Beak n Wings, Inc
Release, Waiver & Indemnity
for
Visitors & Volunteers
I, voluntarily and knowingly sign this Release, Waiver & Indemnity (“Waiver”) with the express intention of divesting Beak n Wings, Inc, a Kansas non-profit, from any liabilities and obligations as described below. I understand that any animal can inflict injuries and that the birds at Beak n Wings are birds that have been rescued or given up by their owners, are unpredictable, and may bite or scratch me for any reason or for no reason. I assume all risk associated with Beak n Wings and with viewing, handling, feeding and caring for the birds at Beak n Wings.
I hereby release and forever discharge Beak n Wings and its employees, volunteers, directors, officers, administrators, agents, and assigns (collectively, “Indemnitee”) from all liability for any and all claims, demands, actions, causes of action or suits of any kind or nature whatsoever and particularly on account of any injuries (e.g., including, but not limited to, bird bites), both to person and property, and economic and non-economic losses I may suffer, that may result from, or develop in the future as a result of my handling, viewing, holding, petting, observing or otherwise the birds at or in the possession or control of Beak n Wings, Inc. I further agree that if, despite this Waiver, I or anyone on my behalf makes a claim against Beak n Wings or any Indemnitee, I will indemnify, save and hold harmless Beak n Wings or any Indemnitee from any damages, losses and expenses including, but not limited to, legal fees, courts costs, and litigation expenses.
In exchange for granting this Waiver, I acknowledge that I will be allowed access to the birds at Beak n Wings.
I understand that the following are some, but not all, of the risks associated with being handling birds from Beak n Wings and all birds:
• Bites or scratches from the birds
• Slips, trips and falls resulting from wet or slippery floors
• Hitting head on objects such as cages, perches, cabinets, etc. or other Injuries resulting from cages, perches, cabinets, etc.
• Zoonotic illnesses (human illness contracted from animals)
• Injuries related to lifting animals, food, cages or equipment
• Damage to clothing from animals, cages, chemicals, etc.
I agree to use reasonable care at all times while I am around the birds of Beak n Wings. I agree to follow all rules established by Beak n Wings and have read, understand and agree to the Beak n Wings Rules provided to me concurrently with this Waiver.
I acknowledge and agree that I: (a) fully understand the meaning of this Waiver and recognize my right to seek the advice of an attorney before signing it; (b) have signed it freely and without any inducement or assurance of any nature; (c) intend it to be a complete unconditional release of liability to the greatest extent allowed by law; and (d) agree that, if any portion of this agreement is held to be
invalid, the balance notwithstanding shall continue in full force and effect. The acceptance of this waiver shall not operate as an admission of liability on the part of anyone, nor as a waiver or bar with respect to any claim that Beak n Wings may have against the undersigned.
This release is binding on my heirs, executors, assigns and administrators. The undersigned is aware of the risks of visiting or handling the birds at Beak n Wings and hereby assumes all risks. The risks include those foreseen and unforeseen, known and unknown.
I have read this Waiver carefully and fully understand its content, and voluntarily agree to its terms. I acknowledge that, in signing this Waiver, I am waiving certain legal rights, including the right to sue.
