This Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by the company or organization identified above ("Company") in favor of Great Plains Society for the Prevention of Cruelty to Animals, Inc. ("Great Plains SPCA") and its officers, directors, employees, volunteers, agents, representatives, sponsors, successors, and assigns (collectively, the "Released Parties"). Company requests that its employees, officers, agents, contractors, guests, or other affiliated persons (individually “Group Participant” and collectively, "Group Participants") be permitted to participate in Great Plains SPCA-sponsored or authorized programs, volunteer work, events, animal handling, premises activities, and related activities identified above and any related activities authorized by Great Plains SPCA (individually “Activity” and collectively, the "Activities"). Company understands that participation is voluntary and that the Activities may involve physical labor, close contact with animals, use of equipment, and other potentially hazardous conditions. 1. ANNUAL TERM; COVERED ACTIVITIES.This Agreement is effective on the date the Authorized Representative signs below (the "Effective Date") and remains in effect through 11:59 p.m. local time on the day immediately preceding the first anniversary of the Effective Date (the "Term"). It applies to each and every Activity in which Company or any Group Participant participates during the Term, whether participation occurs on one or multiple occasions, on or off Great Plains SPCA premises, and in Kansas or Missouri. This Agreement does not automatically renew. Great Plains SPCA may require Company or any Group Participant to execute a new, replacement, or supplemental agreement at any time as a condition of participation, including for an Activity involving additional or different risks. Nothing in this Agreement creates a right to participate in any Activity. Expiration of the Term does not affect any release, waiver, assumption of risk, indemnification, defense obligation, media or publicity authorization, or other provision applicable to an Activity, occurrence, claim, or obligation arising during the Term, and those provisions survive to the extent necessary to give them effect. 2. ASSUMPTION OF RISK. Company understands that the Activities involve inherent and other risks, whether known or unknown, foreseeable or unforeseeable. These risks may include, without limitation: unpredictable animal behavior, including frightened, reactive, aggressive, or escaping animals; bites; scratches; puncture wounds; crushing injuries; facial injuries; scarring; infection; kicks; collisions, or being knocked down; bites, scratches, kicks, collisions, or escapes; zoonotic diseases and other illnesses; exposure to allergens, parasites, bodily fluids, cleaning agents, disinfectants, medications, or other substances; slips, trips, falls, uneven or wet surfaces; lifting, carrying, bending, repetitive motion, and other physical exertion; contact with cages, leashes, tools, sharp objects, vehicles, or equipment; acts or omissions of other participants or members of the public; and risks associated with off-site activities or transportation, including boarding, exiting, loading, unloading, riding in, or operation of vehicles, when included in the Activities. Company knowingly and voluntarily assumes the foregoing all risks of injury, illness, death, or property damage arising from or relating to the Activities, including risks arising from the ordinary negligence of a Released Party, and, to the fullest extent permitted by applicable law, risks for which a Released Party might otherwise be subject to strict or statutory liability because of ownership, possession, custody, control, or handling of an animal. Company understands that individual Group Participants separately assume risks, if at all, through their own individual agreements and conduct. 3. RELEASE OF ORDINARY NEGLIGENCE; STRICT AND STATUTORY LIABILITY. To the fullest extent permitted by the law applicable under the Governing Law; Venue; Severability section below, and in consideration of being permitted to participate in the Activities, Company, for itself only and not on behalf of any individual Group Participant, knowingly and voluntarily releases, waives, covenants not to sue, and forever discharges the Released Parties from Company’s own claims for damage to or loss of Company property and other economic loss arising out of or relating to the Activities, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY and including ordinary negligent acts or omissions relating to the selection, intake, behavioral assessment or evaluation, classification, training, restraint, custody, supervision, handling, or placement of an animal; failure to warn of animal behavior or other hazards; participant or volunteer training or supervision; premises conditions; equipment; transportation or operation of a motor vehicle; or the conduct of the Activities. and including ordinary negligent acts or omissions relating to supervision, animal handling, premises conditions, equipment, or the conduct of the Activities. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT ALSO RELEASES CLAIMS BASED ON STRICT OR STATUTORY LIABILITY ARISING FROM A RELEASED PARTY'S OWNERSHIP, POSSESSION, CUSTODY, CONTROL, OR HANDLING OF AN ANIMAL, INCLUDING, WHEN APPLICABLE, CLAIMS UNDER SECTION 273.036, RSMo. To the extent lawfully waivable, this release also includes any claim held by Company in its own right for reimbursement, contribution, or indemnity arising from such Company property damage or economic loss. This Agreement does not waive any statutory workers' compensation subrogation or lien right, insurer right, or other right that applicable law does not permit to be waived. This Agreement does not apply to conduct or liability that applicable law does not permit to be released, including, to the extent applicable, gross negligence, wanton or reckless conduct, or willful or intentional misconduct. Nothing in this Agreement releases, impairs, or waives any claim belonging to an individual Group Participant. 4. GROUP PARTICIPANT AGREEMENTS. Company acknowledges and agrees that Great Plains SPCA requires each adult Group Participant to execute Great Plains SPCA's then-current adult participant release and requires each minor Group Participant's parent or legal guardian to execute Great Plains SPCA's then-current minor participant / parent or legal guardian agreement before that person participates. Completion of the applicable individual agreement is a condition of participation. Company will reasonably assist Great Plains SPCA in communicating, administering, and confirming compliance with this requirement and will not knowingly permit, direct, or encourage any person to participate unless the applicable individual agreement has been completed. Great Plains SPCA may deny, suspend, or discontinue participation by any person who does not have a current applicable agreement in effect, or whose agreement Great Plains SPCA reasonably determines is incomplete or invalid. 5. SAFETY RULES AND GROUP RESPONSIBILITIES. Company will designate a group coordinator who will remain reasonably available during the Activities and will communicate Great Plains SPCA safety rules and operational instructions to Group Participants and use reasonable efforts to promote compliance with them. Company agrees that its personnel acting on Company's behalf will follow Great Plains SPCA safety rules, instructions, animal-handling procedures, and staff directions; to use required safety equipment; to immediately report unsafe conditions, injuries, bites, scratches, or exposures; and refrain from directing any person to perform an Activity that Great Plains SPCA has prohibited. Company will promptly notify Great Plains SPCA of any material safety concern or incident known to Company arising in connection with the Activities. Great Plains SPCA may limit, suspend, or terminate an Activity or any person's participation at any time in its discretion for safety, animal-welfare, or operational reasons, without liability to Company for resulting lost time or Company expense except to the extent applicable law requires otherwise.
6. EMPLOYMENT, WORKERS' COMPENSATION, AND INSURANCE MATTERS. Company remains solely responsible for its employment-related obligations to its employees and other personnel, including workers' compensation coverage and other insurance to the extent required by applicable law. Upon Great Plains SPCA's reasonable request, Company will provide evidence of workers' compensation coverage required by applicable law. Participation does not create an employment relationship, joint-employment relationship, partnership, joint-venture, or agency relationship between Great Plains SPCA and Company or any Group Participant. Nothing in this Agreement is intended to waive Company's obligations under applicable workers' compensation law or to waive or impair any statutory workers' compensation subrogation or lien right or insurer right, except to the extent expressly and lawfully agreed by the person or insurer holding that right. 7. EMERGENCY MEDICAL AUTHORIZATION; INSURANCE; EXPENSES. Company authorizes Great Plains SPCA personnel to contact emergency medical services or other emergency responders if reasonably believed necessary for a Group Participant. Great Plains SPCA has no duty to provide medical care, transportation, or emergency response and does not undertake to do so. Great Plains SPCA does not provide insurance and does not become responsible for medical, ambulance, transportation, or other expenses merely by requesting emergency assistance. Responsibility for such expenses will be determined under applicable law and any applicable benefit or insurance arrangements. 8. MEDIA AND PUBLICITY CONSENT. This Agreement does not authorize Company to consent to the use of any individual Group Participant's name, image, likeness, or voice. Any such consent is governed by the individual participant's separate agreement or other valid authorization. Company may separately authorize Great Plains SPCA to identify Company as a participating organization and to use Company's name or logo for recognition or publicity purposes by initialing one selection below to use of Company name/logo for charitable recognition and publicity, subject to any written brand guidelines Company supplies before use. If Company consents, Company grants Great Plains SPCA a nonexclusive, royalty-free license to use Company's name and logo in connection with charitable recognition, fundraising, and publicity relating to Company's participation in the Activities. This media consent is voluntary and is not a condition of participation. If Company does not initial either choice, Company will be treated as having selected "I DO NOT CONSENT." Any later written request to withdraw consent will apply only to new recordings and new uses first initiated after Great Plains SPCA receives and reasonably processes the request; it will not require recall, removal, destruction, or cessation of materials already created, published, distributed, or committed for publication.
9. INDEMNIFICATION. To the fullest extent permitted by the law applicable under the Governing Law; Venue; Severability section below, Company agrees to defend, indemnify, and hold harmless the Released Parties from and against third-party claims, losses, damages, liabilities, judgments, settlements, and reasonable attorneys' fees and defense costs to the extent arising out of or caused by Company's negligence, material violation of Great Plains SPCA safety rules or instructions or breach of this Agreement, the negligence or intentional misconduct of Company's officers, employees, agents, contractors, or other persons acting on Company's behalf in connection with the Activities. Upon written tender of a claim subject to this Section, Company will promptly assume and diligently conduct the defense with counsel reasonably acceptable to Great Plains SPCA. Great Plains SPCA may participate in the defense with counsel of its choosing at its own expense, except that Company will pay the reasonable fees of separate counsel to the extent a conflict of interest caused by the claim or Company's breach of its defense obligation reasonably requires separate counsel. Company may not settle a claim subject to this Section without the affected Released Party's prior written consent if the settlement admits wrongdoing by, imposes nonmonetary obligations on, or does not provide a full release of that Released Party; such consent will not be unreasonably withheld. This indemnification does not require Company to indemnify any Released Party for that Released Party's own negligence or other fault. 10. GOVERNING LAW; VENUE; SEVERABILITY. This Agreement is intended to be enforceable to the fullest extent permitted by the law applicable to the Activities. If the Activity giving rise to a claim principally occurred in Kansas, this Agreement and the claim shall be governed by Kansas law. If the Activity giving rise to a claim principally occurred in Missouri, this Agreement and the claim shall be governed by Missouri law. In either case, the governing state's substantive law applies without regard to its conflict-of-laws principles, except where applicable law requires otherwise. Any action or proceeding arising out of or relating to this Agreement or the Activities shall be brought exclusively in the District Court of Johnson County, Kansas or in the United States District Court for the District of Kansas located in Kansas City, Kansas, unless applicable law requires otherwise; each party consents to personal jurisdiction and venue exclusively in such courts to the fullest extent permitted by law. If any provision of this Agreement is held invalid or unenforceable under applicable law, it shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. This Agreement applies only to Company's participation in the Activities identified above and does not modify any separate written sponsorship, service, facility-use, or other agreement between Company and Great Plains SPCA. Except for any such separate written agreement, this Agreement constitutes the entire agreement between Company and Great Plains SPCA concerning the subject matter addressed in this Agreement and supersedes prior or contemporaneous oral statements or understandings concerning that subject matter. No amendment to this Agreement is effective unless in writing and signed by authorized representatives of both parties. No waiver by Great Plains SPCA of any provision or breach is effective unless in writing and signed by an authorized representative of Great Plains SPCA, and no waiver of one provision or breach constitutes a waiver of any other or subsequent provision or breach.
11. AUTHORITY AND KNOWING AGREEMENT. The person signing below represents and warrants that the person is authorized to bind Company. The Authorized Representative acknowledges that the Authorized Representative has read this Agreement, understands it, has had the opportunity to ask questions and consult with counsel before signing, signs it knowingly and voluntarily on behalf of Company, and has not relied on any oral statement inconsistent with the terms of this Agreement. BY SIGNING BELOW, COMPANY ACKNOWLEDGES THAT SECTION 2 RELEASES CERTAIN CLAIMS OF THE COMPANY, INCLUDING COMPANY CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF GREAT PLAINS SPCA OR ANOTHER RELEASED PARTY. THIS AGREEMENT DOES NOT RELEASE AN INDIVIDUAL GROUP PARTICIPANT'S PERSONAL CLAIMS. FURTHER COMPANY ACKNOWLEDGES THAT THIS AGREEMENT APPLIES TO ALL ACTIVITIES OCCURING DURING THE TERM.
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