I hereby grant Soaring Chicken Farm Ministry, its representatives and employees, permission to use and/or publish photographs or videos of myself in print and/or electronically. I understand and agree that these materials will become the property Soaring Chicken Farm Ministry and will not be returned. I hereby authorize Soaring Chicken Farm Ministry to edit, alter, copy, exhibit, publish, or distribute the photograph or video for purposes of publicizing their programs or for any other lawful purpose. In addition, I waive my rights to any compensation arising or related to the use of the photographs or videos. I release and discharge Soaring Chicken Farm Ministry from any and all claims arising out of use of the photos or videos for any lawful purpose such as for publicity, illustration, advertising, and Web content. Additionally, I grant Soaring Chicken Farm Ministry , and its agents and employees, the irrevocable and unrestricted right to reproduce the photographs and/or video images taken by me, or members of my family, for the use of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Soaring Chicken Farm Ministry and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during discussion, interview or other communication, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation. In the case of minors, Soaring Chicken Farm Ministry has my permission to use photo or video of my child or legal custody with all the permissions outlined above. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use. September 7, 2024
WAIVER AND RELEASE OF LIABILITY AGREEMENT Please read carefully before signing, serious injury may result from your participation in the activities at Soaring Chicken Farm Ministry. Soaring Chicken Farm Ministry makes reasonable efforts to keep the property safe but does not guarantee your safety. THIS IS A RELEASE OF LIABLITY AND WAIVER OF CERTAIN LEGAL RIGHTS. In consideration for being permitted access to the property and to participate in the activities and use the property, I agree to the following waiver and release: I acknowledge the inherent dangers and risks associated with including but not limited to interacting with dangerous animals, and insects- encountering hazardous conditions on site and being present with others on the property and I voluntarily assume the risk that I and my child(ren) may be encounter while on the property. I acknowledge that I and my child(ren) may be exposed to or infected by COVID-19 by participating in activities at the property and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the property and may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Soaring Chicken Farm Ministry employees, volunteers, and participants of any activities and their families. I agree to cancel any future activities with Soaring Chicken Farm Ministry if I have any symptoms of COVID-19 or any other contagious illness. I attest that: - I am not experiencing any symptom of COVID-19 illness such as fever, cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I have not knowingly been exposed to someone with a suspected and/or confirmed case of COVID-19.
- I have not been, nor any member(s) of my household, diagnosed with COVID-19 in the last 30 days.
I voluntarily agree to assume the risk of any and all injuries resulting from any activity at Soaring Chicken Farm Ministry and accept sole responsibility for any injury to my child(ren) or myself including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the property or participation in the activities (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Soaring Chicken Farm Ministry, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I agree that this release includes any Claims based on the actions, omissions, or negligence of Hitching Post Ministries, its employees, agents, and representatives, including but not limited to whether a COVID-19 infection occurs before, during, or after participation in any activity. I ALSO AGREE AND ACKNOWLEDGE THAT THE RELEASE CONTAINED HEREIN APPLIES TO ALL UNKNOWN AND UNANTICIPATED INJURIES AND/OR DAMAGES (AS WELL AS THOSE NOW DISCLOSED). I ACKNOWLEDGE THAT SECTION 1542 OF THE CALIFORNIA CIVIL CODE PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM/HER, WOULD HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I HEREBY VOLUNTARILY WAIVE ALL RIGHTS UNDER THE FOREGOING CIVIL CODE PROVISION AS TO UNKNOWN OR FUTURE CLAIMS. I understand and agree that the law of the State of California will apply to this Waiver of Liability. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER OF LIABILITY, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: BEEKEEPING EXPERIENCE WAIVER AGREEMENT AND RELEASE PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF LEGAL RIGHTS I understand and myself/my child has elected to participate in the BEE EXPERIENCE (“Experience”) offered by Soaring Chicken Farm Ministry, a California non profit located on certain property owned and/or operated by Christina Stroh. ALL PARTICIPANTS MUST BE ACCOMPANIED BY AN ADULT. Participation in the Experience is entirely voluntary. Because the Experience involves increased risk of physical harm to the participants, Soaring Chicken Farm Ministry wants you to understand the nature of these risks before you choose to accept them on behalf of yourself and your child. Throughout this Agreement and Release, “child” includes any child for which you are the legal guardian. Risks of the Experience: Recreational activities involving observation of and interaction with live bees are dangerous. All recreational activities involving live bees involve some degree of risk. The Experience presents a number of risks, including but not limited to, erratic or unpredictable behavior of bees which can be increased due to weather conditions and other environmental factors; allergy to bee suits, gloves or other safety equipment; allergic reaction to honey; adverse reaction to smoke from smoker used by beekeepers; injury while putting on or removing bee suits; overheating while wearing a bee suit; bee stings; allergic reactions to bee stings; uneven surfaces or holes in the ground; tripping or falling while in proximity to live bees; and human error by another participant. Accidents can cause property damage and serious injury to any part of the human body, and in some cases paralysis or death. You represent that you and your child (1) are not allergic to bees and
(2) will comply with all laws and
(3) will comply with all Rules and Regulations regarding the Experience and
(4) will wear gloves, hat, veil and bee suit if requested when in proximity to any live bees or beehives
IF YOU OR YOUR CHILD BELIEVE ANYTHING IS UNSAFE, YOU WILL NOTIFY SOARING CHICKEN FARM MINISTRY PERSONNEL AND YOU AND YOUR CHILD WILL IMMEDIATELY CEASE OR REFUSE TO PARTICIPATE FURTHER IN THE EXPERIENCE AND/OR LEAVE THE APIARY AREA. Liability Release and Indemnification: Soaring Chicken Farm Ministry require that you recognize the risks inherent in participating in the Experience and provide the following release from liability and indemnification, as a condition to Soaring Chicken Farm Ministry permitting your child to participate: In consideration of our child participating in the Experience, we, the parents or legal guardian(s) of (see name below) a minor, on behalf of each of us, our child or ward, our next of kin and personal representatives, hold harmless, release, waive and discharge Soaring Chicken Farm Ministry , and each of its officers, directors, managers, shareholders, representatives, owners, members, employees, agents, successors and assigns (the “Releases”) from all liability due to the active or passive negligence of any Releasee or otherwise in any way arising from or related to the Experience. We further agree that except in the event of gross negligence or willful misconduct by a Releasee (for which this release does not apply), we will bring no claims, demands or litigation of any kind against any Releasee, for any economic or noneconomic loss or damage due to mental distress, bodily injury, death or property damage sustained by either of us or our minor child or legal ward arising from or in relation to the Experience or consumption of any food product provided during the Experience or both of the above. This release includes, but is not limited to, any loss arising from or connected with any of the risks described in the preceding paragraphs. We also agree to indemnify, defend and hold harmless the Releasees from (i) any liability, demand, damage, claim, cost, action, loss or expense (including attorney’s fees and expert witness fees) they may incur because of any lack of capacity or defect in capacity of either of us to act on behalf of our minor child or ward in executing this agreement and release and (ii) any liability, demand, damage, claim, cost, action, loss or expense (including attorney’s fees and expert witness fees) in any way arising from or related to our participation, our child’s or ward’s participation or both our and our child’s or ward’s participation in the Experience (except that this indemnification shall not apply to the fraud, gross negligence or intentional misconduct of such Releasee). We agree that our participation and the participation of our child or ward is at our own risk and that we assume full responsibility for and risk of any and all injury, illness, death, property damage or loss to ourselves, our child or ward or both us and our child or ward. We acknowledge that the foregoing agreement and release is intended to be as broad and inclusive as possible as is permitted by California law and if any part of this agreement and release is found to be unenforceable or invalid for any reason, the remaining provisions and portions shall remain in full force and effect. We, the undersigned, have read, understand and voluntarily sign the foregoing agreement and release. We understand and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made. We acknowledge that Soaring Chicken Farm Ministry is materially relying on this agreement and release in allowing our child to participate in the Experience. WE ARE FULLY AWARE OF THE RISKS AND HAZARDS INHERENT IN PARTICIPATING IN THE EXPERIENCE AND UNDERSTAND THAT PARTICIPATION IN THE EXPERIENCE CAN BE DANGEROUS AND INVOLVE THE RISK OF ANY OR ALL OF THE FOLLOWING: SERIOUS INJURY, DEATH, ECONOMIC LOSS OR PROPERTY DAMAGE. WE UNDERSTAND THAT WE ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, ECONOMIC LOSS OR PROPERTY DAMAGE FOR OURSELVES AND FOR OUR CHILD OR WARD. We also agree that this agreement and release is governed by the laws of the State of California. Date: September 7, 2024 |
