ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION, HOLD HARMLESS AND RELEASE AGREEMENT
I hereby acknowledge and agree that this Assumption of Risk, Waiver of Liability, Indemnification, Hold Harmless and Release Agreement (“Agreement”) is acknowledged and entered into in connection with, and in consideration of, my participation (and the participation of my child(ren) and/or those minor participants named below who are under my supervision) for the agritourism and agritainment, including but not limited to: (i) the 321 Jump Inc inflatables or launch pad; (ii) corn maze; (iii) corn pit; (iv) petting zoo; (v) sunflower field; (vi) corn cannon; (vii) combine; and (viii) all other activities present at the fall festival (collectively, the “Events”) at Fresh Acres Farm, which is located at 8102 72nd St NE, Monticello, MN (the “Premises”) together with the use of any equipment at the Premises.
I hereby attest, warrant and represent, for myself, my spouse (if applicable), my child(ren) and any minor children under my supervision (herein as “My Child” whether one or more), and our respective representatives, heirs, guardians, conservators, trustees, and next of kin, as follows:
- I acknowledge, agree, and represent that immediately upon entering the Premises, I will inspect the Premises and, if at any time I feel anything to be unsafe, I will immediately advise Fresh Acres, LLC, a Minnesota limited liability company (“Fresh Acres”) of such and, if necessary, I will advise My Child to leave the Premises and refuse to participate in the Events.
- I acknowledge that the Events carry an inherent risk of physical injury, disability and death and I will discuss that same with My Child. I also understand that the Events will intentionally and deliberately test my and My Child’s physical and mental strength and stamina by introducing abnormal hazards and conditions. I understand that these hazards and conditions may even be extreme, unsafe and result in injury to My Child or me. Nevertheless, I knowingly and voluntarily assume all such risks for and on behalf of My Child and myself, and represent that My Child are I are physically and mentally capable of participating in the Events. I also expressly acknowledge that any injuries My Child or I may sustain during the Events could be compounded or increased by negligent rescue operations or procedures of the Releasees (as defined below). To avoid any doubt or misunderstanding, I understand and acknowledge that the risks include, but are not limited to: (i) death, disability, and irritation to My Child’s or my skin, eyes and organs; (ii) contact with other participants, spectators, race officials or objects; (iii) crossing over, under or through man-made or natural hazards such as water, rocks, mud, hard surfaces and other objects; (iv) using or navigating through broken or defective equipment; and (v) weather-related conditions, such as cold or hot temperatures, humidity, frostbite and sunburn.
- I hereby release, waive, discharge, and covenant not to sue Fresh Acres, or the promoters, organizers, participants, volunteers, operators, owners and lessees of the Premises, and any other person who provided recommendations, directions or instructions or engage in risk evaluation or loss mitigation activities regarding the Premises or the Event, as well as their respective members, managers, officers, agents, insurers and employees (all of the foregoing named parties are herein referred to as “Releasees”) from all liability for any and all losses, damages, injuries, claims or demands on account of My Child’s or my participation in the Events, including, without limitation, injuries, losses, claims or damages resulting in My Child’s or my hospitalization, disability or death, no matter how caused or whether caused by any partial or sole negligence of the Releasees or otherwise.
- I hereby agree to indemnify, save and hold harmless Fresh Acres and the Releasees from any loss, liability, damage, or cost they may incur arising out of or related to the Events or My Child’s or my participation in the Events, whether caused by any partial or sole negligence of the Releasees or otherwise.
- I hereby assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Events or My Child’s or my participation in the Events, whether caused by the partial or sole negligence of Fresh Acres or the Releasees. Nevertheless, I hereby authorize and consent to treatment, including being transported in an ambulance or other vehicle, by first-responders, medical personnel, trainers, race officials and volunteers offering or providing assistance to My Child or me if My Child or I are injured during the Events.
- I hereby agree that this Agreement extends to all acts of partial or sole negligence by Fresh Acres and the Releasees, including negligent rescue operations, and is intended to be as broad and inclusive as is permitted by the laws of Minnesota or the state of my residence and that if any portion of this Agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.
- I hereby acknowledge and agree that photographs, video productions and telecasts may be made during the Events or at such times or places as Fresh Acres shall designate related to the Events. I agree that all rights in such photographs, video productions and telecasts including, but not limited to, rights of sale, reproduction, use and distribution, shall belong to Fresh Acres and its successors or assigns. Fresh Acres may make whatever use of such photographs, video productions and telecasts as it or they may desire. I hereby grant to Fresh Acres the non-exclusive right to use My Child’s and my name, image and likeness for any and all commercial benefit and purpose, without limitation, in perpetuity, throughout the universe, in all media. I hereby agree to indemnify and hold the Releasees harmless from and against all claims, liability, loss or expense, including reasonable attorney’s fees, which may result from the use of the foregoing.
- I hereby agree that neither My Child nor I will sell, convey, distribute, hand out, gift or give away any item, product, drug or substance of any form while on the Premises regardless of whether the same is or may be related to the Events.
- I acknowledge and agree that I have read the foregoing understand the terms, and am aware that I am releasing certain legal rights that My Child and I may have, including but not limited to, the right to initiate and maintain a lawsuit against Fresh Acres, LLC or any of the Released Parties on the basis of any claim from which I have released herein. I further acknowledge and agree that I have had sufficient opportunity to read this entire Agreement and agree to be fully bound by its terms. This Agreement shall be governed by the State of Minnesota. If any of its provisions are held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate any of the other provisions of this Agreement, as the provisions of this Agreement are severable.
I have read this Agreement, understand that by signing it I give up substantial rights My Child and/or I would otherwise have to recover damages for losses occasioned by Fresh Acres or the Releasees’ (as defined above), and sign below voluntarily and without inducement.
Today's Date: October 2, 2023