Andelin Family Farm - Release of Liability, Waiver of Claims, Express Assumption Of Risk and Indemnity Agreement
I hereby affirm and acknowledge that my participation in recreational events, activities, camps and classes at Andelin Family Farm including but not limited to farm camps, fitness classes, corn creepers haunted attraction, zombie paintball, pony rides, horse rides, camel rides, corn maze, pumpkin patch, baby animal days, festivals, petting zoo, slides, races, mini-zips, u-pick produce and all other activities held at Andelin Family Farm. These and other activities have inherent hazards and risks associated with them, including the use of equipment and transportation associated therewith of which I am about to engage in. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized including the potential for permanent disability and death.
2. Possible equipment failure and/or malfunction of my own or other’s equipment.
3. This activity takes place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, encountering objects either natural or man-made.
4. My own negligence and/or the negligence of others, including but not limited to operator error and decision making including misjudging terrain, weather and route location.
5. Attack by or encounter with insects, reptiles, and/or animals.
6. Accidents or illness occurring in remote places where there are no available medical facilities.
7. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death
An inherent risk of exposure to COVID-19 exists in any public place where people are present.
COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the CDC (Centers for Disease Control and Prevention), senior citizens and individuals with underlying medical conditions are especially vulnerable.
By visiting Andelin Family Farm you voluntarily assume all risks related to exposure to COVID-19.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the activity(ies) described above and any other related activities, I hereby agree, acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releases: Andelin Family Farm, LLC, Andelin Family Trust, Sierra Vista Properties, Inc.
2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT.