COMPLETE RELEASE FROM LIABILITY IN CASE OF INJURY OR LOSS,
WAIVER INDEMNITY AGREEMENT
(To be Signed by all Llama Participants)
Under Colorado Law, a llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of llama activities, pursuant to section 13-21-119, Colorado Revised Statutes.
This Complete Release From Liability in Case of Injury or Loss, Waiver Indemnity Agreement (“Release") is entered into by the undersigned in favor of John Myers and Llamas Colorado, and any and all agents, owners, members, managers, affiliates, employees, promoters, sponsors, other packers, llama owners, advertisers, sales persons, photographers and volunteers that are in anyway associated with Llamas Colorado (collectively, "Released Parties"). In consideration of being permitted by the Released Parties to participate in the rental of llamas, llama packing and/or llama activities, including, without limitation, the handling and care of llamas (whether or not with or without compensation to the Released Parties), Participant (“Participant” or “I”) acknowledges and agrees as follows:
1. HAZARDOUS ACTIVITY. I AM AWARE AND UNDERSTAND THAT THE RENTAL OF LLAMAS, LLAMA PACKING, LLAMA ACTIVITIES INCLUDING, WITHOUT LIMITATION, THE HANDLING AND CARE OF LLAMAS, ARE INHERENTLY HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVITIES, AND BEING IN THE VICINITY OF SUCH ACTIVITIES, WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED, AND I ASSUME ALL THE RISK THEREOF. I am aware and understand that llamas are powerful, unpredictable, and potentially uncontrollable animals. All llamas, even those that are well trained and appear calm and docile, may and will, among other things, rear, kick, bite, or move uncontrollably without warning, and without apparent cause or in response to external stimuli (such as wind, weather, sound, or movement of people, other llamas, other animals, motor vehicles, bicycles, machinery, doors, or other inanimate objects) that may induce fear, panic, anger or reflex actions in the llama. I am aware and understand that serious, permanent bodily injury and disability or death of myself, or others within the vicinity of llamas, may result from the rental of llamas, llama packing, llama activities including, without limitation, the handling or care of llamas, or being in the vicinity of llamas, and that llamas and other property belonging to me or others may be, as applicable, killed, injured, or damaged.
I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY (INCLUDING PERMANENT BODILY INJURY AND DISABILITY), COMPLETE RELEASE FROM LIABILITY IN CASE OF INJURY OR LOSS, WAIVER INDEMNITY AGREEMENT Page 2 of 4 ILLNESS, DISEASE OR DEATH TO MYSELF AND TO ALL OTHER PERSONS, AND ALL FINANCIAL LOSSES, INJURY, DAMAGES, DESTRUCTION AND/OR LOSS OF MY PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE LLAMA, AND OTHER PERSONS' PROPERTY, INCLUDING, BUT NOT LIMITED TO, THEIR LLAMA, ARISING FROM THE RENTAL OF LLAMAS, LLAMA PACKING OR LLAMA ACTIVITIES INCLUDING, WITHOUT LIMITATION, THE HANDLING AND CARE OF LLAMAS BY ME OR OTHER PERSONS, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE. I FURTHER UNDERSTAND THAT IT IS MY RESPONSIBILITY TO BE INSTRUCTED IN THE PROPER METHODS OF HANDLING OR CARING FOR A LLAMA AND THAT I SHOULD WEAR PROPER SAFETY EQUIPMENT AT ALL TIMES WHILE HANDLING OR CARING FOR A LLAMA AND THAT AT NO TIME SHOULD I OR ANY PERSON EVER ATTEMPT TO RIDE A LLAMA. IN ADDITION, I AGREE THAT ANY LLAMA ACTIVITY CONDUCTED OR SUPERVISED BY JOHN MYERS, AND/OR LLAMAS COLORADO IS DONE AT MY OWN RISK.
2. AGREEMENT NOT TO SUE. I HEREBY AGREE THAT I, MY HEIRS, DISTRIBUTEES, GUARDIANS, PARENTS, SUCCESSORS, LEGAL REPRESENTATIVES, AND ASSIGNS WILL NOT MAKE A CLAIM AGAINST, SUE, DEMAND COMPENSATION OR INDEMNITY FROM, OR ATTACH ANY OF THE PROPERTY OR ASSETS OF, THE RELEASED PARTIES, and each of them, for any loss or damage arising or resulting from any bodily injury, disability, illness, disease, death, financial loss, property loss, damage or destruction, or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or any other person as a direct or indirect consequence of my participation, or the participation of any other person, in the rental of llamas, llama packing and/or llama activities, including, without limitation, the handling and care of llamas, whether caused by the negligence of any of the Released Parties or otherwise. Initial here____________
3. RELEASE. On behalf of myself, my heirs, successors, parents, distributees, guardians, legal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, AND EACH OF THEM, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, EITHER IN LAW OR IN EQUITY, based on any bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction, or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or by any other person as a direct or indirect consequence of my participation, or the participation of any other person in the rental of llamas, llama packing and/or llama activities, including, without limitation, the handling and care of llamas, whether caused by the negligence of any of the Released Parties or otherwise; provided that nothing in this Section 3 shall be deemed to release any Released Parties from liability arising from: (a) his own willful injury of me or any other person or any property, (b) his own fraud, or (c) his own violation of any law.
4. INDEMNIFICATION. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses (including, but not limited to, attorneys fees) arising from or in connection with the injury, illness or death of myself or any person sustained or suffered as a direct or indirect consequence of my participation in the rental of llamas, llama packing and/or llama activities, including, without limitation, the handling and care of llamas, including, but not limited to, the damage, destruction, or loss of any of my or any person's property including, but not limited to llamas.
5. REPRESENTATIONS AND WARRANTIES. I REPRESENT AND WARRANT THAT: (a) I HAVE READ THIS RELEASE CAREFULLY, AND I FULLY UNDERSTAND ALL OF IT'S TERMS AND PROVISIONS; (b) I AM 18 YEARS OF AGE OR OLDER, AND I AM LEGALLY COMPETENT TO ENTER INTO THIS RELEASE; (c) NO PROMISE, INDUCEMENT, OR AGREEMENT HAS BEEN OFFERED OR MADE TO ME IN CONNECTION WITH MY EXECUTION AND DELIVERY OF THIS RELEASE; AND (d) I HAVE KNOWINGLY AND VOLUNTARILY EXECUTED AND DELIVERED THIS RELEASE AT MY OWN RISK AND INITIATIVE, AND OF MY OWN FREE WILL, WITHOUT RELYING ON ANY STATEMENT OR REPRESENTATION OF ANY RELEASED PARTIES.
I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE IS A RELEASE OF LEGAL LIABILITY. IN THE EVENT OF ANY LITIGATION, THIS RELEASE MAY BE RAISED AS A DEFENSE AND BAR TO, AND AS A WAIVER AND RELEASE OF, LEGAL RIGHTS THAT MIGHT OTHERWISE BE ASSERTED BY ME OR BY MY HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND/OR ASSIGNS.
I have read and voluntarily signed this Release and further represent that I am informed about the subject matter of this Release and the rights I am waiving herein. __________ INITIAL HERE
6. SEVERABILITY. If one or more provisions of this Release are held to be unenforceable under applicable law, each unenforceable provision shall be excluded from this release, and the balance of this Release shall be interpreted as if each such unenforceable provision were excluded, and the balance of this Release as so interpreted shall be enforceable in accordance with its terms. I further agree that this Release is intended to be as broad and inclusive as is permitted by the law of Colorado.
By myself or on behalf of (signature)______________________________(Participant),
Parent or Legal Custodian of _____________________(if applicable)
Signed this ______ day of _______________, 20_______.
If I am signing on behalf of a minor, in addition to the above, I also agree to RELEASE, HOLD HARMLESS and INDEMNIFY Llamas Colorado for any claims of the minor. I agree to be responsible for any medical expenses incurred by the minor. ___________ INITIAL HERE