I, the undersigned, hereby warrant and represent that I, on my behalf and on behalf of my heirs, assigns, and personal representatives, am authorized to enter into this ADULT EVENT RELEASE AND INDEMNITY AGREEMENT ("Agreement") in connection with the event specified hereinabove ("Event") in favor of Sweet Olive Farm Animal Rescue, Inc., and its respective directors, officers, employees, founders, agents, representatives, and volunteers (collectively, " Sweet Olive Farm").
For good and valuable consideration, including but not limited to my being permitted to participate in the Event and/or being provided access to and use of the premises located at 855 Parkview Road, Winterville, GA 30683, and 880 Parkview Road, Winterville, GA, 30683, and 25 Will Chambers Road, Winterville, GA 30683 ("Premises"), and in recognition of Sweet Olive Farm's reliance hereon, I, on my behalf and on behalf of my heirs, assigns, and personal representatives, hereby stipulate and agree to all the terms and conditions set forth in this Agreement:
1. Assumption of the Risk. I understand that Sweet Olive Farm operates farms that are sanctuaries for cows, sheep, goats, pigs, alpacas, llamas, roosters, hens, ducks, geese, donkeys, horses, rabbits, and other animals. I understand that activities on the Premises and/or during the Event may be hazardous and involve risks that I may sustain injury, illness, disease (including, but not limited to, COVID-19 and other infectious bacterial and viral diseases), temporary or permanent disability, death, and/or property damage. I may be exposed to: animals that may bite, kick, crush, head butt, or have zoonotic diseases; persons with infectious diseases; campfires; farm vehicles; ongoing construction; debris; power tools; downed or live electrical wires; property that has been damaged or is in need of repair; slippery or wet surfaces, including mud and standing water; falling rocks or tree limbs; uneven or rocky ground; holes or crevices in the roads or ground; and/or other hazards inherent to farm operations.
I further understand that Sweet Olive Farm cannot provide an allergen free environment; that I, on the Premises and/or participating in the Event, may consume or come into contact with food and other plants, supplies, and products inherent to farm operations that contains allergens or traces allergens; and that I may experience an allergic reaction, illness, injury, or death.
I further understand that Sweet Olive Farm does not provide medical services and that injuries and/or allergic reactions may be compounded by negligent or delayed medical service.
I further understand that Sweet Olive Farm cannot guarantee that I will not be injured or become infected with an infectious disease due to my participation in the Event and that engaging in the Event may increase my risk of injury, illness, disability, death, and/or property damage.
I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY PARTICIPATION IN THE EVENT AND/OR PRESENCE ON THE PREMISES, INCLUDING THE RISKS OF INJURY, ILLNESS, DEATH, AND/OR PROPERTY DAMAGE, ON MY BEHALF AND ON BEHALF OF MY HEIRS, ASSIGNS, AND PERSONAL REPRESENTATIVES.
2. Release and Waiver. I, on my behalf and on behalf of my heirs, assigns, and personal representatives, hereby fully and forever discharge and release Sweet Olive Farm to the fullest extent permitted by law, from any and all claims thatI may have or hereinafter have for any injury, illness, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable to or relating in any manner to my entry upon and use of the Premises and/or attendance of the Event, whether caused by the negligence of Sweet Olive Farm or any other reason. Such claims include but are not limited to claims for emotional distress, medical expenses, cost of rehabilitative and other care, lost earnings, loss of companionship, and time spent caring for me. I acknowledge and agree that this Agreement is intended to be, and is, a complete release of any responsibility of Sweet Olive Farm for any and all claims, losses, costs, illness, personal injuries, temporary or permanent disability, death, and/or property damage sustained by me or my heirs, assigns, and personal representatives, in connection with my participation in the Event and/or entry on the Premises.
3. Covenant Not to Sue. I, on my behalf and on behalf of my heirs, assigns, and personal representatives, agrees not to sue Sweet Olive Farm or to initiate or assist in the prosecution of any claim for damages or cause of action against Sweet Olive Farm, which they may have or hereinafter may have as a result of any illness, personal injury, death, or property damage sustained in connection with my participation in the Event and/or entry on the Premises.
4. Indemnification. I hereby agree to defend, indemnify, and hold harmless Sweet Olive Farm from and against any and all losses, damages, actions, suits, claims, judgements, settlements, awareds, interest, penalties, expenses (including reasonable attorneys' fees), and costs of any kind for any illness, personal injury, loss of life, or damage to property sustained by reason of or arising from my participation in the Event and/or entry on the Premises (collectively " Claims"), whether such Claims are brought by me or any other party.
5. Safety Rules and Good Physical Condition. I represent that I agree to obey all directional and "off limits" signs; to comply with safety rules, regulations, instruction, and warnings of Sweet Olive Farm's staff; and to exercise reasonable care concerning all disclosed risks. I represent that I am: (a) in good health, in proper physical condition, and do not have any medical or other condition that would impair my ability to participate in the Event; and (b) not experiencing symptoms of COVID-19 or other infectious diseases (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of such diseases, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having such diseases. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to COVID-19 and other infectious diseases while participating in the Event, including, but not limited to, hand sanitation, social distancing, and use of face coverings. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Event, or I begin to experience symptoms of COVID-19 or other infectious diseases, I will immediately discontinue further participation in the Event.
6. Photo and Video Release. I understand and acknowledge that there are livestream cameras on the Premises that broadcast video live via the internet. I hereby give Sweet Olive Farm irrevocable permission to make such livestream video recordings and other photos, videos, and sound recordings of me (collectively, " Recordings") in connection with my participation in the Event and/or entry on the Premises and to use, reproduct, distribute, and broadcast the Recordings, as well as any photos, videos, and/or sound recordings provided to Sweet Olive Farm by me, in any manner in furtherance of Sweet Olive Farm's charitable mission, in any media, in perpetuity, without any compensation to or further approval required by me.
7. Photo and Video Use. Photos and/or videos taken on the Premises and/or during the Event are for personal use only and may not be distributed to the public or used for commercial or fundraising purposes without Sweet Olive Farm Animal Rescue's prior written consent. Photos or videos posted on personal social media sites should be tagged - Sweet Olive Farm Animal Rescue, @sweetolivefarm.
8. Miscellaneous. This Agreement shall have perpetual effect. This Agreement shall be governed by and interpreted in accordance with the law of the State of Georgia. Any claim or cause of action arising under this Agreement shall be brought in the federal and state courts located in Oglethorpe County, Georgia, and I hereby consent to the exclusive jurisdiction of such courts. In the event that any clause or provision of the Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement.
9. Entire Agreement. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. I have not relied on any representation of any kind or character not contained in this Agreement. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
BY SIGNING HEREINBELOW, I HEREBY REPRESENT THAT I HAVE RECEIVED, FULLY READ, AND UNDERSTAND EACH OF THE PROVISIONS OF THE SWEET OLIVE FARM ANIMAL RESCUE, INC., ADULT EVENT RELEASE AND INDEMNITY AGREEMENT AND THAT I INTEND TO BE FULLY BOUND BY THE AGREEMENT AND TO UNCONDITIONALLY RELEASE SWEET OLIVE FARM ANIMAL RESCUE, INC., OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I UNDERSTANDS THAT I AM GIVING UP SUBSTANTIAL RIGHTS INCLUDING THE RIGHT TO SUE AND RECOVER DAMAGES. I ATTEST THAT I AM AT LEAST EIGHTEEN YEARS OF AGE AND LEGALLY COMPETENT AND THAT I EXECUTE THIS AGREEMENT FREELY AND VOLUNTARILY AND FOR ADEQUATE CONSIDERATION.
Today's Date: July 24, 2021