FAST CATCH CALF CATCHER – LIABILITY DISCLAIMER, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY
The Fast Catch Calf Catcher is designed to assist ranchers and livestock operators in handling and tagging calves from a utility vehicle (UTV). While the product is intended to improve operator safety and efficiency, working with livestock is inherently dangerous and may result in serious injury, death, or property damage.
By purchasing, installing, or using the Fast Catch Calf Catcher (“Product”), the purchaser and any operator or user (“User”) acknowledge and agree to the following terms:
1. Inherent Risks of Livestock Handling
Cattle, including cows protecting newborn calves, can behave unpredictably and may charge, kick, strike, or otherwise cause injury or death. The User acknowledges that livestock handling carries inherent and unavoidable risks that cannot be eliminated by any equipment or safety device.
2. No Guarantee of Safety
The Fast Catch Calf Catcher is designed to reduce certain risks associated with catching and working calves, but Fast Catch makes no guarantee that use of the Product will prevent injury, death, or property damage. Safe livestock handling practices and sound judgment remain the responsibility of the User at all times.
3. Proper Installation and Intended Use
The Product must be properly installed and used only as intended in accordance with all instructions and warnings provided by Fast Catch. Any of the following may result in equipment failure, serious injury, or death:
- Improper installation
- Improper mounting to a UTV
- Modification or alteration of the Product
- Use with incompatible vehicles or equipment
- Use for purposes other than catching calves
Fast Catch assumes no responsibility for injuries or damages resulting from improper installation, misuse, abuse, modification, or failure to follow instructions.
4. Operator Responsibility
The User is solely responsible for:
- Safe operation of the UTV and all equipment
- Maintaining awareness of livestock behavior and surroundings
- Inspecting the Product, mounting hardware, winch system, and vehicle prior to use
- Ensuring the equipment is in proper working condition before operation
Failure to properly inspect or maintain equipment may increase the risk of injury or equipment failure.
5. Assumption of Risk
By purchasing, installing, or using the Product, the User voluntarily assumes all risks associated with livestock handling and operation of the Product, including but not limited to risks of personal injury, death, property damage, and livestock injury.
6. Limitation of Liability
To the fullest extent permitted by law, Fast Catch, its owners, officers, employees, agents, distributors, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to personal injury, death, livestock loss, equipment damage, or loss of income arising from or related to the use or misuse of the Product.
7. Indemnification
The User agrees to indemnify, defend, and hold harmless Fast Catch and its affiliates from and against any claims, damages, liabilities, losses, or expenses (including attorney fees) arising from:
- Use or misuse of the Product
- Improper installation
- Modification of the Product
- Negligent or unsafe operation by the User or any third party
8. No Other Warranties
Except as expressly stated in any written warranty provided by Fast Catch, the Product is provided “as is” and “as available,” without any implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose.
9. Governing Law
This disclaimer and any disputes arising from the purchase or use of the Product shall be governed by and interpreted in accordance with the laws of the state in which Fast Catch operates, without regard to conflict of law principles.
10. Acceptance of Terms
By purchasing, installing, or using the Fast Catch Calf Catcher, the User acknowledges that they have read, understood, and agree to this disclaimer and voluntarily accept all associated risks.
