Acknowledgement and Acceptance of Risk and Release of Liability
I, the undersigned, hereby acknowledge that I am a customer of All West Communications, Inc., All West/Utah, Inc., All West/Wyoming, Inc., or All West/Idaho, Inc. (“All West”), and have agreed to the installation of broadband and/or telecommunications facilities and equipment on my property or the property on which I reside (the “Property”), which may include an aerial, underground, or surface installation of cable, co-ax, copper, fiber or other equipment (“Fiber Facilities”). I further acknowledge the risks associated with the Fiber Facilities, which are more fully detailed below. I understand and agree to abide by the terms, provisions, and conditions of this Acknowledgment and Acceptance of Risks, and Release of Liability Agreement (the “Agreement’). I acknowledge and understand that All West makes no warranties, either expressed or implied,
as to the risks or safety related to the Fiber Facilities on the Property for the purpose of providing broadband, telecommunications, or cable television service.
I acknowledge that this document is sufficient warning that there are numerous dangerous conditions, risks, and hazards related to the Fiber Facilities, which are capable of causing serious bodily injury, death, and damage or destruction to personal property. Such dangerous conditions include, but are not limited to low-voltage electrified cables, falling cables, falling utility facilities or equipment, concealed cables, buried cables, cables running along the surface of the property, contact with nearby structures, contact with individuals, contact with nearby overhead wires, etc. I acknowledge that I expressly assume all such risks, hazards, and dangers with the understanding that I am voluntarily exposing myself, my real and personal property, invitees, and licensees to these risks. I agree that I have a duty and responsibility to warn individuals entering the Property of the associated risks of the Fiber Facilities. I agree to keep close supervision of any minors in the vicinity of the Fiber Facilities, and, to the fullest extent permitted by the law, I agree to assume responsibility and indemnify All West for all claims stemming from the injury or death of a minor in my watch and/or care caused by my lack of, or negligent, supervision.
I hereby agree that this Agreement serves to warn me, and all individuals, invitees, and licensees who may enter my property, of any actual or potentially dangerous hazards related to the Fiber Facilities on my property that may cause serious bodily injury, death and damage or destruction to personal property. I affirm that I am aware of the risks and hazards described herein and that I (a) understand and appreciate the nature and extent of the risks and dangers and (b) voluntarily, expressly, and knowingly assume the risks that I, and all individuals, invitees, and licensees, may be exposed to as expressed herein. This assumption of the risks may be used by All West as a defense in a court of competent jurisdiction against any allegations claiming All West failed to warn me of the associated risks or acted negligently in the installation or maintenance of the Fiber Facilities. I expressly disclaim any defenses for duress, coercion, and/or adhesion and note that I am voluntarily entering into this Agreement on my own free will and choice.
In consideration for services provided by All West, I hereby waive and release all claims and, to the fullest extent permitted by the law, agree to indemnify, defend, and hold harmless All West, its owners, agents, employees, and assigns from and against any and all claims, demands, causes of action and damages, including, but not limited to, court cost, judgments and attorneys' fees resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of or my exposure to the inherent risks associated with Fiber Facilities and All West’s installation or maintenance of the Fiber Facilities. I further covenant and agree that I, my heirs, successors, and assigns will not make any claim or institute any suit or action at law or in equity against All West, its owners, agents, representatives, employees, successors, or assigns by reason of its conduct or by reason of the condition of the Fiber Facilities. If any term, provision, covenant, release, assumption, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall no way be affected, impaired, or invalidated.
The Acknowledgement and Release Agreement applies immediately after the execution of this document and remains in force for the entire time that the Fiber Facilities remain installed on the property. I acknowledge that there may be service drop installation fees applied to my account.