RELEASE OF LIABILITY
I represent the entire party booking the private tour, and I/We hereby agree as follows:
1. I/We acknowledge that private tours are limited to a maximum of four (4) persons.
2. Inherent Risks and Assumption of Risk. a. I/We acknowledge there are inherent risks associated with activities associated with wolf-dogs such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of wolf-dogs to behave in ways such as jumping, growling, nipping, biting, and behaviors related to instinctual prey drive that may result in an injury, harm or death to persons in or around them; the unpredictability of a wolf-dog’s reaction to such things as sounds, scents, sudden movements and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions, collisions with other animals and humans, the limited availability of emergency medical care, and the potential of a participant to act in the negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over themselves or their footing, or acting hesitant or unsure of themselves. I/We acknowledge that wolf-dogs, by their very nature, can be unpredictable and subject to wild instincts, and assume all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom, including death. I/We agree to abide by and follow all rules and regulations at all times which shall be posted or otherwise communicated. I/We further acknowledge that the behavior of any animal is contingent to some extent upon the behavior of humans. I/We assume all risks therefore and warrant a full and fair disclosure of my/our abilities to be in the company of wolf-dogs. I/We expressly release Jennifer S. Ackley and Wolf PAWS, Inc. ( the “Owners”) from any and all claims for personal injury, death or property damage, even if caused by negligence by Owner or its representatives, agents or employees or their operation of a wolf-dog sanctuary.
3. I/We agree to hold harmless, indemnify and defend Owners, Officers, Directors, Employees and Volunteer Staff against, and hold harmless from, any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney’s fees, whether actually incurred or not, which may in any way arise from or be in any way connected with my/our presence upon the property of Owners and the facilities located thereon, including potential exposure to COVID-19. The Owners are specifically entitled to the protections of limitation of liability laws in the State of Tennessee, including but limited to the provisions of § 44-8-413 (b) (4) & (5) of the Tennessee Civil Code.
4. Any action brought under this Agreement shall be brought within one (1) year of the incident or accident giving rise to said claim. I/We agree that damages shall be limited to $250 for property damage, actual expenses incurred, and a maximum of $1,000 for damages such as medical expenses, pain and suffering.
5. I/We agree to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exit at the time of executing said release.
MEDIA RELEASE
1. I/We authorize Wolf PAWS Inc. Positive Awareness Wolf-dog Sanctuary, to use my/our picture, including photographic, motion picture, and electronic (video) images:
I/We hereby grant to Wolf PAWS Inc., its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, my/our name(s), pictures of me/us in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of any of the above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media.
This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever unless I/we revoke the permission in writing. I/We further grant Wolf PAWS Inc. all right, title, and interest that I/we may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant Wolf PAWS Inc. the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.
I/We hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for Wolf PAWS Inc.’s use of any of the material described above for any of the purposes authorized by this release. I/We also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.
I/We hereby authorize Wolf PAWS to send me correspondence including newsletters and other related materials via postal or electronic mail delivery.
I/We acknowledge that I/we have read the foregoing and fully understand the contents.