READ CAREFULLY In consideration of the below named visitor (hereinafter referred to as “Visitor”) being permitted to enter upon the premises known as “Verdant Hollow Farms” and/or “The Creamery at Verdant Hollow Farms” and/or participate in any way in any events or activities thereat or conducted by or under the auspices of Verdant Hollow Farms, LLC and/or the Creamery at Verdant Hollow Farms or any of their subsidiaries and other affiliates, including, but not limited to, attendance at and participation in public and private activities, including, but not limited to, goat hikes, farm tours, goat baby snuggles, foraging workshops and other Agri-Tourism activities, and/or to receive rentals, tours, and/or training or instruction from employees or other agents of Verdant Hollow Farms (collectively, “activities”), for any reason, THE UNDERSIGNED, for himself/herself, and/or as the parent, legal guardian or other authorized adult representative of a minor Visitor, the undersigned, hereby: - ACKNOWLEDGES that being around or near goats, and other livestock and farm animals, as well as agricultural equipment, machinery, vehicles and facilities can be dangerous and may involve the risk of serious injury and/or death, and/or property damage and that he/she participates therein knowingly and voluntarily, and at his/her own risk; and
- ACKNOWLEDGES that Visitor has been given notice of the risks inherent in and intrinsic dangers of the activities, including (i) the propensity of an livestock and machinery to behave in dangerous ways which may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of livestock and machinery reactions to such things as sounds, sudden movement, unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v) the potential of Visitor or another visitor or participant acting in a negligent manner that may contribute to injury to Visitor or others, such as failing to maintain control over livestock or machinery or not acting within the Visitor or other participant’s ability, and Visitor expressly agrees to assume all such risks. This waiver and express assumption of risks shall specifically apply to Visitor and to all minor children and/or wards of visitor: and
- ELECTS VOLUNTARILY to enter upon said premises and/or to participate in said activities and agree to these Terms of Visitation and Participation, and does hereby assume all risks inherent in visiting or otherwise encountering livestock, machinery, and facilities, including, without limitation, the risks of injury, death, loss, or damage to Visitor or to Visitor's property; and
- RELEASES, DISCHARGES AND COVENANTS NOT TO SUE Verdant Hollow Farms, LLC, Verdant Hollow Essentials, LLC, doing business as The Creamery at Verdant Hollow Farms, their respective direct and indirect subsidiaries, and parent and other affiliated entities, and each of their respective directors, managers, members, partners, stockholders, officers, employees, agents and consultants (collectively the “Releasees”) from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin, for any and all loss or damage and any claim or demands therefore on account of injury to or death of the person or damage to property arising out of or related to the activities, whether caused by the negligence of the Releasees or otherwise; and
- AGREES TO INDEMNIFY AND HOLD HARMLESS the Releasees, and each of them, FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to Visitor’s visit to said premises and participation in any activities, whether caused by the negligence of the Releasees or otherwise; and
- AGREES to the unrestricted use or publication of any photographs, videos or other media in which the undersigned may be included, which are taken of the undersigned while visiting said premises or participating in any activities, whether taken by any of the Releasees, or others; and
- ACKNOWLEDGES, that if Visitor is a minor or has a legal disability, the undersigned executes these Terms of Visitation and Participation as Visitor's parent, legal guardian or other authorized adult representative, and by signing, the undersigned parent, legal guardian or other authorized adult representative agrees (i) to waive the parent's, guardian's, other authorized adult representative’s and Visitor's rights to sue the Releasees; (ii) to assume, on behalf of the parent, guardian, other authorized adult representative and Visitor, the risks set forth above; and
- ACKNOWLEDGES, these Terms of Visitation and Participation shall be governed and construed by the laws of the State of Michigan, regardless of where any injury or loss shall occur. If any portion of these Terms of Visitation and Participation shall be declared unenforceable, such declaration shall not affect the remaining terms of this document, which shall survive intact; and
- ACKNOWLEDGES, Visitor has been advised to wear appropriate hard-soled, heeled footwear always, and expressly assumes the risk of injury resulting from failure to do so and/or from selecting footwear which does not adequately protect against injury; and
- ACKNOWLEDGES, the undersigned has read the above releases and indemnification of all claims, assumptions of risk and covenant not to sue, fully understands their terms, understands that he or she has given up substantial rights by signing these Terms of Visitation and Participation and has signed it freely and voluntarily without any inducement, assurance or guarantee being made to him or her and intends his or her signature to be a complete and unconditional release of all liability to the greatest extent allowed by law;
- ACKNOWLEDGES, if these Terms of Visitation and Participation is being signed on behalf of a minor, the undersigned certifies that he or she is the parent, guardian, custodian or other adult legally responsible for the minor and is legally authorized to execute this document on behalf of the minor and further certifies that he or she is authorized to and intends to bind the minor and all other persons who have the right to bring a claim on behalf of the minor, or in their own right, to the terms of these Terms of Visitation and Participation.
Date: November 21, 2024
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