Liability Waiver
LIABILITY WAIVER
When ordering bees from R.Weaver Apiaries, Inc online, by phone, or in person you knowingly and freely assume all such risks, both known and unknown, of handling live bees and beekeeping activities, even if arising from negligence, and assume full responsibility for your participation and hereby release R.Weaver Apiaries, Inc, its officers, owners, employees, representatives, and participants from responsibility or liability for any risks that may come from beekeeping including, but not limited to, the following:
- damage to personal or commercial property that may be caused by beekeeping activities
- damage to neighboring property that may be caused by beekeeping
- injury or death to humans, livestock, pets, or wildlife
- litigation, complaints, or citations from neighbors, HOAs, city governments, etc.
IN CONSIDERATION OF the risk of injury that exists while participating in BEEKEEPING CLASSES, FARM TOURS, HIVING DEMONSTRATIONS, THE PURCHASE OF BEES OR BEEKEEPING EQUIPMENT (ON THE PREMISES OR ONLINE), OR ANY ACTIVITY TAKING PLACE ON THE PREMISES (hereinafter the "Activity" or "Activities"; and
IN CONSIDERATION OF my desire to participate in said Activities and being given the right to participate in same.
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor", "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age)., knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kid arising out of my participation in the Activity; and
I HEREBY release and forever discharge R. Weaver Apiaries, Inc, located at 16495 County Road 319, Navasota, Texas 77868, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury, including death, that I may suffer as a direct result of my participation in the aforementioned Activities.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIES AND I AM PARTICIPATING IN THE ACTIVITIES ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THESE ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: BEE STINGS, ALLERGIC REACTIONS, ANAPHYLAXIS, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATIONS(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THESE ACTIVITIES.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize R. Weaver Apiaries, Inc to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AED's, administration of Epinephrine, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance and epinephrine (if needed).
I FURTHER ACKNOWLEDGE that these Activities may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in these Activities unless I am medically able and properly trained, and I agree to abide by the decision of R. Weaver Apiaries, Inc official or agent, regarding my approval to participate in the Activities.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE R.WEAVER APIARIES, INC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST R.WEAVER APIARIES, INC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that stature or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of R.WEAVER APIARIES, INC, its agents, and employees.
I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THESE ACTIVITIES, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's -length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant and R.WEAVER APIARIES, INC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
If you have any questions at all regarding the information above - please feel free to contact us.