employees, volunteers, vendors, participants, officers, directors, affiliates, successors, and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that “my family” or I have ever had or may have, that arises from or is in any way related to my participation in any events or activities conducted by, on the premises of, or for the benefit of Fitzgerald Acres Alpaca Ranch, hereinafter collectively known as “FAAR”.
I understand that the activities that my family and I will participate in and will see are inherently dangerous and may cause serious emotional injury or serious grievous injuries, including bodily injury, damage to personal property and/or death. I know that my family and I will be in direct contact with animals that include, but are not limited to: alpacas, llamas, goats, rabbits, pigs, chickens, dogs, cats, etc. I understand that, as with most animals, they may react in an unpredictable way to sounds, sudden movements, people, or other animals that could result in injuries to my family and me. On behalf of my family and I, I waive all claims for damages, injuries and death sustained to me and my family, and that my family and I may have against FAAR.
By this waiver my family and I assume any risk and responsibilities, waive any claims of personal injury, death or damage to personal property, by our participation in the following activities, including but not limited to, visiting FAAR, observing or interacting with the animals, using the facility and its equipment in any manner, form or fashion, and practicing and/or engaging in other related activities. This includes the initiating of prohibited contact with the animals on and off the premises and disobeying any FAAR regulations both posted and unposted. It is a condition of entry that visitors do not venture into FAAR’s animal enclosures and/or restricted areas unless accompanied by an FAAR employee or volunteer.
This WAIVER AND RELEASE contains the entire agreement between parties, and supersedes any prior written or oral agreements between said parties, concerning the subject matter of this WAIVER AND RELEASE. The provisions of the WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of FAAR, whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE that my family and I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.
My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 years of age or older, and/or the legal or temporary guardian of the minors in my care, and mentally competent to enter into this waiver.
AFFIRMATION OF AUTHORITY: I hereby represent and affirm that I have the legal authority to sign this Agreement on behalf of my family and I. I further acknowledge, understand and appreciate that FAAR is relying upon this representation in allowing any such adult or minor to participate in the activities.
INDEMNIFICATION: In recognition of the RISKS and death identified above, I accept full financial responsibility for any injury or death that my family and I may cause to themselves or to any other person due to negligence and/or intentional acts or omissions of my family and I. I agree to indemnify and hold harmless FAAR and any other RELEASEES from liability for the injury or death of any person(s) and damage to property that may result from negligent or intentional acts or omissions of my family and I while participating in the ACTIVITIES.
ATTORNEYS’ FEES, INSURANCE: Should FAAR or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, including but not limited to, attorneys’ fees and costs incurred to defend against claims brought by my family and I, or by third parties arising out of negligence or intentional acts or omissions of my family and I, I agree to indemnify and hold FAAR or anyone acting on its behalf harmless for all such fees and costs. I warrant that I have adequate insurance to cover any injury or damage my family and I may cause or suffer while participating in the ACTIVITIES, or else I agree to bear the costs of such injury or damage myself.
PHOTO RELEASE: By entering FAAR and participating in the ACTIVITIES, I hereby grant FAAR, on my behalf and on behalf of my family, the irrevocable right and permission to photograph and/or record me or my family in connection with FAAR, and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, and in any manner and in any media, now or hereafter known, in perpetuity throughout the world and without restriction as to alteration. On my behalf and on behalf of my family, I waive any rights to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted to this release are without compensation of any kind.
APPLICABLE LAW/VENUE/ARBITRATION: Any controversy between the parties hereto involving any claim arising out of or relating to use of the facilities, participation in the ACTIVITIES, or otherwise arising out of or relating to this Agreement shall be submitted to and be settled by final and binding arbitration in Tulsa, Oklahoma, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. In the event of litigation to enforce arbitration or settlement between the parties to this Agreement, or in the event arbitration is not available, then my family and I agree to venue in the Courts of Tulsa County in the State of Oklahoma. I agree that the substantive law of Oklahoma shall apply in that action without regard to the conflict of law rules of that state, and on my behalf and on behalf of my family, I agree to, and hereby do, waive the right to a trial by jury.
SEVERABILITY: I agree and understand that this Agreement is intended to be as broad and as inclusive as permitted by law in the State of Oklahoma and if any portion of this Agreement is found to be void or unenforceable, then the remaining document shall remain in full force and effect.
NO OTHER REPRESENTATIONS, WARRANTIES, PROMISES, ETC.: I understand and affirm that there are no other representations, warranties, promises, understandings, etc., written or oral, regarding the subject matter of this Agreement, and that my family and I will be bound by the terms of this Agreement. I further understand that any amendment, change, or modification of this Agreement must be in writing and signed by the FAAR in order to change any term contained herein.
NOTICE TO THE MINOR CHILD’S PARENT OR NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE FITZGERALD ACRES ALPACA RANCH AND ALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THAT YOU AND/OR YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE FITZGERALD ACRES ALPACA RANCH AND ALL OTHER RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU OR YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND FITZGERALD ACRES ALPACA RANCH AND ALL OTHER RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.