In consideration of the risk of injury while participating in volunteering, tours, events, projects, or any visit at or hosted by Blackberry Creek Farm Animal Sanctuary (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity and do hereby release and forever discharge Blackberry Creek Farm Animal Sanctuary, located on 1170 Pinecroft Road, Colfax, California 95713, their affiliates, managers, officers, founders, members, agents, attorneys, staff, volunteers, representatives, successors, predecessors, heirs, and assigns, for any physical or psychological injury including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in the Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary of permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both unknown and known to me, of my participation in this Activity, including travel to, from, and during this Activity.
I agree to indemnify and hold harmless Blackberry Creek Farm Animal Sanctuary its founders, associates, members, volunteers, staff, and board members against any claims, suits, or actions of any kind whatsoever of liability, compensation, damages, or otherwise brought by me or anyone on my behalf including attorney’s fees and any related costs if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Blackberry Creek Farm Animal Sanctuary incurs any of these types of expenses, I agree to reimburse Blackberry Creek Farm Animal Sanctuary.
I acknowledge that Blackberry Creek Farm Animal Sanctuary and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific activity or event on behalf of Josh and Danielle Hanosh and Blackberry Creek Farm Animal Sanctuary.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include but are not limited to those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, animal behavior, equipment, vehicular traffic and actions of others, including but not limited to, participants, spectators, staff, founders, volunteers, event monitors, officers, and/or producers of the event.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Blackberry Creek Farm Animal Sanctuary and all of its affiliates, members, managers, officers, agents, staff, attorneys, volunteers, representatives, heirs, predecessors, successors and assigns from any and all claims or causes of action, and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Blackberry Creek Farm Animal Sanctuary for personal injury, illness, death, or property damage.
To the extent that the statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Blackberry Creek Farm Animal Sanctuary, its agents, board, volunteers, members, staff, founders, and employees.
In the event that I should require medical care or treatment, including ambulance transportation, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or group’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with recklessness.
Blackberry Creek has put into place preventative measures to help reduce the risk of COVID-19, however, Blackberry Creek cannot guarantee that I will not become infected with COVID 19. Attending Blackberry Creek’s tours, events, and volunteer sessions could increase your risk of coming in contact with COVID-19.
By signing, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected with COVID-19 and that said infection could result in illness, injury, permanent disability, spread to others, and death. I understand that the risk of becoming infected with COVID-19 by attending functions, events, tours, and volunteer shifts at Blackberry Creek may result from the negligence, actions, or omissions of myself and/or others including Blackberry Creek, its board, founders, volunteers, visitors, employees, agents, representatives, and/or independent contractors and I hereby release all parties of any liability or responsibility for COVID-19.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant (undersigned) and Blackberry Creek Farm Animal Sanctuary agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
Photo Release: I grant to Blackberry Creek Farm Animal Sanctuary, its representatives, founders, volunteers, board, visitors, and employees the right to take photographs and videos of me and my property in connection with the above identified subject. I authorize Blackberry Creek Farm Animal Sanctuary, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Blackberry Creek Farm Animal Sanctuary may use such photographs and videos of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
I, the undersigned participant, affirm that I am of the age of 18 years old or older, of sound mind, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
Date: June 1, 2023