The undersigned ("Parent") hereby warrants and represents that Parent is the parent or legal guardian of the minor child(ren) named hereinbelow ("Minor Child(ren)") and that Parent is authorized on behalf of Parent, Minor Child(ren), and their respective heirs, assigns, and personal representatives, to enter into this PARENT/GUARDIAN 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 Minor Child(ren) 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, Parent, on behalf of Parent, the Minor Child(ren), and their respective heirs, assigns, and personal representatives, hereby stipulates and agrees to all the terms and conditions set forth in this Agreement:
1. Assumption of the Risk. Parent understands 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. Parent understands that activities on the Premises and/or during the Event may be hazardous and involve risks that Minor Child(ren) 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. Minor Child(ren) 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.
Parent further understands that Sweet Olive Farm cannot provide an allergen free environment; that Minor Child(ren) 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 Minor Child(ren) may experience an allergic reaction, injury, or death.
Parent further understands 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.
Parent further understands that Sweet Olive Farm cannot guarantee that Minor Child(ren) will not be injured or become infected with an infectious disease due to Minor Child(ren)'s participation in the Event and that engaging in the Event may increase Minor Child(ren)'s risk of injury, illness, disability, death, and/or property damage.
PARENT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MINOR CHILD(REN)'S PARTICIPATION IN THE EVENT AND/OR PRESENCE ON THE PREMISES, INCLUDING THE RISKS OF INJURY, ILLNESS, DEATH, AND/OR PROPERTY DAMAGE, ON BEHALF OF PARENT, MINOR CHILD(REN), AND THEIR RESPECTIVE HEIRS, ASSIGNS, AND PERSONAL REPRESENTATIVES.
2. Release and Waiver. Parent, on behalf of Parent, the Minor Child(ren), and their respective heirs, assigns, and personal representatives, hereby fully and forever discharges and releases Sweet Olive Farm to the fullest extent permitted by law, from any and all claims that they 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 Minor Child(ren)'s 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 Minor Child(ren). Parent acknowledges and agrees 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 Minor Child(ren), Parent, or their heirs, assigns, and personal representatives, in connection with Minor Child(ren)'s participation in the Event and/or entry on the Premises.
3. Covenant Not to Sue. Parent, on behalf of Parent, the Minor Child(ren), and their respective 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 Minor Child(ren)'s participation in the Event and/or entry on the Premises.
4. Indemnification. Parent hereby agrees 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 Minor Child(ren)'s participation in the Event and/or entry on the Premises (collectively " Claims"), whether such Claims are brought by Minor Child)ren) or any other party.
5. Safety Rules and Good Physical Condition. Parent represents that Minor Child(ren) agree(s) 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. Parent represents that Minor Child(ren) is/are: (a) in good health, in proper physical condition, and do/does not have any medical or other condition that would impair her/his/their 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/does not have a confirmed or suspected case of such diseases, and has/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. Minor Child(ren) 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 Parent believes conditions to be unsafe, that Minor Child(ren) is/are no longer in proper physical condition to participate in the Event, or Minor Child(ren) begin(s) to experience symptoms of COVID-19 or other infectious diseases, Parent will immediately discontinue further participation in the Event.
6. Photo and Video Release. Parent understands and acknowledges that there are livestream cameras on the Premises that broadcast video live via the internet. Parent hereby gives Sweet Olive Farm irrevocable permission to make such livestream video recordings and other photos, videos, and sound recordings of Minor Child(ren) (collectively, " Recordings") in connection with minor Child(ren)'s 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 Parent and/or Minor Child(ren), 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 Parent or Minor Child(ren).
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 Parent hereby consents 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. Parent has 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 HERINBELOW, THE UNDERSIGNED ("PARENT") HEREBY REPRESENTS THAT PARENT HAS RECEIVED, FULLY READ, AND UNDERSTANDS EACH OF THE PROVISIONS OF THE SWEET OLIVE FARM ANIMAL RESCUE, INC., PARENT/GUARDIAN EVENT RELEASE AND INDEMNITY AGREEMENT AND THAT PARENT INTENDS 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. PARENT UNDERSTANDS THAT PARENT AND MINOR CHILD(REN) ARE GIVING UP SUBSTANTIAL RIGHTS INCLUDING THE RIGHT TO SUE AND RECOVER DAMAGES. PARENT ATTESTS THAT PARENT IS AT LEAST EIGHTEEN YEARS OF AGE AND LEGALLY COMPETENT, AND EXECUTES THIS AGREEMENT FREELY AND VOLUNTARILY AND FOR ADEQUATE CONSIDERATION.
Today's Date: July 24, 2021