Please Read Carefully – This is a legal document that affects your legal rights
As a member of Owls Roost Wildlife Sanctuary, Inc. and as a participant in the activity of maintenance, care, and presentation of educational animals by Owl’s Roost Wildlife Sanctuary, Inc. of owlsroost.org and/or use of the property, facilities and services of Owl’s Roost Wildlife Sanctuary, Inc., I agree for myself and (if applicable) for members of my family to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Owls Roost Wildlife Sanctuary, Inc., or the officers, representatives or agents of Owl’s Roost Wildlife Sanctuary, Inc.,.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) to my family members, and further release and discharge Owl’s Roost Wildlife Sanctuary, Inc., for injury, loss, or damage arising out of my or my family’s use or presence upon the facilities of Owl’s Roost Wildlife Sanctuary, Inc.,, whether caused by the fault of myself, my family, Owl’s Roost Wildlife Sanctuary or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Owl’s Roost Wildlife Sanctuary, Inc., against all claims, causes of action, damages, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Owl’s Roost Wildlife Sanctuary, Inc.,.
4. FEES. I agree to pay for all damages to the facilities of Owl’s Roost Wildlife Sanctuary, Inc., caused by any neglect, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to agree to this Agreement and that I have been given a reasonable opportunity to review it be agreement. I further agree and acknowledge that I am free to have my own legal counsel review the Agree ment if I so desire. I further agree and acknowledge that Owl’s Roost Wildlife Sanctuary, Inc., has offered to refund any fees I have paid to use its facilities if I choose not to agree to this agreement.
7. SEVERABILITY. I agree that in the event that any clause or provision of this Agreement shall be held invalid by any court of competent jurisdiction, the invalidity of such a clause or provision shall not otherwise affect the remaining provisions of this Agreement, which shall continue to be enforceable.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, then any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded them by law.
BY CHECK THE “I AGREE” BOX , I ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.