User Agreement

PEGGY’S HAPPY CHICKENS USER AGREEMENT
Peggy’s Happy Chickens provides chicken coops, poultry-related products, educational materials, flock support resources, and customer guidance intended solely for informational, educational, and recreational purposes. While Peggy’s Happy Chickens endeavors to provide accurate and helpful information regarding backyard poultry ownership and care, Peggy’s Happy Chickens makes no representations, warranties, or guarantees, express or implied, regarding any particular outcome, result, performance, or suitability, including without limitation:

Egg production or laying frequency;
Chicken health, longevity, or mortality rates;
Disease prevention or biosecurity effectiveness;
Predator prevention or exclusion;
Flock behavior, temperament, or compatibility;
Weather resistance or environmental performance of any coop or product;
Compliance with local, state, federal, zoning, permitting, agricultural, animal welfare, homeowner association, or other legal requirements;
The suitability of any product or educational material for a customer’s particular
circumstances.

ALL PRODUCTS, MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. ASSUMPTION OF RISK

Customer acknowledges that owning, handling, housing, and caring for poultry involves inherent and unavoidable risks, including but not limited to:

Bodily injury from pecking, scratching, bites, falls, or other animal-related incidents;
Exposure to bacteria, viruses, parasites, allergens, dust, feathers, mold, zoonotic diseases (including Salmonella and Avian Influenza), and other health hazards;
Property damage caused by poultry, predators, weather events, insects, rodents, or coop failures;
Illness, injury, escape, theft, loss, or death of poultry;
Economic loss arising from reduced egg production, disease, predator attacks, weather conditions, or other husbandry-related factors.

Customer voluntarily assumes all risks associated with the purchase, use, installation, maintenance, and operation of any products or services provided by Peggy’s Happy Chickens and with the ownership, handling, and care of poultry.

RELEASE OF LIABILITY

To the fullest extent permitted by applicable law, Customer, on behalf of themselves and their heirs, family members, guests, invitees, representatives, successors, and assigns, hereby releases, waives, discharges, and covenants not to sue Peggy’s Happy Chickens and its owners, officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, actions, or causes of action arising out of or related to:

Personal injury, bodily injury, illness, disease, death, or property damage;
The purchase, installation, use, maintenance, or operation of any coop,
equipment, product, or service;
Poultry ownership, handling, feeding, housing, transportation, or management;
Reliance on educational materials, guidance, recommendations, or support provided by Peggy’s Happy Chickens; or
Any acts or omissions of third parties, including veterinarians, contractors, suppliers, government agencies, or predator control services.

This release applies regardless of whether such claims are based in contract, tort, negligence, strict liability, warranty, statutory liability, or any other legal theory, except to the extent prohibited by law.

CUSTOMER RESPONSIBILITIES

Customer remains solely responsible for:

Proper care, feeding, housing, and supervision of poultry;
Compliance with all applicable laws, regulations, permits, ordinances, and HOA requirements;
Safe handling of poultry and eggs;
Maintaining appropriate biosecurity measures;
Proper installation, inspection, and maintenance of coops and related equipment;
Obtaining veterinary, agricultural, legal, medical, or other professional advice when appropriate.

Information and educational materials provided by Peggy’s Happy Chickens are not intended to replace professional veterinary, agricultural, legal, engineering, medical, or other professional advice.

INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Peggy’s Happy Chickens and its owners, officers, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, costs, expenses, or attorneys’ fees arising out of or relating to Customer’s ownership or handling of poultry, use of products or services, violation of applicable laws, or breach of these terms.

By purchasing or using products or services from Peggy’s Happy Chickens, Customer
acknowledges that they have read, understood, and voluntarily accepted the terms of this Disclaimer, Assumption of Risk, Release of Liability, and Indemnification Agreement.

SITE CONDITIONS, INSTALLATION, AND PROPERTY DISCLAIMER

Customer acknowledges that the performance, safety, durability, and suitability of any chicken coop, enclosure, equipment, poultry housing, fencing, or related product depend upon numerous factors beyond the control of Peggy’s Happy Chickens, including site conditions, soil conditions, weather, maintenance, predator activity, vegetation, drainage, and customer use.

Unless expressly agreed in a separate written contract, Peggy’s Happy Chickens does not provide engineering, architectural, surveying, grading, drainage, excavation, electrical, plumbing, permitting, code compliance, land-use, zoning, or construction services.

Customer is solely responsible for:

Selecting an appropriate location for any coop, enclosure, or related structure;
Verifying property boundaries and easements;
Obtaining any required permits, approvals, inspections, variances, licenses, or homeowner association approvals;
Compliance with all applicable federal, state, and local laws, ordinances, regulations, zoning requirements, setback requirements, and neighborhood restrictions;
Confirming the location of underground utilities and other site hazards;
Providing a level, stable, adequately drained, and suitable installation area;
Ongoing inspection, maintenance, repair, and safe operation of all products.

Peggy’s Happy Chickens makes no representation or warranty that any coop, enclosure, fence, or related product will:

Prevent the entry of predators;
Prevent the escape of poultry;
Withstand all weather conditions, natural disasters, flooding, wind, snow, fire, earthquakes, or other environmental events;
Comply with local building codes, zoning ordinances, HOA restrictions, or agricultural regulations;
Be suitable for any particular property, location, flock size, or intended use.

Customer acknowledges that predators, including dogs, coyotes, foxes, raccoons, hawks, rodents, snakes, and other wildlife, may injure, kill, or otherwise impact poultry despite the use of coops, fencing, netting, or other protective measures. Peggy’s Happy Chickens does not guarantee protection from predators or losses caused by predator activity.

Customer further acknowledges that weather events, flooding, standing water, high winds, falling trees or limbs, fire, extreme temperatures, soil movement, erosion, and other site-specific conditions may damage coops, equipment, poultry, or property. Customer assumes all risks associated with such conditions.

PHOTO, VIDEO, TESTIMONIAL, AND MARKETING RELEASE

Customer grants Peggy’s Happy Chickens and its affiliates, successors, assigns, agents, and representatives the irrevocable right and permission to photograph, video record, and otherwise capture images, audio, likenesses, poultry, coops, property features, and related materials provided by Customer in connection with Customer’s use of Peggy’s Happy Chickens products or services.

Customer further grants Peggy’s Happy Chickens the perpetual, worldwide, royalty-free right to use, reproduce, publish, distribute, display, modify, edit, adapt, and otherwise use such photographs, videos, testimonials, reviews, comments, social media posts, and other content for advertising, marketing, promotional, educational, commercial, and business purposes in any media now known or later developed, including websites, social media platforms, print materials, email campaigns, brochures, presentations, and advertisements.

Customer represents and warrants that any photographs, videos, testimonials, reviews, comments, or other content provided to Peggy’s Happy Chickens are owned by Customer or that Customer otherwise possesses all rights necessary to grant this license. Customer waives any right to inspect or approve the finished materials or the manner in which such materials are used and acknowledges that no compensation, royalties, or other consideration shall be due for such use.

To the extent permitted by law, Customer releases and discharges Peggy’s Happy Chickens and its affiliates, owners, officers, employees, agents, successors, and assigns from any claims arising from the authorized use of such photographs, videos, testimonials, reviews, comments, or other content, including claims relating to privacy, publicity rights, defamation, or misappropriation.

Notwithstanding the foregoing, Peggy’s Happy Chickens shall not disclose Customer’s personal contact information, street address, telephone number, email address, or other personally identifiable information without Customer’s separate consent, except as required by law.

Customer may revoke consent for future use of newly submitted content by providing written notice to Peggy’s Happy Chickens. Any materials already published, distributed, printed, or incorporated into existing marketing materials prior to receipt of such notice may continue to be used.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEGGY’S HAPPY CHICKENS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST INCOME, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF EGG PRODUCTION, VETERINARY EXPENSES, PROPERTY DAMAGE, OR LOSS OF POULTRY, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PEGGY’S HAPPY CHICKENS ARISING OUT OF OR RELATING TO THE PURCHASE OF PRODUCTS OR SERVICES EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PEGGY’S HAPPY CHICKENS FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

HEALTH AND BIOSECURITY WARNING

CUSTOMER ACKNOWLEDGES THAT LIVE POULTRY MAY CARRY BACTERIA, VIRUSES, PARASITES, AND OTHER PATHOGENS, INCLUDING WITHOUT LIMITATION SALMONELLA, CAMPYLOBACTER, AVIAN INFLUENZA, AND OTHER ZOONOTIC DISEASES THAT MAY CAUSE ILLNESS IN HUMANS OR ANIMALS.

CUSTOMER UNDERSTANDS THAT EXPOSURE TO POULTRY, EGGS, FEATHERS, DUST, BEDDING MATERIALS, FEED, WATER SYSTEMS, AND POULTRY WASTE MAY PRESENT HEALTH RISKS, PARTICULARLY TO CHILDREN, ELDERLY PERSONS, PREGNANT INDIVIDUALS, AND PERSONS WITH COMPROMISED IMMUNE SYSTEMS.

CUSTOMER AGREES TO FOLLOW APPROPRIATE HYGIENE, SANITATION, AND BIOSECURITY PRACTICES AND ASSUMES ALL RISKS ASSOCIATED WITH SUCH EXPOSURES.

DISPUTE RESOLUTION AND BINDING ARBITRATION

Any dispute, claim, or controversy arising out of or relating to the products, services, educational materials, poultry, coops, transactions, or relationship between the parties shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in the county where Peggy’s Happy Chickens maintains its principal place of business unless otherwise required by applicable law. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision. Judgment upon the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction when necessary to protect rights pending completion of arbitration.

CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND PEGGY’S HAPPY CHICKENS AGREE THAT ANY CLAIM SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MASS ACTION PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS PROCEEDING.

LIMITATION PERIOD

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO PRODUCTS, SERVICES, POULTRY, COOPS, OR EDUCATIONAL MATERIALS PROVIDED BY PEGGY’S HAPPY CHICKENS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURS. CLAIMS NOT COMMENCED WITHIN SUCH PERIOD SHALL BE FOREVER BARRED.

SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent of the parties to the greatest extent permitted by law.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

CALIFORNIA ACKNOWLEDGMENT, RELEASE, AND WAIVER

Customer acknowledges that they have carefully read this Agreement, fully understand its contents, understand that they are giving up certain legal rights, and voluntarily agree to be bound by its terms.

Customer expressly acknowledges and agrees that:

Poultry ownership, handling, housing, transportation, and care involve inherent risks of personal injury, illness, disease exposure, property damage, economic loss, and death of poultry.
Customer knowingly and voluntarily assumes all risks, both known and unknown, associated with the purchase and use of products and services provided by Peggy’s Happy Chickens and with the ownership and care of poultry.
Customer releases and discharges Peggy’s Happy Chickens and its owners, officers, directors, employees, agents, affiliates, contractors, successors, and assigns from liability for claims arising from ordinary negligence to the fullest extent permitted by California law.
Customer understands that this release is intended to be broad and inclusive and shall be interpreted to provide the maximum protection permitted under applicable law.

CALIFORNIA CIVIL CODE § 1542 WAIVER

Customer expressly waives the provisions of California Civil Code Section 1542, which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Customer acknowledges that they may later discover facts different from or in addition to those presently known or believed to be true, but nevertheless intend to fully and finally settle and release all claims covered by this Agreement, whether known or unknown, suspected or unsuspected.

CUSTOMER ACKNOWLEDGMENT

BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY ARE RELEASING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS. ELECTRONIC SIGNATURES; ONLINE ACCEPTANCE; ENTIRE AGREEMENT

Customer agrees that this Agreement may be accepted electronically and that electronic signatures, electronic acknowledgments, click-through acceptances, check-box confirmations, digital signatures, email confirmations, online account registrations, and similar electronic methods shall have the same force and effect as an original handwritten signature.

Without limitation, Customer’s purchase of products or services, placement of an order, payment of an invoice, acceptance of delivery, creation of an online account, clicking an “I Agree” or similar button, checking an acceptance box, executing an electronic signature, or otherwise accessing or using products or services provided by Peggy’s Happy Chickens shall constitute acceptance of and agreement to be bound by this Agreement.

Customer acknowledges that:

(a) Customer has had an opportunity to review this Agreement prior to acceptance

(b) Customer has the ability to download, save, print, or otherwise retain a copy of this Agreement;

(d) Customer consents to the use of electronic records and electronic signatures in connection with all transactions with Peggy’s Happy Chickens.

This Agreement shall be governed by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., the California Uniform Electronic Transactions Act (California Civil Code §§ 1633.1 et seq.), and any other applicable laws governing electronic transactions.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Customer and Peggy’s Happy Chickens concerning the products, services, educational materials, poultry, coops, and related transactions and supersedes all prior or contemporaneous oral or written representations, discussions, negotiations, understandings, warranties, or agreements concerning the subject matter hereof.

No statement, representation, promise, course of dealing, custom, usage, marketing material, social media content, educational material, recommendation, or advice shall modify or supplement this Agreement unless expressly set forth in a written document signed by an authorized representative of Peggy’s Happy Chickens.

MODIFICATION OF TERMS

Peggy’s Happy Chickens may modify these terms from time to time. Updated terms shall become effective upon posting on Peggy’s Happy Chickens’ website or upon written notice to Customer. Continued use of products or services after such notice shall constitute acceptance of the revised terms to the extent permitted by law.

FORCE MAJEURE

Peggy’s Happy Chickens shall not be liable for any delay, failure to perform, or inability to provide products or services caused by events beyond its reasonable control, including acts of God, disease outbreaks, avian influenza, pandemics, epidemics, weather events, flooding, fire, governmental actions, supply chain disruptions, transportation interruptions, labor shortages, utility failures, predator activity, or other unforeseen circumstances.

CUSTOMER ACKNOWLEDGMENT

BY CHECKING THE BOX UPON PURCHASE YOU ARE ACCEPTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT CAREFULLY, UNDERSTANDS ITS TERMS, UNDERSTANDS THAT IT CONTAINS IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, RELEASES OF CLAIMS, ASSUMPTION OF RISK PROVISIONS, ARBITRATION REQUIREMENTS, AND WAIVERS OF CERTAIN LEGAL RIGHTS, AND VOLUNTARILY AGREES TO BE BOUND BY ITS TERMS.