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.

 

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.

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Initials

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. PARTICIPANT 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 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.

 

I acknowledge and agree that by clicking to initial any boxes in this Agreement or by signing

electronically herein, I am providing an electronic signature as defined by the electronic signatures in

Global and National Commerce Act ('E-Sign') and the Uniform Electronic Transactions Act ('UETA').

Print Name and sign:

Adult Participant: ___________________________________

Adult Participant: ___________________________________

Adult Participant: ___________________________________

Adult Participant: ___________________________________

Adult Participant: ___________________________________

Adult Participant: ___________________________________

Child Participant #1: _________________________________

Child Participant #2: _________________________________

Child Participant #3: _________________________________

Child Participant #4: _________________________________

Tour Guidelines

  • Reservations are required. All payments must be made via credit card prior to tour arrival.
  • No refunds unless cancellations due to severe weather or Highpoint Havens discretion. 
  • Upon Arrival, Tour must sign a guest liability waiver.
    • For children under 18 years old, a legal guardian must sign waiver. 
  • Tour guests will stay with staff member at all times. 
  • No pets allowed on tours or on the property due to our animal safety protocols. 
  • This is a working ranch so please be respectable to staff while on this tour. 
  • This is an interactive tour however it is up to the animals to participate in the interactions. 
  • The property can have muddy conditions and you will be walking in unpaved grassy areas; please wear closed toed shoes. Please be physically able; this is a moderate walking event. 
  • We ask that guests with long hair please pull back in a ponytail style and also leave long jewelry at home. 
  • Absolutely no cigerattes or vapes allowed on premises.
  • If the staff member in charge of your tour feels that any ones safety (human or animal) is compromised, they have the right to end the tour. 
  • Texas can have extreme variable weather conditions. Please be well hydrated and bring any necessary resources relevant to weather (water bottle, etc).
Highpoint Haven 
11015 Cole Road Pilot Point TX 76227
Copyright © 2024 Highpoint Haven