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Julian Farm and Orchard

Waiver for All Activities



THIS IS A LEGALLY BINDING CONTRACT. IN ORDER FOR YOU TO PARTICIPATE IN ANY ACTIVITIES CONNECTED TO JULIAN ACRES, LLC, dba JULIAN FARM AND ORCHARD, NOW OR IN THE FUTURE, YOU MUST CERTIFY THAT YOU AGREE TO THE TERMS CONTAINED HEREIN:

 

ACKNOWLEDGEMENT OF RISK

I hereby acknowledge and agree that activities including ice-skating, rock climbing, axe throwing, petting zoo, tractor pulled hayrides, apple cannon shooting, classes, seminars and other activities at Julian Acres, LLC dba Julian Farm and Orchard, located at: 4381 Julian Highway, Santa Ysabel, CA 92070 (herein referred to as Julian Farm and Orchard) poses inherent risks. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, and that my participation is voluntary. I have full knowledge of the nature and extent of all of the risks associated with ice-skating, rock climbing, axe throwing, petting zoo, tractor pulled hayrides, apple cannon shooting, classes, seminars and other activities at Julian Farm and Orchard, including, but not limited to:

1. All manner of injury, physical or emotional, including, but not limited to: death and/or paralysis, abrasions, emotional injury, musculoskeletal injuries, head injuries, damage to myself, to property, or to others.

2. Injuries as a result of falling off of the climbing wall and hitting the landing area, the climbing wall, another climber, a belayer, an object on the ground, negligence of other climbers, farm employees or myself, visitors, and other persons who may be present.

3. Injuries resulting from falling climbers or dropped items such as, but not limited to, climbing hardware and belay anchors and climbing holds or pieces thereof.

4. Failure of ropes, slings, harnesses, shoes, climbing hardware, auto belays, equipment failure, or any part of the climbing wall structure.

5. Injuries resulting from failure to clip into the autobelay system properly.

6. Injuries resulting from the use of axes or injuries sustained while in the axe throwing area, whether by self or from others including farm staff.

7. Injuries resulting from axes being improperly thrown either by self or from others.

8. Injuries resulting from any and all activities related to the axe throwing area including but not limited to all manner of injury, physical or emotional, including, but not limited to: death and/or paralysis, abrasions, cuts, bleeding, scaring, emotional injury, musculoskeletal injuries, head injuries, damage to myself, to property, or to others.

9. Injuries resulting from any and all activities related to ice-skating including but not limited to all manner of injury, physical or emotional, including, but not limited to: death and/or paralysis, abrasions, cuts, bleeding, scaring, emotional injury, musculoskeletal injuries, head injuries, damage to myself, to property, or to others.

10. Injuries resulting from any and all activities related to use of the apple cannons including but not limited to any and all manner of injury, physical or emotional, including, but not limited to: death and/or paralysis, abrasions, cuts, bleeding, scaring, impact of apples, emotional injury, musculoskeletal injuries, head or bodily injuries, hearing loss, ringing of ears, damage to myself, to property, or to others.

11. I further acknowledge that the above list is not inclusive of all the possible risks associated with my use of activities at Julian Farm and Orchard that may also include apple cannons, ice-skating, tractor pulled hayrides, the petting zoo and any animals within it, classes, seminars and that the above list in no way limits the extent or reach of this Release/Indemnification and Covenant Not to Sue.

RELEASE/INDEMNIFICATION AND COVENANT NOT TO SUE

In consideration of my participation in any activities at Julian Farm and Orchard, I, the undersigned user, agree to release and, on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE, Julian Acres, LLC. dba Julian Farm and Orchard, its owners, members, shareholders, officers, directors, employees and agents, from any cause of action, damages, claims, whether known or unknown, anticipated or unanticipated, or demands of any nature whatsoever including any such claims which allege negligent acts or omissions of Julian Acres, LLC. dba Julian Farm and Orchard that are relating to or arising from any activity at Julian Farm and Orchard.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself. The laws of the State of California shall govern the rights and obligations of the parties this document. In the event that I do file a lawsuit against Julian Acres, LLC. dba Julian Farm and Orchard, I agree to do so solely in San Diego County.

In the event of an accident, if I should be unconscious or unable to make medical decision on my behalf, I hereby grant Julian Acres, LLC. dba Julian Farm and Orchard permission to administer first aid, and/or to solicit emergency services as deemed necessary.

Julian Acres, LLC. dba Julian Farm and Orchard further reserves the right and you hereby agree to allow the use of your cell phone number and email address along with any photograph or video taken anywhere at any time at Julian Farm and Orchard, including but not limited to farm activities, workshops or private events involving Julian Acres, LLC. dba Julian Farm and Orchard, both indoor or outdoor, or any event other sponsored by or involving Julian Acres, LLC. dba Julian Farm and Orchard. Such email addresses, cell numbers, images and videos may be used in and for marketing purposes, promotional materials, brochures, and/or website.

By my electronic signature, I hereby certify that I am of the legal age of consent (18) in the State of California. I also certify that I have read, understood, and agree to the terms contained herein.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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