“PENGUIN ENCOUNTER” LIABILITY WAIVER AND RELEASE OF FUTURE CLAIMS
* * * Please Read Carefully * * *
THIS IS A LIABILITY WAIVER AND A RELEASE OF FUTURE CLAIMS AGAINST WONDERS OF WILDLIFE AND OTHERS. SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. NEITHER WONDERS OF WILDLIFE NOR ANY OTHER PARTIES RELEASED HEREIN GUARANTEES YOUR SAFETY.
THIS LIABILITY WAIVER AND RELEASE OF FUTURE CLAIMS (hereinafter “Release”) is hereby entered on the current date of June 2, 2023, between Wonders of Wildlife (“WOW”), Johnny Morris Foundation, Bass Pro Outdoor World, LLC, and their parent companies, subsidiaries, affiliates, officers, directors, employees and agents (hereinafter collectively referred to as “Releasees”) and each “Participant,” identified by their signatures below:
THIS RELEASE MUST BE READ AND SIGNED BY EACH PARTICIPANT 18 YEARS OF AGE OR OLDER. THE PARENT OR GUARDIAN OF ANY PARTICIPANT UNDER THE AGE OF 18 MUST ALSO READ AND SIGN THIS RELEASE ON BEHALF OF THE MINOR PARTICIPANT.
WHEREAS, Participant desires to voluntarily participate in the “Penguin Encounter” at Wonders of Wildlife (hereinafter referred to as “the Activity”). For purposes of this Release, the Activity shall also include: (1) walking to “Penguin Cove,” where the penguins are housed; (2) the instructions provided to Participant; (3) the determination of the Participant’s ability to engage safely in the activity, based on Participant's age, obvious physical condition or choice of footwear; (4) Participant's representations of his/her ability and all other representations reflected herein; (5) Releasees’ supervision and control of the penguins and other Participants; (6) the activity itself, i.e., participating in the Penguin Encounter and all events that occur during same; and (7) any other matter or thing related to or incidental to any of the foregoing. NOW, THEREFORE, in consideration of the participation in the Activity itself and other good and valuable consideration, the receipt and legal sufficiency of which being hereby acknowledged, Participant agrees as follows:
SECTION 1: REPRESENTATIONS AND ACKNOWLEDGMENTS OF PARTICIPANT:
By signing below, Participant represents, acknowledges and agrees as follows:
A. That Participant is required to observe and obey all posted signs and verbal instructions from WOW staff, as a condition of participating in the Activity.
B. That all representations made in this Release are true and correct as of the date hereof.
C. That all Participants shall be subject to the following requirements:
1) All Participants must be able to walk unassisted up stairways and navigate uneven and possibly wet terrain. For your and your child’s safety, only walking children are permitted to participate (i.e., you may not carry your child).
2) Open-toed footwear and shoes with heels higher than one inch (1”) are not permitted.
3) Any Participant under the age of 18 must be accompanied by a parent or guardian, who must read and sign this Release on the minor’s behalf.
D. Each Participant also represents, warrants and affirms as true the following:
1) Participant is not allergic to shellfish.
2) Participant is not sensitive to cold or unpleasant smells.
3) Participant is not affected by being in tight or confined spaces.
4) Participant does not have any bird allergies.
5) Participant is neither employed in the poultry industry, nor been in contact with live or unprocessed poultry in the last 48 hours.
E.That this Release is a contract, and by signing below and participating in the Activity, Participant is giving up certain legal rights to sue or seek damages or any other compensation from Releasees for any negligence in the event of injury or death to Participant while engaging in the Activity, as more fully set forth herein. If Participant is not willing to acknowledge the risks and agree not to sue Releasees as set forth herein, he/she should not engage in the Activity.
F. That the Participant is not under the influence of alcohol, drugs or medication, and Participant does not otherwise suffer from any physical or mental condition and/or disability that would affect Participant’s ability to safely engage in the Activity.
SECTION 2. WARNINGS AND ASSUMPTION OF RISKS.
You will be required to walk up a stairway to gain access to “Penguin Cove.” For the safety of the penguins, you will also be required to step onto a pad that contains disinfectant. This “foot bath” serves to decontaminate the soles of your shoes. It will be cold in Penguin Cove, and during the Activity you may be subjected to unpleasant or objectionable smells. Inside Penguin Cove, you will be standing in a confined space, where your ability to move may be limited. You may also be exposed to shellfish, which are fed to the penguins. If you (or any child accompanying you) are sensitive to any of these conditions or are allergic to birds or shellfish, THIS ACTIVITY IS NOT FOR YOU.
PARTICIPANT’S ASSUMPTION OF RISKS:
Participant acknowledges that participation in this Activity may expose Participant or Participant’s child(ren) to a variety of hazards and risks, both foreseen and unforeseen, which include, but are not limited to, dangers of serious personal injury or even death. Participant further understands that there are inherent elements of risk always present in the Activity despite all typical safety precautions. Participant represents that he/she will take all necessary safety precautions associated with the Activity and voluntarily assumes any and all risks of participation.
****WAIVER AND RELEASE OF LIABILITY****
SECTION 3: RELEASE OF LIABILITY AND COVENANT NOT TO SUE: By signing this Release and thereby being permitted to engage in the Activity, Participant hereby expressly waives, releases and relinquishes, any and all rights, claims or causes of action that Participant may have or that may arise against Releasees, or any one of them, for bodily injury, personal injury, mental injury, property damage, death, medical expense and any and all other economic and non-economic losses sustained by Participant, which: (1)arise fromor are in any way related tothe Activity or the condition of the premises; and (2) are caused by or result from the NEGLIGENCE of Releasees, or any one of them; including any such claims brought by any person or entity claiming by, through or on behalf of Participant. Participant further covenants and agrees that he/she will not sue any Releasee or assert any claims against them for any alleged NEGLIGENT acts or omissions, arising out of or in any way related to Participant’s participation in the Activity or the condition of the premises. Participant agrees to indemnify and hold Releasees harmless from any and all liabilities, settlements, expenses, and costs, including reasonable attorneys’ fees, incurred by any Releasee in defending against claims, suits, etc., arising from Participant’s participation in the Activity.
SECTION 4: PUBLICITY: Participant hereby grants permission to Releasees to take and publish photographs or other type of media, in any form, of Participant or Participant’s minor children while involved in the Activity and agrees that Participant is not due any payment from Releasees for publishing the photographs or other media.
SECTION 5: ENTIRE AGREEMENT--MISSOURI LAW, JURISDICTION AND VENUE: This Release constitutes the final and entire agreement between Releasees and Participant concerning the Activity and his/her participation in same. Participant agrees that Missouri law shall exclusively govern the interpretation, construction and enforcement of this Release, which is intended to be as broad and inclusive as is permitted by the laws of the State of Missouri. Participant also agrees that the sole proper jurisdiction and venue for any and all claims and/or disputes of any kind, arising from the undersigned’s participation in the Activity and/or the enforcement or interpretation of this Release, shall be in the Circuit Court of Greene County, Missouri (or in the event any legal action is originally filed in or removed to Federal Court, sole proper venue shall be in United States District Court for the Western District of Missouri, Southern Division). If any portion of this Release is found to be void, invalid, or unenforceable, it is agreed that the remaining portions shall remain in full force and effect.
BY SIGNING BELOW, EACH PARTICIPANT (OR PARENT/GUARDIAN IF PARTICIPANT IS A MINOR) WARRANTS THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THE TERMS OF THIS RELEASE AND ACKNOWLEDGES THAT THIS RELEASE INCLUDES A WAIVER AND RELEASE OF LIABILITY AND FURTHER AFFIRMS THAT HE/SHE SIGNS THIS DOCUMENT VOLUNTARILY AND OF THEIR OWN FREE WILL, WITH THE INTENT TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS.