Liability Waiver
Highpoint Haven LLC
RELEASE AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. BY SIGNING, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS AND AGREEING TO BROAD INDEMNIFICATION OBLIGATIONS. THIS AGREEMENT. CONTAINS AN ARBITRATION CLAUSE AND WAIVER OF TRIAL BY JURY.
Introduction
This Release and Indemnification Agreement (this “Agreement”) is entered into by the below-named adult participant (the “Adult Participant”) and any minor(s) named below (each a “Child Participant”) and collectively with all Child Participants and Adult Participants, the “Participant”). If any Child Participants are named below, the Adult Participant represents it is either the parent or legal guardian for such Child Participant(s) in favor of Highpoint Haven, LLC, a Texas limited liability company (the “Highpoint Haven”), has full authority to enter into this Agreement on such Child Participant’s behalf without any other consent(s), and agrees that anywhere the word “Participant” is used herein, such term shall mean collectively on behalf of the Adult Participant for himself or herself individually as well as on behalf of each Child Participant.
In consideration of Highpoint Haven permitting Participant to enter 11015 Cole Road, Pilot Point, TX 76258 (the “Premises”) and participate in an exotic animal tour and any other activities offered or permitted on the Premises (collectively the “Activities”), Participant agrees as follows:
1. Participant agrees and represents that Participant is qualified, in good health, and in proper mental
and physical condition to participate in the Activities and further warrants to Highpoint Haven that
Participant will immediately discontinue any participation in the Activities if this representation becomes
untrue at any time, for any reason.
2. Participant acknowledges there are risks, inherent and otherwise, in, and injuries that may occur
from participating in, the Activities. These risks may include, but are not limited to, serious bodily injury,
emotional or psychological injury, disability, paralysis, and death, and may be caused by (a) Participant’s
negligence, acts, or omissions; (b) other participants’ negligence, acts, or omissions; or (c)
HIGHPOINT
HAVEN’S NEGLIGENCE, ACTS, OR OMISSIONS, INCLUDING THOSE OF ITS EMPLOYEES OR
REPRESENTATIVES. DUE TO THE NATURE OF THE ACTIVITIES, THERE ARE MORE HAZARDS AND RISKS
THAN THE FOREGOING WHICH INCLUDE OTHER SOCIAL AND ECONOMIC RISKS, ALL OF WHICH MAY
BE UNKNOWN OR NOT READILY FORESEEABLE HAZARDS WHICH PARTICIPANT FULLY ACCEPTS
RESPONSIBILITY AND LIABILITY FOR, INCLUDING ANY LOSSES, COSTS, AND DAMAGES THAT MAY
ARISE AS A RESULT OF SUCH RISKS.
Participant acknowledges that the provisions of Section 2 above evidence an intent of the
parties to transfer the risk of Highpoint Haven’s own future negligence to Participant.
3. By entering the Premises or when engaging in the Activities, there is a risk of exposure to
bacteria, fungus, viruses, unknown contagious diseases, COVID-19, and variants of the foregoing or other
similar exposures which are both known and unknown as of the date this Agreement (collectively
“Germs”), which, despite reasonable efforts, cannot be eliminated.
CONSEQUENTLY, TO THE FULLEST
EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES,
AND HEREBY AGREES TO INDEMNIFY HIGHPOINT HAVEN FROM ALL CLAIMS AND BODILY INJURY
RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY GERMS IN ANY WAY CONNECTED TO
PARTICIPANT’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES.
4. Notwithstanding the acknowledgement of the foregoing risks and any reasonable safety measures
implemented by Highpoint Haven, Participant acknowledges it is impossible to eliminate the risk of
injury and understands the demands of the Activities.
PARTICIPANT AFFIRMS THAT
PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT
KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES,
ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE
PREMISES.
Participant assumes all risks associated with alcohol consumption both before and after
entry onto the Premises and takes full responsibility for Participant’s own actions, safety, and welfare.
Participant understands, acknowledges, and agrees not to participate in any Activities or enter the
Premises if Participant is under the influence of alcohol or any other drug, prescription or otherwise.
5. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT, ON BEHALF
OF HIMSELF OR HERSELF, EACH CHILD PARTICIPANT, AND ITS AND THEIR HEIRS,
EXECUTORS, AND REPRESENTATIVES, FULLY RELEASES, AGREES NOT TO SUE,
AND AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY HIGHPOINT
HAVEN, THE LANDLORD, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS,
PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, HEIRS, ASSIGNS, AND
INSURERS OF ALL OF THEM (COLLECTIVELY, “RELEASED 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 PARTICIPANT RESULTING IN ANY WAY
FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B) PARTICIPANT’S ACTIVE OR
PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL
PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY
PARTICIPANT OR ANY OTHER INVITEE OF HIGHPOINT HAVEN, (E) PARTICIPANT’S
BREACH OF THIS AGREEMENT, OR (F) ANY NEGLIGENT RESCUE OR LIFE-SAVING
ATTEMPT OR OPERATION BY ANY OF THE RELEASED PARTIES. THIS RELEASE
AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE
OR IN PART BY THE NEGLIGENCE, STRICT LIABILITY, OR OTHER ACT OR
OMISSION OF THE RELEASED PARTIES OR PARTICIPANT; PROVIDED, HOWEVER,
NOTHING IN THIS SECTION OR ANY OTHER SECTION IS INTENDED TO RELIEVE THE RELEASED PARTIES FROM THEIR OWN GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S
OBLIGATION TO INDEMNIFY THE RELEASED PARTIES FROM (I) ANY SUM OR
SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING
FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (II)
ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF
PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT
FOR OR ON BEHALF OF THE CHILD PARTICIPANT.
6. 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 (each a “Dispute”) may be brought by a party hereto
in such party’s 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.
7. TO THE EXTENT PERMITTED BY LAW, PARTICIPANT AND HIGHPOINT HAVEN
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 but for the intention of each party to waive such right herein.
8. Participant irrevocably grants the Released Parties the right to use all or a portion of an image,
recording, or video, audio or visual, of Participant 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.
TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR
PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH
THE FOREGOING. PARTICIPANT RELEASES THE RELEASED PARTIES FROM ANY
CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS,
VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF
PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR
COPYRIGHT.
9. If Adult Participant signs this Agreement on behalf any child, Adult Participant warrants and
represents to Highpoint Haven that such Adult Participant has the legal authority to execute this
Agreement on such child’s behalf, including, but not limited to, agreeing to the arbitration clause, release,
indemnity agreement, and license granted herein and expressly agrees (a) no other consents are necessary;
and (b) neither Adult Participant nor any Child Participant would have been permitted to enter the
Premises or participate in the Activities unless Highpoint Haven received the representations set forth
herein
10. Participant represents to the Released Parties (a) that this Agreement is a complete and final
release and indemnity agreement, (b) that Participant is voluntarily entering into this Agreement, and (c)
no representations, promises, or statements made by any of the Released Parties has influenced
Participant in signing this Agreement. Participant agrees that there are no (and Participant is not relying
on any) oral agreements, representations, promises, or warranties that are not expressly set forth herein.
11. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is
permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that
the balance shall, notwithstanding, continue in full legal force and effect. This Agreement may only be
modified in a writing duly executed by the parties hereto.
12. Venue for any action brought hereunder or due to Participant’s use of the Premises or
participation in the Activities shall lie in Grayson County, Texas. The substantive laws of the state of
Texas shall apply without regard to its conflict of laws principles.
13. Participant represents to the Released Parties as follows: (a) Participant shall obey all rules while
participating in the Activities and alert the staff of any rules violations or dangerous behavior by any other
participant or invitee; (b) Participant possesses a sufficient level of skill and mental and physical fitness
for safe participation in the Activities and agrees not to participate if this is no longer true; (c) Participant
shall only attempt Activities that Participant can perform safely; (d) Participant is not aware of any health
problems that would prevent Participant from participating in the Activities and agrees to immediately
stop participating if Participant becomes aware of any, expressly including any discomfort, shortness of
breath, faintness, anxiety, or pains; (e) Participant has received either medical clearance from Participant’s
physician prior to participation in the Activities or has determined that such clearance is not necessary for
Participant’s safe participation in the Activities; and (f) Highpoint Haven may, but shall not be obligated
or required to, administer to Participant emergency aid, CPR, or use a defibrillator, secure emergency
medical care or transportation if needed, and Participant agrees to assume all costs of any of the
foregoing. emergency medical care and transportation.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD SUFFICIENT
OPPORTUNITY TO READ THIS AGREEMENT, I READ AND FULLY UNDERSTAND
THIS AGREEMENT, I AGREE TO BE BOUND AS SET FORTH HEREIN, AND
AGREE WITH THE BROAD INDEMNIFICATION CLAUSES, ARBITRATION,
WAIVER OF JURY TRIAL, AND OTHER RELEASES, WAIVERS, AND INDEMNITIES
SET FORTH HEREIN AND AM FREELY ENTERING INTO THIS AGREEMENT
WITHOUT INDUCEMENT OR OTHER ASSURANCES.
