Terms of Service for Wildlife Learning Encounters, also known as Wildlife Encounters.
Acceptance of Terms
By using wildlifefeencounters.org (collectively the "Site") please read the following terms carefully. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS. Wildlife Learning Encounters (Wildlife Encounters) may revise these terms from time to time. If you continue to use our Site after we post changes to these terms, it will mean that you accept such changes.
Website Terms and Conditions
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Use of the Wildlife Learning Encounters website is at the discretion of the user. UNDER NO CIRCUMSTANCES SHALL WILDLIFE LEARNING ENCOUNTERS, ITS TRUSTEES, OFFICERS, INDEPENDENT SUBCONTRACTORS, SUBCONTRACTED COMPANIES, AFFILIATES, EMPLOYEES, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, WILDLIFE ENCOUNTERS MATERIALS, INCLUDING THOSE COMPRISING OUR WEBSITE. The user specifically acknowledges and agrees that Wildlife Learning Encounters is not liable for any defamatory, offensive or illegal conduct of any user. If the user is dissatisfied with any of the Wildlife Learning Encounters materials, or with any of the our terms and conditions, the user's sole and exclusive remedy is to discontinue using or visiting the Wildlife Encounters website.
You assume risk using any 3rd party conference software, program or app to connect via our virtual presentations. This includes programs such as ZOOM, Microsoft Teams, StreamYard, YouTube, Facebook and any other similar program. We are not responsible for any loss of information, compromised systems, computers, software, etc when using any of these or similar programs.
All presentations scheduled online using our online reservation system are subject to our approval. Scheduled presentations may have to be changed and/or canceled depending on numerous factors including location of program, time, distance of travel and other factors.
Safe Environment For Animals, Presenters & Guest:
Client agrees to provide a safe environment for our animal ambassadors, presenters and guest. This includes but not limited to: appropriate temperatures for animals (not too hot or cold), open area to set up, access to electricity when needed and any other variable needed for the animals, presenters and/or guest.
Many of our animals diets include peanuts, tree nuts, milk, eggs and other possible allergens. Please be aware and ensure any persons who may have an allergic reaction does not come into contact with any possible allergens directly or indirectly.
Client will ensure anyone who participates in feeding, touching or handling any animals will wash their hands with soap and water immediately after coming into contact with any animal.
Client agrees to supervise children at all times.
Animal Request
Wildlife Learning Encounters will do our best to have any requested animals visit for the program, but can never guarantee a specific animal/animals. Our animal ambassadors create their own schedules of when they want to visit for a program. A variety of factors can determine which animal ambassador can visit for each event.
Cancellations
If Wildlife Learning Encounters needs to cancel due to unsafe traveling conditions the client will receive a full refund or reschedule the program date and time, whichever the client prefers. Unsafe weather conditions can include but not limited to; hazardous road conditions (ice, sleet, snow, etc), extremely cold weather, tornadoes, and blizzards.
Public Schools, senior centers, scout troops - there is no fee or charge to cancel or reschedule, as long as you notify us of the cancellation or reschedule prior to our departure at Wildlife Encounters. If we arrive at the location and you did not inform us that you cancelled the presentation you will be charged full price. You are responsible to ensure you choose the correct date on our online calendar. If you choose the wrong date and we arrive, you will be charged full price of the presentation whether we do the presentation or not.
Release of LiabilityWildlife Encounters will not be held liable for any damage caused by the animals, presenters or guests.
ON MY OWN BEHALF, AND ON BEHALF OF MY CHILD, dependents, I HEREBY FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS Wildlife Learning Encounters (INCLUDING ITS SUCCESSORS, ASSIGNS, CURRENT AND FORMER OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, BOARD OF DIRECTORS, VOLUNTEERS, SERVANTS, AGENTS, ATTORNEYS, INSURANCE CARRIERS, AND SELF-INSURANCE POOLS) FROM ANY CLAIMS, AND WAIVE ANY AND ALL RIGHTS TO ASSERT SUCH CLAIMS, INCLUDING ANY AND ALL LIABILITIES, ACTIONS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND OF EVERY NATURE ARISING OUT OF OR RELATING THERETO.
Covid-19
By using Wildlife Encounters services you are agreeing to the following:
I accept sole responsibility for any injury to my child or myself or any member of my household (including, but not limited to, personal injury, illness, disability, and death), damage, loss, claim, liability, or expense, of any kind arising from infection or exposure to any contagious disease, including the coronavirus, that I or my child or any member of my household may experience or incur arising out of or related to with services provided by Wildlife Encounters or participation in Program activities (“Claims”). ON MY OWN BEHALF, AND ON BEHALF OF MY CHILD, I HEREBY FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS Wildlife Learning Encounters (INCLUDING ITS SUCCESSORS, ASSIGNS, CURRENT AND FORMER OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, BOARD OF DIRECTORS, VOLUNTEERS, SERVANTS, AGENTS, ATTORNEYS, INSURANCE CARRIERS, AND SELF-INSURANCE POOLS) FROM ANY CLAIMS, AND WAIVE ANY AND ALL RIGHTS TO ASSERT SUCH CLAIMS, INCLUDING ANY AND ALL LIABILITIES, ACTIONS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND OF EVERY NATURE ARISING OUT OF OR RELATING THERETO. I agree that presentation of this Release and Waiver constitutes a complete and affirmative defense to any action asserting any Claims and that any such action shall be dismissed with prejudice upon presentation of this Release and Waiver.
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by visiting or coming on to the organizations property, staff, volunteers, contractors, board of directors, and animals and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the organizations employees, volunteers, officers, board of directors, affiliates, including any employees and/or independent subcontractors, subcontracted companies or any other persons and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself for (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance or presence at the organizations or participation in the organizations programming, events, or appointments (“Claims”).
I hereby release, covenant not to sue, discharge, and hold harmless Wildlife Learning Encounters, its employees, volunteers, subcontractors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the organization, its employees, agents, and representatives, officers, board of directors, affiliates, including any employees and/or independent subcontractors, subcontracted companies or any other persons whether a COVID-19 infection occurs before, during, or after participation in any program, event, or appointment.
Indemnification
By hiring Wildlife Learning Encounters and/or any of its affiliates, client (and/or any person or organization reserving any form of entertainment) the client acknowledges that he/she has had the opportunity to read and understands, agrees with and accepts all these terms and conditions stated above. Client, and/or any person or organization renting ANY equipment(s), live animals, or entertainment services including any “Shows”, agrees to HOLD HARMLESS, “Wildlife Learning Encounters” as well as any of its officers, board of directors, affiliates, including any employees and/or independent subcontractors, subcontracted companies or any other persons from and against any and all liability and/or any losses, costs, damages, expenses, including attorney’s fees, on account of any and all lawsuits, claims, including claims of any trademark or copyright infringement(s) or claims for personal injury, illness or death.
