RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY,
AND CONSENT AGREEMENT ("Agreement") for Willow Creek Farm Preserve, LLC.
Release of Liability. In consideration of being permitted to participate in any way in Willow Creek Farm Preserve, LLC sponsored Seed to Share Garden™ Activities ("Activities") I, for myself, my personal representatives, assigns, heirs, and next of kin agree to the following terms:
Acknowledgement of Health. You declare yourself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation in the Activities. You acknowledge that you have been informed of the need for a physician’s approval for your participation in a Gardening Activity. You agree it is your sole responsibility to obtain an examination by a physician prior to involvement in the Activities. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or if you have chosen not to obtain a physician’s permission prior to beginning the Activities, you acknowledge that you are doing so at your own risk. You further acknowledge that you understand the nature of Gardening Activities and that the Activities will be conducted on Willow Creek Farm Preserve property open to the public during the Activity and upon which the hazards of traveling are to be expected and that you expressly assume the risk of the Activities. You further agree and warrant that if, at any time, you believe conditions to be unsafe, you will immediately discontinue further participation in the Activities.
Insurance. You certify that you have adequate insurance and/or resources to cover any injury or damage you may suffer as a result of participating in any Activity with the Company, including but not limited to health insurance and coverage for economic loss. You further certify that you are willing to and hereby do assume the risk of any medical or physical condition you may have.
Assumption of Risk. You understand and are aware that Activities are potentially hazardous activities. You acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist. Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, disability and, in some instances, death. You understand Injuries and Changes could result in your becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
You are voluntarily participating in the Activities with knowledge of the dangers involved. You understand and take sole responsibility for any and all Injuries and Changes that may occur to yourself and/or others related to any and all Activities associated with the Company’s instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in the presence of a Company representative. You expressly assume and accept sole responsibility for your safety and for any and all Injuries and Changes that may occur.
Waiver and Release of Liability. In consideration of participation in the Company’s Activities and programs, you hereby agree to release, discharge, hold harmless and covenant not to sue Company, its respective officers, members, directors, employees, representatives, executors, agents, and assigns (individually and collectively, “Releasees”) from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, or any and all acts or omissions, including negligence by the Company and its representatives. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to you and/or others that may occur as a result of your participation in the Activities; (b) any hazardous condition that may exist where the Activities take place; and (c) the Company’s negligent instruction or supervision during the Activities. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the
Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
Conclusion. You acknowledge you have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. You are waiving any right you, or your heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against the Releasees.
I AM 18 YEARS OF AGE OR OLDER (OR I AM THE PARENT/GUARDIAN OF ANY MINOR UNDER 18 YEARS OF AGE), HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY FRAUD, DURESS, INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.