Waiver

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE ON ITS TERMS. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF MIDWEST SHEARING LLC; IT’S OWNER, EMPLOYEES AND AGENTS (“THE RELEASEES”).

In consideration of having Midwest Shearing come to my farm and shear my alpacas, llamas and/or sheep and on behalf of my farm and myself or my personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY:

  • Acknowledge that alpacas, llamas, and/or sheep may, without warning or any apparent cause, spit, rear, bite, kick, run, make unpredictable movements, spook, jump, push or knock down a person, resulting in serious injury or death.
  • ACKNOWLEDGE THAT SHEARING INVOLVES RISKS THAT MAY CAUSE INJURY, SERIOUS INJURY OR IN RARE CASES DEATH, because of the unpredictable nature and behavior of alpacas, llamas, and sheep, regardless of their training, good nature, and past performance.
  • Voluntarily assume the risk and danger of injury or death inherent in the use of equipment and gear used during the shearing operation namely shearers, grooming tools, teeth and toe nail trimming tools, vehicles, mats and restraints.
  • RELEASE, DISCHARGE AND PROMISE NOT TO SUE Midwest Shearing LLC, doing business under its own name (hereinafter the “Releasees”), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property (including animals).
  • Release the Releasees from any claim that such Releasees are or may be negligent during the shearing operation including but not limited to administering routine care to the animals: shearing, nail trimming, and dental work, handling and/or securing the animals, securing restraints to anchor points.
  • INDEMNIFY, AND SAVE AND HOLD HARMLESS Midwest Shearing LLC, its employees and agents from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of their service and any equipment provided therewith or any acts or omissions of employees or agents.
  • The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Missouri and is intended to be as broad and inclusive as is permitted by Missouri Law and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
  • Acknowledge that this document is a contract and agree that if a lawsuit is filed against Midwest Shearing LLC or its owner, agents or employees, for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by Top Knot Shearing in defending such an action. Agree that any lawsuit will take place in Buchanan County, Missouri.

I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release Midwest Shearing LLC, its owners, employees and agents for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasees allowing Midwest Shearing LLC to come unto my farm. I have concluded that the risks involved and the release and waiver of liability is worth the service Midwest Shearing.