Assumption of Risk and Waiver of Liability

1. Application and Definitions

This document applies to every person who who accesses or uses the Livestock Coordination Network application, website, platform, services or related technology (collectively, the “Platform”), including any person who requests, offers, accepts, coordinates, facilitates or participates in the removal, evacuation, transportation, handling, loading, unloading, towing or relocation of any animal, trailer or other property through or in connection with the Platform.

Definitions:

"LCN" means LCN – LIVESTOCK COORDINATION NETWORK INC., together with its directors, officers, employees, agents, representatives, contractors, service providers, affiliates and successors and assigns.

"User" means any person who accesses or uses the Platform, regardless of whether that person is acting as a property owner, animal owner, responder, animal mover, trailer owner, volunteer, contractor or in any other capacity.

"Responder" means any User who offers, accepts, undertakes or participates in an animal, trailer or property removal, evacuation, transportation, storage or related activity arranged, requested or communicated through the Platform.

"Removal Activity" means any activity associated with the requested or attempted evacuation, rescue, removal, handling, loading, unloading, towing, transportation, relocation or delivery of an animal, trailer or other property.

"Emergency" means any actual or anticipated wildfire, fire, flood, evacuation, severe weather event, natural disaster, accident, infrastructure failure, hazardous condition, animal emergency, public safety event or other circumstance in which a User seeks or provides urgent assistance through the Platform.

2. Consideration

In consideration for being granted access to this Platform, the receipt and sufficiency of which are hereby acknowledged, the User agrees to the terms set forth herein.

☐I have read and agree to section 2, Consideration.
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3. LCN Is a Technology and Coordination Platform

LCN provides technology intended to allow Users to communicate, exchange information, request assistance, identify a potential Responder, coordinate Removal Activities and otherwise use the Platform in connection with an Emergency. Unless expressly stated otherwise in writing by LCN, LCN is not itself an animal rescue service, emergency response agency, towing company, transportation company, veterinary service, animal-handling service, evacuation authority, fire service, police service or governmental emergency service.

LCN does not independently undertake to rescue, remove, transport, safeguard or care for any animal, trailer, User, or other property merely because a request, offer or communication is made through the Platform.

LCN does not guarantee that:

1. any Responder will be available;
2. any request will be accepted;
3. a Responder will arrive;
4. a Responder will arrive within any particular period;
5. an animal, trailer or other property can safely be accessed, removed, transported or delivered;
6. an animal, trailer or other property will be successfully removed or evacuated;
7. any information supplied by a User or Responder is accurate, complete or current;
8. a Responder possesses the qualifications, experience, training, licensing, insurance, equipment or suitability necessary for a particular Removal Activity or Emergency; or
9. the Platform will remain available or operational during an Emergency.

The Platform is not a substitute for contacting 911, police, fire services, animal control, emergency management authorities, veterinary professionals or other appropriate emergency or professional services. The User acknowledges that the User has had an opportunity to consider these risks, and those laid out within this document, and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

4. Emergency Conditions

The User acknowledges that Removal Activities undertaken during an Emergency may occur in circumstances that are inherently dangerous, unpredictable and rapidly changing.

Without limiting the generality of the foregoing, risks may include wildfire, fire, smoke, ash, extreme heat or cold, floodwater, mud, unstable ground, damaged roads, bridges or structures, fallen trees, debris, poor visibility, darkness, hazardous materials, contaminated areas, downed or energized electrical lines, propane or fuel, traffic, collisions, mechanical failures, restricted access, evacuation zones, changing weather, changing emergency orders, dangerous terrain, bodily injury or death, damage to property and other hazards that may not be known or reasonably foreseeable at the time a Removal Activity is undertaken.

The User understands and acknowledges that conditions may deteriorate or change after a request has been submitted or a Removal Activity has commenced. The User acknowledges that the User has had an opportunity to consider these risks regarding Emergency Conditions, and those laid out within this document, and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

5. Animal Related Risks

The User acknowledges that animals may behave unpredictably, particularly when frightened, injured, ill, displaced or exposed to an Emergency.

Risks associated with animals include, without limitation:

1. biting, kicking, striking, scratching, trampling, crushing or otherwise injuring a person;
2. escaping, running away or becoming separated from their owner or other animals;
3. refusing to enter a vehicle, trailer, stall, carrier or other enclosure;
4. becoming panicked or uncontrollable;
5. causing a vehicle, trailer or other equipment to move unexpectedly;
6. causing injury or death to themselves or others in the public, Responder, User, or other animals;
7. aggravating a pre-existing illness, injury or medical condition;
8. becoming ill, injured or dying during handling, loading, unloading or transportation; and
9. causing damage to vehicles, trailers, fences, gates, buildings, roads, equipment or other property.

The User acknowledges that even experienced animal handlers may be unable to safely control an animal in Emergency conditions. The User acknowledges that the User has had an opportunity to consider these animal related risks and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

6. Trailer, Vehicle and Property Risks

The User acknowledges that the inspection, connection, loading, unloading, towing, movement, transportation or relocation of a trailer or other property may involve substantial risks.

These risks include, without limitation, trailer instability, improper loading, inadequate hitching, coupling or braking systems, tire or wheel failure, mechanical failure, rollover, collision, detachment, damage to roads or property, and damage to or loss of the trailer, vehicle, equipment or other property.

A User who requests or undertakes a Removal Activity involving a trailer or vehicle is responsible for providing accurate and complete information reasonably necessary to assess and perform the requested activity, including relevant information concerning weight, dimensions, condition, accessibility, mechanical condition and any known hazards.

The User acknowledges that even experienced trailer, vehicle and property handlers may be unable to safely control an animal, trailer, vehicle or property in Emergency conditions. The User acknowledges that the User has had an opportunity to consider these herein risks, and those laid out within this document, and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

7. User Representations and Responsibilities

Each User represents and warrants, to the extent applicable, that:

1. The User is over the Age of Majority (19 years of age or older) in the Province of British Columbia;
2. the User has the legal authority to make the request or authorization made through the Platform;
3. information provided to the Platform or a Responder is accurate and not misleading;
4. the User will promptly disclose known hazards, dangerous conditions, relevant animal behaviour, medical conditions, trailer defects and other material information reasonably relevant to the requested Removal Activity;
5. the User will comply with all applicable laws, orders, evacuation requirements and directions of emergency authorities;
6. the User will not request or encourage a Responder to enter an area that the User knows or reasonably believes is unsafe or subject to a prohibition on entry;
7. the User will not knowingly misrepresent the identity, ownership, condition or location of an animal, trailer or other property; and
8. the User will not use the Platform for any unlawful, fraudulent, abusive or dangerous purpose.

8. Property Access and Authorization

A User who requests access to private property represents that the User has sufficient legal authority to authorize such access.

To the extent reasonably necessary to perform a Removal Activity requested through the Platform, the requesting User authorizes the applicable Responder to enter the property identified in the request and to access, approach, handle, load, unload, tow, transport or relocate the identified animal, trailer or other property, subject to applicable law and the Responder's own assessment of safety.

The requesting User acknowledges that the scope of this authorization is limited to what is reasonably necessary for the requested Removal Activity and does not authorize a Responder to take unrelated property or undertake unrelated activities.

A User must not request or authorize entry onto property belonging to another person unless the User has the legal authority to provide that authorization. The User acknowledges that the User has had an opportunity to consider these risks, and those laid out within this document, and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

9. No Guarantee of Responder Qualifications or Performance

LCN may provide Users with information concerning a Responder, including information supplied by a Responder themselves.

Unless expressly stated otherwise by LCN, such information is provided for informational and coordination purposes only.

LCN does not warrant, covenant or endorse how a Responder or User will perform the Removal Activity, or any activity involving the Platform, to the standard of care required by British Columbia law.

LCN does not represent or warrant that any Responder:

1. is licensed, certified, trained, insured or qualified to assist in an Emergency or Removal Activity;
2. has experience handling the particular species or animal involved;
3. has appropriate towing, transportation or animal-handling equipment;
4. is physically capable of performing the requested Removal Activity;
5. is suitable for the particular Emergency; or
6. will perform the Removal Activity safely, lawfully or successfully.

Each User is responsible for exercising reasonable judgment in selecting, accepting, supervising and/or participating in a Removal Activity. The User acknowledges that even an experienced Responder may be unable to safely control an animal, trailer, vehicle or property in Emergency conditions.

The User acknowledges that the User has had an opportunity to consider these herein risks, and those laid out within this document, and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

10. User to User Activities

Users acknowledge that LCN does not control the conduct of other Users.

Each User is solely responsible for the User's own decisions, actions and omissions and for determining whether a proposed Removal Activity is appropriate and safe.

No User may represent that the User is acting on behalf of LCN unless LCN has expressly authorized that representation in writing.

A Responder has sole responsibility for deciding whether to accept, commence, continue, modify or terminate a Removal Activity based on the Responder's assessment of conditions and capabilities.

11. Voluntary Assumption of Risk

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH USER VOLUNTARILY ASSUMES ALL RISKS ARISING FROM OR ASSOCIATED WITH THE USER'S ACCESS TO OR USE OF THE PLATFORM AND PARTICIPATION IN ANY REMOVAL ACTIVITY.

Those risks including the risks expressly identified in this waiver, including but not limited to those risks set out in sections 3, 4, 5, 6, 8, 9, 10 and 12, as well as other risks that are inherent in or reasonably incidental to emergency animal handling, evacuation, transportation, towing, property access and related activities, described in this herein document or otherwise assumed.

The User acknowledges that the User has had an opportunity to consider these risks and voluntarily chooses to use the Platform and/or participate in Removal Activities despite those risks.

☐I have read and agree to section 11, Voluntary Assumption of Risk.
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12. Release and Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER RELEASES AND FOREVER DISCHARGES LCN AND THE PLATFORM FROM CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO:

1. the User's access to, or use of the Platform;
2. the User's participation in or reliance upon any communication, request, offer, match or coordination facilitated through the Platform;
3. any Removal Activity;
4. any act or omission of another User or Responder;
5. injury, illness or death of an animal and/or person;
6. loss of, escape of or damage to an animal and/or property;
7. damage to or loss of a trailer, vehicle, equipment or other property;
8. damage to land, buildings, fences, gates, roads or other improvements;
9. delay, cancellation, failure to respond, inability to access a property or inability to complete a Removal Activity;
10. inaccurate, incomplete, delayed or unavailable information supplied through the Platform;
11. damages or losses suffered as a result of the occurrence of any risk listed in this herein release including but not limited to those risks set out in sections 3, 4, 5, 6, 8, 9, 10 and 12;
12. interruption, malfunction or unavailability of the Platform; and
13. any Emergency condition or hazard described in this document.

The herein release applies to any cause of action, whether the claim arises in contract, tort, negligence, occupiers' liability, statute or otherwise, except to the extent that applicable law prohibits the release or waiver of the particular claim. The User waives any and all claims, including claims arising out of negligence, breach of contract, or breach of statutory duty of care under the Occupiers Liability Act, RSBC 1996, c 337 and/or Negligence Act, RSBC 1996, c 333 on the part of LCN.

☐I have read and agree to section 12, Release and Waiver.
In the app, users must tick this box to proceed.

The User further acknowledges the Responder or another User may perform a Removal Activity during an Emergency negligently. But, by the User’s continued use of this Platform, the User consents and assumes all risks and responsibilities laid out in this herein document. The User understands and agrees that “negligently”, “negligence” and/or “negligent” includes the failure on the part of the Responder or the Platform to take reasonable steps to safeguard or protect the User or Responder or their property. By executing this section and document, a User explicitly acknowledges and agrees they are releasing LCN and the Platform from all liability, including liability arising from their own negligence

☐I have read and agree to the paragraph above: I am releasing LCN and the Platform from all liability, including liability arising from negligence.
In the app, users must tick this box to proceed.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LCN AND THE PLATFORM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, WAGES, REVENUE, BUSINESS, GOODWILL, USE, DATA, ANIMALS, TRAILERS OR OTHER PROPERTY, ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY REMOVAL ACTIVITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LCN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS OR ANY REMOVAL ACTIVITY WILL NOT EXCEED THE GREATER OF:

1. the total amount actually paid by the User to LCN for use of the Platform during the twelve (12) months immediately preceding the event giving rise to the claim; or
2. $2000 CAD.

☐I have read and agree to section 13, Limitation of Liability.
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14. Right to Refuse or Terminate a Removal Activity

LCN and any Responder may refuse, suspend, modify or terminate a Removal Activity at any time where, in their reasonable judgment, conditions are unsafe, unlawful, inaccessible or otherwise unsuitable.

A User acknowledges that refusing or terminating a Removal Activity may result in delay, loss or failure to remove an animal, trailer or other property.

Nothing in these terms requires LCN or a Responder to enter an area or undertake an activity that the person reasonably believes presents an unacceptable risk.

15. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH USER AGREES TO INDEMNIFY AND HOLD HARMLESS LCN FROM AND AGAINST CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES ON A SOLICITOR-CLIENT BASIS) ARISING OUT OF OR RELATING TO:

1. the User's breach of these terms;
2. the User's negligence, wilful misconduct or unlawful conduct;
3. inaccurate, incomplete or misleading information supplied by the User;
4. the User's lack of authority to request or authorize access to property;
5. the User's unauthorized entry onto or use of property;
6. an animal, trailer or other property owned, controlled or supplied by the User;
7. the User's acts or omissions during a Removal Activity;
8. the inherent risks laid out in this document and delineated herein;
9. injury, loss or damage caused by an animal under the User's ownership, custody or control;
10. injury, loss or damage caused by another User or Responder;
11. the User's violation of another person's rights; or
12. any claim brought by another person arising from the User's use of the Platform or participation in a Removal Activity.

☐I have read and agree to section 15, Indemnification.
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16. Insurance and Legal Compliance

Each User is responsible for determining whether the User is required to maintain insurance, licences, permits, registrations or other authorizations in connection with the User's activities.

A User who acts as a professional animal mover, transporter, towing operator, contractor or other commercial service provider is solely responsible for maintaining all insurance, licences, permits, registrations and qualifications required by applicable law.

LCN does not represent that participation through the Platform satisfies any licensing, insurance, regulatory or professional requirement.

17. Emergency Authorities and Directions

Users must comply with all applicable orders, evacuation requirements, road closures, access restrictions and directions issued by police, fire services, emergency management authorities, animal control authorities and other governmental or emergency-response agencies.

If a governmental or emergency authority directs a User to leave, cease an activity, avoid an area or comply with another safety requirement, the User must comply immediately.

18. No Waiver of Non-Waivable Rights

Nothing in this document is intended to exclude, restrict, waive, release, limit or otherwise contract out of any right, remedy, duty, liability, protection or statutory provision that cannot lawfully be excluded, restricted, waived, released, limited or contracted out of, including any applicable provision of the Business Practices and Consumer Protection Act, SBC 2004, c 2 the Occupiers Liability Act, RSBC 1996, c 337, the Negligence Act, 1996, c 333, the Infants Act, RSBC 1996, c 223 or any other applicable legislation, as it may be, of British Columbia or pursuant to the Federal Laws of Canada.

19. Acknowledgment and Acceptance

By creating an account, accessing the Platform, submitting a request, accepting a request, offering assistance, participating in a Removal Activity or otherwise using the Platform, the User acknowledges that the User has read and understood this document and agrees to be bound by it to the maximum extent permitted by law.

Where LCN presents a separate electronic acknowledgment or acceptance concerning an Emergency or Removal Activity, the User agrees that the electronic acceptance constitutes the User's agreement to the terms presented. The User acknowledges that the risks described in this document are material risks and that the User has voluntarily chosen to use the Platform or participate in the relevant activity despite those risks.

20. Age and Legal Capacity

The Platform is intended for use only by persons who have attained the age of 19 years. By accessing, registering for or using the Platform, submitting or accepting a Removal Activity, or otherwise agreeing to these terms, the User represents and warrants that the User is 19 years of age or older and has the legal capacity to enter into and be bound by these terms.

A person who has not attained the age of 19 years ("Minor") is not authorized to create an account, access or use the Platform, submit or accept a request, act as a Responder, participate in a Removal Activity, or enter into any agreement with LCN through the Platform.

A User must not create or use an account on behalf of, or knowingly permit access to the Platform by, a Minor in circumstances where the Minor would be using the Platform or participating in a Removal Activity contrary to these terms.

A User must provide accurate and truthful information concerning the User's age when requested by LCN. LCN may require reasonable age verification and may suspend or terminate an account where LCN reasonably believes that the User does not satisfy the minimum age requirement.

Unless LCN expressly provides otherwise in writing, parental or guardian consent does not authorize a Minor to use the Platform or participate in a Removal Activity contrary to these terms.

A person who permits a Minor to access or use the Platform through that person's account, device or credentials remains responsible for the consequences of that unauthorized access or use, to the maximum extent permitted by applicable law.

The User's representation that the User is at least 19 years of age and has legal capacity to enter into these terms is a continuing representation throughout the User's use of the Platform.

Nothing in this section is intended to exclude, restrict, waive or limit any right, remedy, protection or rule relating to minors that cannot lawfully be excluded, restricted, waived or limited under applicable law.

☐I have read and agree to section 20, Age and Legal Capacity, and I am 19 years of age or older.
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21. Severability

To the extent that any provision of this document is found to be invalid, unenforceable or ineffective in respect of a particular claim, User, circumstance or class of Users, that provision shall be interpreted and enforced to the maximum extent permitted by applicable law and shall not affect the validity or enforceability of the remaining provisions or their application to any other claim, User, circumstance or class of Users. No determination that any particular release, waiver, limitation or other provision is unenforceable shall be interpreted as invalidating any other independent allocation of risk contained in these terms.

22. Contra Proferentem and Construction

Each provision of this herein document shall be construed as though all parties participated equally in the drafting of the same. By executing this document and continuing to use the Platform, the User explicitly agree the legal doctrine of contra proferentem, or any rule of law requiring the ambiguities be interpreted strictly against the drafter of a document is hereby waived and shall have no application to this herein document.

23. Governing Law and Jurisdiction

This herein document shall be governed exclusively by the laws of British Columbia, Canada. Any legal action must be brought solely in the courts of British Columbia in the jurisdiction of Vernon, British Columbia.

BY CLICKING THE “I ACCEPT” BOX BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE DOCUMENT AND I AM AWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE PLATFORM AND LCN FOR NEGLIGENCE.

I AGREE THAT THIS ELECTRONIC ACCEPTANCE HAS THE SAME LEGAL FORCE AND EFFECT AS A HANDWRITTEN SIGNATURE AND I ACCEPT AND AGREE TO BE BOUND BY THIS RELEASE OF LIABILITY.

☐I ACCEPT
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