We enjoy working with all of you and the many friendships that have developed over the years . We have never had an occasion in the past to necessitate calling upon such a document and trust that we would never have to call upon it in the future. However, we feel this waiver is necessary for our protection and yours.
The waiver in a nutshell: Animals are animals and thus unpredictable. RescEwe is responsible for any losses to RescEwe and you are responsible for any injuries or losses to yourself or your sheep.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND IMDEMNITY AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING IT. YOUR CHECKING THE ACCEPTANCE BOX INDICATES YOU UNDERSTAND IT AND AGREE ON ITS TERMS. BY ACCEPTING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF RESCEWE; IT’S VOLUNTEERS, EMPLOYEES AND AGENTS (“THE RELEASEES”).
In consideration of having my alpacas, llamas and/or sheep sheared and on behalf of my farm and myself or my personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY:
- Acknowledge that alpacas, llamas, and/or sheep may, without warning or any apparent cause, spit, rear, bite, kick, run, make unpredictable movements, spook, jump, push or knock down a person, resulting in serious injury or death.
- ACKNOWLEDGE THAT SHEARING INVOLVES RISKS THAT MAY CAUSE INJURY, SERIOUS INJURY OR IN VERY RARE CASES DEATH, because of the unpredictable nature and behavior of alpacas, llamas, and sheep, regardless of their training, good nature, and past performance.
- Voluntarily assume the risk and danger of injury or death inherent in the use of equipment and gear used during the shearing operation namely shearers, grooming tools, teeth and toe nail trimming tools, vehicles, mats and restraints.
- RELEASE, DISCHARGE AND PROMISE NOT TO SUE RescEwe and/or any of its volunteers, employees and its agents (hereinafter the “Releasees”), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property (including animals).
- Release the Releasees from any claim that such Releasees are or may be negligent during the shearing operation including but not limited to administering routine care to the animals: shearing, nail trimming, and dental work, handling and/or securing the animals, securing restraints to anchor points.
- INDEMNIFY, AND SAVE AND HOLD HARMLESS RescEwe, or its employees, agents or volunteers from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of their service and any equipment provided therewith or any acts or omissions of employees or agents.
- The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Idaho and is intended to be as broad and inclusive as is permitted by Idaho Law and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
- Acknowledge that this document is a contract and agree that if a lawsuit is filed against RescEwe, or its employees, agents or volunteers, for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by RescEwe in defending such an action. Agree that any lawsuit will take place in Canyon County, Idaho.
I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release RescEwe, and its employees, agents or volunteers for all claims. I have made a free and deliberate choice to accept this Release and Waiver as a condition to Releasees allowing RescEwe, and its employees, agents or volunteers to shear my sheep. I have concluded that the risks involved and the release and waiver of liability is worth the service of having my sheep sheared.