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, age 10 and older.
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 by the tour guide or other staff members. 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 or other viruses or dieases. 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.