This Assumption of Risk, Release of Liability, Wavier of Claims & Binding Arbitration Agreement (Agreement) is entered into by the Invitee/Volunteer, and if any minor(s) is/are named below, the Invitee/Volunteer on behalf of and as parent or legal guardian for such minor(s) identified below in favor of Summer Soles, LLC; Summer Soles, LLC d/b/a FarmHouse Fresh; FarmHouse Fresh Animal Sanctuary; Hani Abu-Eideh and Shannon McLinden (collectively referred to herein as “FarmHouse Fresh” ).
In consideration of FarmHouse Fresh permitting Invitee/Volunteer to enter the premises and tour, volunteer or participate in activities, in, about, or near 8797 County Road 858, McKinney, Texas 75071 or any other premises owned or operated by FarmHouse Fresh wherever located (Premises), Invitee/Volunteer agrees as follows:
1. Nature of Activities.
Farmhouse Fresh operates an animal sanctuary whose mission is to rescue and rehabilitate farm animals that may be recovering from illness, injury or overall dire circumstances. From time to time, Farmhouse Fresh will provide tours of the animal sanctuary to allow the public to witness some of the wonderful work they do with these animals or even allow volunteers to participate in assisting Farmhouse Fresh with its day-to-day activities.
2. Types of Risks.
A. Risks Associated with Activities. I understand and acknowledge the inherent risks and potential hazards associated with working with or being around farm animals, including but not limited to horses, donkeys, goats, and sheep. These risks may include falling, being kicked, stepped on, or bitten by an animal, as well as the possibility of injury from overhead objects. I also acknowledge the risks associated with participating in recreational and outdoor activities, which may include but are not limited to (1) snake, animal, or insect bites, (2) uneven ground, (3) exposure to sun, cold, and wind, (4) cuts and scrapes, (5) sore or pulled muscles, (6) broken, dislocated, or fractured bones, (7) nerve damage, (8) internal injuries, (9) head injuries, (10) grievous bodily injury, and even death. Due to the nature of the activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before participating in activities.
B. Exposure to bacteria, fungus, virus and unknown diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases and COVID-19, which notwithstanding governmental recommendations and the practices of Farmhouse Fresh, cannot be eliminated.
CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, INVITEE/VOLUNTEER KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY FARMHOUASE FRESH FROM ALL CLAIMS OR BODILY INJURY RESULTING FROM INVITEE/VOLUNTEER’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO INVITEE/VOLUNTEER’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES.
3. Assumption of Risks.
A. Inherent Risks. Notwithstanding the foregoing risks Invitee/Volunteer acknowledges it is impossible to eliminate all risk of injury and understands the demands of the activities relative to Invitee/Volunteer’s physical condition.
INVITEE/VOLUNTEER AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND INVITEE/VOLUNTEER KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES.
4. Release and Indemnitee.
TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT INVITEE/VOLUNTEER ON BEHALF OF HIMSELF, CHILD INVITEE/VOLUNTEER, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY SUMMER SOLES, LLC; SUMMER SOLES, LLC D/B/A FARMHOUSE FRESH; FARMHOUSE FRESH ANIMAL SANCTUARY, THE LEGAL OWNERS OF THE PREMISES, HANI ABU-EIDEH AND SHANNON AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO INVITEE/VOLUNTEER RESULTING IN ANY WAY FROM (A) INVITEE/VOLUNTEER’S USE OF THE PREMISES, (B) INVITEE/VOLUNTEER’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) INVITEE/VOLUNTEER’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR INVITEE/VOLUNTEER. THE INDEMNITY SHALL ALSO INCLUDE ADULT INVITEE/VOLUNTEER’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD INVITEE/VOLUNTEER RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF INVITEE/VOLUNTEER’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD INVITEE/VOLUNTEER .
5. Dispute Resolution.
A. Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
B. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT INVITEE/VOLUNTEER AND FARMHOUSE FRESH KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located.
6. License.
A. Grant of License. Invitee/Volunteer irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Invitee/Volunteer and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. INVITEE/VOLUNTEER WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. INVITEE/VOLUNTEER RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF INVITEE/VOLUNTEER’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
7. Authority.
If Adult Invitee/Volunteer signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Invitee/Volunteer warrants and represents to Farmhouse Fresh that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
8. Acknowledgments.
Invitee/Volunteer represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Invitee/Volunteer is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Invitee/Volunteer in signing this Agreement. Invitee/Volunteer agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Invitee/Volunteer is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Invitee/Volunteer expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Invitee/Volunteer’s use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply.
9. Representations by Invitee/Volunteer.
Invitee/Volunteer represents to the Protected Parties as follows: Invitee/Volunteer shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior. Invitee/Volunteer possesses a sufficient level physical fitness for safe participation in the Activities. Invitee/Volunteer shall only attempt Activities that Invitee/Volunteer can perform safely. Invitee/Volunteer is not aware of any health problems that would prevent him/her from participating in the Activities. Invitee/Volunteer has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities. Farmhouse Fresh may, but shall not be obligated or required to, administer to Invitee/Volunteer emergency aid, CPR, and use an AED (defibrillator) if available, secure emergency medical care or transportation (i.e., EMS), and Invitee/Volunteer shall assume all costs of emergency medical care and transportation. Invitee/Volunteer shall discontinue participation in the Activities if Invitee/Volunteer feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
Invitee/Volunteer agrees and acknowledges to: uphold the privacy and confidentiality of participants, volunteers, and donors associated with FarmHouse Fresh Animal Sanctuary; agrees not to discuss or disclose any sensitive information about individuals or their families; will maintain strict confidentiality regarding personal details, including but not limited to medical conditions, financial information, personal circumstances, or any other private matters that he/she may come across while participating in activities or engaging with individuals connected to FarmHouse Fresh Animal Sanctuary and will exercise discretion and refrain from sharing any sensitive information without explicit consent, except in cases where disclosure is required by law.
9. Severability.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Texas, the remaining portions of the Agreement shall remain binding and available for use by Farmhouse Fresh and its counsel in any proceeding.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.