BeeWeaver Apiaries Lessons, Work Shop and Clinic Waiver

Waiver, Release, Covenant not to Sue, Indemnification

 

Read this agreement carefully.  It affects your legal rights.  Taking or receiving or participating in a beekeeping, apiculture or honey bee colony lesson or workshop or clinic offered, conducted, sponsored by or participated in by B. Weaver Apiaries, Inc., Bee Weaver, Bee Goods, or any of their owners, officers, agents, employees or affiliates will be deemed to constitute your explicit agreement to the terms of this binding legal contract.

 

In this document, when I express my understanding and agree to the various provisions of this agreement, I intend to legally bind myself, my heirs, my assigns, my executor and any other legal representative I or my estate may have.  I represent and warrant that I am legally and mentally competent to execute this agreement, and that I am over 18 years of age.

 

I understand that honey bees are venomous insects and that I or anyone accompanying me may be stung by one or more worker honey bees anytime I am nearby or participating in opening, examining or otherwise manipulating a honey bee colony or hive, regardless of protective clothing I may wear or other precautions I may take. I also understand that though less likely, it is still possible that I or anyone accompanying me may be stung inadvertently and randomly during casual or unexpected encounters with honey bees anywhere, and this risk is greater in close proximity to or when deliberately manipulating or opening a colony or honey bee hive.

 

I further understand that there may be serious medical and health consequences caused in whole or part by honey bee stings, or exposure to other honey bee allergens, including wax, propolis, or other honey bee associated proteins, including, but not limited to chitin and various pollens, as well as exposure to other organisms that my present in or near honey bee hives (hereafter collectively, “honey bees and their associated risks”).  I agree to subject myself to and assume the various medical and health risks of exposure to honey bees and their associated risks).  I expressly understand that these risks include but are not limited to: anaphylactic shock (if I am acutely allergic to bee stings); and, massive envenomation with toxic quantities of honey bee venom (if I am victim of a mass stinging event).  I understand that honey bee stings and exposure to honey bee allergens can cause these conditions, and that honey bees and their associated risks can cause me serious physical injury, emotional, psychological or mental stress, duress or injury, and even my own death or the deaths of anyone who accompanies me.

 

I understand that I am voluntarily and willingly assuming the risk of being stung by honey bees and their associated risks when taking a lesson or receiving instruction regarding honey bees hives or colonies, and that these risks are appreciable and nonnegligible.

 

I agree to waive my rights to assert any and all claims or causes of action against B. Weaver Apiaries, Inc., Bee Weaver Apiaries, Bee Goods, and any agent, employee, officer or other affiliate of all those organizations relating to any damages I may sustain allegedly caused by honey bees and their associated risks, or by honey bee behavior or by the honey bee, beekeeping or apiculture lessons, or instructions or procedures for managing or manipulating colonies or hives that I may receive from those organizations or their agents, employees, officers or other affiliates.  I also promise not to sue any of them or assert any claim or cause of action I may have against any of them relating to any alleged personal injury I may actually or allegedly suffer, including but not limited to physical, emotional, mental or psychological injury and death, allegedly or actually caused by honey bees and their associated risks, or by any beekeeping or apiculture lessons or instructions, or procedures for managing or manipulating honey bee hives or colonies, or from honey bee stings or exposure to honey bee associated allergens.

 

I further agree to release B. Weaver Apiaries, Inc., Bee Weaver, Bee Goods, their agents, employees, officers, owners or their affiliates from liability, and hold all of them harmless for any damages of whatever nature allegedly caused by or flowing from any action or omission by those organizations, or their agents, employees, officers, owners or affiliates, relating to honey bees and their associated risks, and also by any beekeeping or apiculture instruction, lessons or procedures for managing or manipulating honey bee hives or colonies.  My agreement to release the organizations and their agents, employees, officers, owners and affiliates expressly includes any claims or causes of action or damages resulting from any alleged or actual negligence or gross negligence of any of the named organizations or their agents, employees, officers, owners or affiliates, or any failure or defect or deficiency of any equipment, protective clothing, operation, procedure, instruction or information actually or allegedly provided by or endorsed by any of the organizations, their agents, employees, officers, owners or affiliates.   

 

Finally, I agree, for myself, my heirs, executors, agents and assigns, to indemnify B. Weaver Apiaries, Inc., Bee Weaver Apiaries, Bee Goods and their agents, employees, officers, owners and affiliates from any and all claims, demands, actions, suits, proceedings, judgments, awards or legal process of any nature or kind relating to any lessons, instructions or procedures for keeping bees or manipulating or managing honey bee colonies or hives, or for any injury or damage I may allegedly sustain because of exposure to honey bee stings or honey bee allergens.  I agree to indemnify any and all of them for any costs the organizations, their employees, agents, officers, owners or affiliates may incur in answering, contesting, disputing, defending or otherwise responding to or litigating any claim, demand, action, suit or other proceeding, expressly including any attorneys fees they or any of them may incur.  I agree to arbitrate any dispute that I may legitimately assert despite this agreement (recognizing that this agreement waives my rights, releases my claims and causes of actions, and promises, on behalf of myself, my heirs and assigns, not to assert any such claim or cause of action that I may have, and indemnify the organizations and their agents, employees, officers, owners and affiliates from any legal costs, attorneys fees or they may incur).  I agree that any legal action or proceeding or arbitration of dispute regarding this agreement or the subject matter of this agreement shall occur in Travis County, Texas, and the courts of Travis County, Texas shall have exclusive venue and jurisdiction of any such legal action, proceeding or arbitration.

 

I understand that Texas law will govern this agreement and that if any provision of this contract is deemed unenforceable for any reason, then this contract will be interpreted as if that provision was not part of this agreement, but consistent with the unenforceable provision to the maximum extent legally permissible.

 

Signature ______________________________ Date______________

Guardian Signature, if under 18 years of Age ______________________________

Signature ______________________________ Date______________

Guardian Signature, if under 18 years of Age ______________________________

Signature ______________________________ Date______________

Guardian Signature, if under 18 years of Age ______________________________

Signature ______________________________ Date______________

Guardian Signature, if under 18 years of Age ______________________________

Signature ______________________________ Date______________

Guardian Signature, if under 18 years of Age ______________________________