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RELEASE AND WAIVER OF LIABILITY FOR HAPPY HERD FARM SANCTUARY SOCIETY

Important: Each visitor must read and agree to the terms of the “Release and Waiver Liability” before visiting Happy Herd Farm Sanctuary. Please read this waiver carefully. By having your name in the tour booking, you agree to the “Release and Waiver Liability” and you will waive certain legal rights including the right to sue.

RELEASE AND WAIVER OF LIABILITY FOR HAPPY HERD FARM SANCTUARY This Release and Waiver of Liability (the “Release”) in favor of HAPPY HERD FARM SANCTUARY SOCIETY, a society organized and existing under the laws of the Province of British Columbia, Canada, and its directors, officers, employees, volunteers, agents, successors and assigns (collectively “Happy Herd”) and each of Diane Marsh and Donald Stephen Wiltshire (collectively the “Owners” and together with Happy Herd, the “Releasees”). The undersigned individual and, if applicable, the minor(s) in their charge (collectively, the “Releasor”) desires to visit the land and facilities that comprise Happy Herd Farm Sanctuary located at 1920 269A Street, Langley, BC (the “Facilities”) and participate in the activities related to being a visitor (the “Activities”). In consideration of the Releasees permitting the Releasor to enter on the Facilities and to participate in the Activities, the Releasor hereby freely and voluntarily, without duress, executes this Release under the following terms:

  1. Waiver and Release. The Releasor agrees to release, forever discharge, indemnify and hold harmless the Releasees from any and all liability, claims, and demands of whatever kind or nature, either in law of in equity, which arise or may hereafter arise as a result of the Releasor coming on or using the Facilities or participating in the Activities, including negligence, breach of contract, and breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act (British Columbia). The Releasor understands and acknowledges that this Release discharges the Releasees from any liability or claim that the Releasor may have against the Releasees with respect to bodily injury, personal injury, illness, death, and/or property damage that may result from the Releasor coming on or using the Facilities or participating in the Activities, whether caused by the negligence of the Releasees or otherwise.
  2. Medical Treatment. The Releasor hereby releases and forever discharges the Releasees from any claim whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical services rendered in connection with the Releasor coming on or using the Facilities or participating in the Activities.
  3. Assumption of Risk. The Releasor understands and acknowledges that the Activities may be hazardous to the Releasor including, but not limited to, petting and/or feeding animals such as, but not limited to, goats, chickens, turkeys, cows, pigs, horses, donkeys, dogs and cats (collectively, the “Animals”). The Releasor recognizes and understands that the Activities may, in some situations, be inherently dangerous and that these dangers may not be obvious or apparent. The Releasor is aware that the Animals may act unexpectedly and unpredictably at times and that there may be negligence on the part of other visitors. These potential dangers are part of and inherent to the Activities the Releasor is going to engage in. The Releasor hereby expressly assumes the risk of injury or harm in these Activities and releases the Releasees from all liability for injury, illness, death, or property damage resulting from these Activities. The Releasor further agrees that he or she will adhere to all instructions given, or rules established, by the Releases.
  4. Photographic and Statement Release. The Releasor grants and conveys unto Happy Herd all right, title, and interest in any and all photographic images, video or audio recordings, and statements or writing made by or to Happy Herd during my Activities with Happy Herd (the “Materials”), including, but not limited to, any royalties, proceeds, or other benefits derived from such materials. The Releasor grants Happy Herd the unrestricted right and permission to use the Materials for any lawful purpose whatsoever. The Releasor waives any right of publicity or privacy he or she might have with respect to such Materials.
  5. Other. The Releasor expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of British Columbia. The Releasor agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable. The Releasor agrees that this Release will be effective and binding upon his or her heirs, next of kin, executors, administrators, assigns and representatives in the event of his or her death or incapacity. In signing this Release, the Releasor is not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Release.

I HAVE READ AND UNDERSTOOD THIS Release prior to booking a tour and I am aware that by signing this Release I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators or assigns may have against the Releasees in the bookings.