In consideration of the services of Blanchard’s Gracious Acres, LLC hereinafter collectively referred to as “Gracious Acres”, their agents, owners, members, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Gracious Acres, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: Article I. I acknowledge that my participation in all activities at Gracious Acres entails known and unanticipated risks (from exposure to live animals, adverse weather, transportation injuries, flaws and/or defects in facilities and equipment, and uneven terrain within the Zoo) that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. THE RISKS INCLUDE, AMONG OTHER THINGS: bites from animals, slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Article II. I expressly agree and promise to accept and assume all of the risks existing in all activities at Gracious Acres. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks. I FULLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Program. Article III. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Gracious Acres from any and all claims, demands, or causes of action, which are in any way connected with my participation in with being on the premises of Gracious Acres’ equipment or facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF GRACIOUS ACRES. The foregoing sentence shall apply (without limitation) to all claims, demands, losses, damages, and liabilities, including but not limited to claims for negligence, to the broadest extent permitted by applicable law. I covenant not to sue any of the Released Parties in connection with any of the released claims, demands, losses, damages, and liabilities. The covenants and undertakings of this document are given for and on behalf of and shall be binding upon me, my family, heirs, estate, next of kin, executors, administrators, legal representatives, beneficiaries, successors and assigns. Article IV. Should Gracious Acres’ or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. Article V. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. Article VI. I AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Released Parties, and each of them, from and against any and all claims, demands, losses, damages, attorney fees and costs, expenses, and liabilities made against or incurred by any of them, including those for indemnity, contribution or otherwise, arising from my participation in the Program activities and the Risks, whether resulting from claims, actions or lawsuits asserted by me or by another person against the Released Parties, except to the extent prohibited by applicable law. NOTICE OF FILMING AND PHOTOGRAPHY Article I. When you enter the Gracious Acres’ premise, attend an event or program, you enter an area where photography, audio, and video recording may occur. Article II. By entering the event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Gracious Acres and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Gracious Acres events in the future, highlight the event and exhibit the capabilities of Gracious Acres. You release Gracious Acres its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. Article III. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Gracious Acres or the person or entity designated to do so by Gracious Acres. You have been fully informed of your consent, waiver of liability, and release before entering the event. AGREEMENT BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PRESENCE ON THE PREMISES OF GRACIOUS ACRES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST GRACIOUS ACRES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS. PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION ADULT (Parent or Guardian) responsible for participants under the age of 18. In consideration of THE PARTICIPANT being permitted by Gracious Acres to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Gracious Acres from any and all claims which are brought by, or on behalf of the Minor, and which are in any way connected with such use or participation by the Minor. I am an adult, aged 18 or over. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and voluntarily and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force. Today's Date: November 13, 2024 |