ACTIVITY WAIVER & RELEASE OF LIABILITY THIS ACTIVITY WAIVER AND RELEASE OF LIABILITY (“Agreement”) is entered into for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as of the date signed below, BETWEEN the undersigned Participant AND Quiver Full Farm LLC, Jeremy Ramsey, and Haley Ramsey, individually and in their capacity as owners or co-owners of the property, and their respective members, managers, officers, employees, agents, guides, independent contractors, successors, heirs, and assigns(collectively, the "Activity Provider"), at 5406 US-23 Hwy, Mars Hill, NC 28754. The Participant acknowledges that they were given adequate time to read this Agreement prior to signing, were not pressured or rushed, and had the opportunity to seek independent legal advice. The Participant further acknowledges that they are not signing under duress, that there was no inequality of bargaining power in the execution of this Agreement, and that this Agreement is not contrary to any substantial public interest. 1. Description of Activity & Property Hazards The Participant will engage in blacksmithing and forging activities at The Forge at Vikings Don’t Cry, located on the property of Quiver Full Farm LLC, Jeremy Ramsey, and/or Haley Ramsey, and their respective successors, heirs, and assigns, and will be present on the surrounding farm property. Activities include but are not limited to: use of propane-fueled and coal-fired forges, power hammers, electrical grinders, belt sanders, angle grinders, and hand tools. Activities involve sustained exposure to open flame, extreme heat exceeding 1,800°F, airborne sparks and metal particulate, and sharp and heavy implements including knives, axes, hatchets, chisels, and other edged tools. The Participant further acknowledges that the forge and surrounding farm property presents additional inherent hazards including but not limited to: uneven and unpaved terrain, livestock and farm animals, farm equipment and machinery, outdoor environmental conditions, insects, weather events, and open water on the property. The Activity Provider assumes no liability for any incident involving open water on the property. The Participant agrees to remain in designated areas at all times and to keep a safe distance from all bodies of water on the property. This Agreement covers all time the Participant is present on the property, including before, during, and after the scheduled forge activity. 2. Assumption of Risk a. Inherent Risks. The Participant acknowledges that blacksmithing, forging, and farm property activities carry inherent risks that cannot be fully eliminated regardless of precautions taken. These risks include but are not limited to: severe burns, fire, electric shock, eye injury, lacerations, crush injury, inhalation of smoke or metal fume, exposure to livestock, falls on uneven terrain, exposure to open water, and death. b. Express Assumption of Risk. The Participant voluntarily, knowingly, and expressly assumes ALL such risks, whether known or unknown, foreseen or unforeseen, arising from both forge activities and presence on the farm property, whether caused by the negligence of the Activity Provider or otherwise, under the doctrine of express assumption of risk as recognized under North Carolina law. c. Prerequisite to Participation. The Participant acknowledges that execution of this Agreement is a required condition of participation and that the Participant would not be permitted to participate without signing. 3. Release and Waiver of Liability IMPORTANT — RELEASE OF LIABILITY: IN CONSIDERATION of being permitted to participate in the above activities and access the farm property, the Participant, on behalf of themselves, their heirs, executors, administrators, personal representatives, and assigns, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Activity Provider from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, property damage, injury, or death that may be sustained by the Participant while on the property of Quiver Full Farm LLC, Jeremy Ramsey, and/or Haley Ramsey, and their respective successors, heirs, and assigns or participating in or preparing for any activity thereon, WHETHER CAUSED BY THE NEGLIGENCE OF THE ACTIVITY PROVIDER OR OTHERWISE, to the fullest extent permitted by the laws of the State of North Carolina. This release does not apply to injuries caused by the Activity Provider’s gross negligence, willful misconduct, or wanton conduct. 4. Indemnification The Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Activity Provider from and against any and all claims, liabilities, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or related to: (a) the Participant’s participation in the activity or presence on the property; (b) any breach of this Agreement; or (c) the Participant’s failure to follow safety instructions, staff directions, or posted rules. This indemnification obligation applies even if the claim arises from a condition the Participant was warned about prior to participation. 5. Safety Compliance a. Safety Briefing. The Participant agrees to be fully attentive to and comply with all safety briefings provided by Activity Provider staff before and during the activity. The Participant understands that the safety briefing contains information critical to preventing serious injury and agrees not to begin any forge activity until the briefing is complete. b. Staff Directions. The Participant agrees to follow all directions and instructions given by Activity Provider staff at all times while on the property, without exception. Failure to comply may result in immediate removal from the activity and property without refund. c. PPE & Equipment. The Participant agrees to wear all required personal protective equipment at all times as directed, including but not limited to: safety glasses, face shields, heat-resistant gloves, leather apron, and closed-toe leather footwear. Participants without appropriate footwear may be denied participation. d. Sobriety. The Participant represents and warrants that they are not under the influence of alcohol, drugs, prescription medication, or any other substance that impairs physical coordination or judgment. The Activity Provider reserves the right to refuse participation to any person believed to be impaired, without refund. e. Property Boundaries & Open Water. The Participant agrees to remain in designated activity areas at all times, to maintain a safe distance from all open water on the property, and not to interact with livestock or farm equipment without explicit staff permission. f. Weather & Natural Conditions. The Participant acknowledges that outdoor activities on the property are subject to weather events, natural hazards, and environmental conditions outside the Activity Provider’s control, including but not limited to lightning, flash flooding, extreme temperatures, and falling trees. The Activity Provider may suspend or cancel the activity at its sole discretion for safety reasons without liability. 6. Alcohol & Substances on Property The consumption of alcohol or controlled substances on the property is prohibited unless explicitly permitted in writing by the Activity Provider for a specific event. If the Activity Provider elects to permit alcohol consumption at any future event, participants who consume alcohol do so voluntarily and assume all additional risks associated therewith. The Activity Provider assumes no liability for incidents arising from or related to alcohol or substance consumption on the property. 7. Right to Refuse & Remove The Activity Provider reserves the right, at its sole discretion, to refuse participation to or remove from the property any individual at any time, including but not limited to cases of non-compliance with safety instructions, suspected impairment, disruptive behavior, disregard for property rules, or any condition that staff deems a safety risk to themselves or others. No refund is owed in cases of removal for cause. 8. Fitness to Participate The Participant represents and warrants that they do not have any physical limitations, medical conditions, mental health conditions, or disabilities that would prevent safe participation in forge activities or safe presence on farm property. If the Participant participates despite a known disqualifying physical or medical condition, the Participant agrees to indemnify and hold harmless the Activity Provider from any and all claims arising from or related to that condition. Participants with known heart conditions, respiratory conditions, or severe heat sensitivity should consult a physician before participating. 9. Limitation of Liability To the maximum extent permitted by North Carolina law, in the event any portion of this Agreement is found unenforceable and the Activity Provider is found liable, the Activity Provider’s total liability to the Participant shall not exceed the amount paid by the Participant for the specific activity session giving rise to the claim. 10. Photography, Video & Media Release The Participant grants the Activity Provider permission to photograph and video record the Participant during the activity and on the property, and to use such recordings for marketing, social media, promotional, and educational purposes without compensation. This permission becomes irrevocable upon commencement of the session. Participants who wish to opt out must notify staff in writing before the session begins, prior to which this permission may be withdrawn. 11. Third-Party Booking Platforms Participation booked through any third-party platform including but not limited to Airbnb, Viator, or Get Your Guide does not modify, limit, or supersede the terms of this Agreement. The terms herein are independent of and in addition to any terms imposed by third-party booking platforms. The Participant acknowledges that no third-party platform is a party to this Agreement. 12. Survival of Agreement This Agreement and all of its terms shall survive the completion of the activity, any subsequent visits to the property, and any future participation in activities offered by the Activity Provider, unless a new written agreement expressly supersedes it. 13. Binding Effect & Severability This Agreement is binding upon the Participant, their spouse, heirs, executors, administrators, legal representatives, and assigns. If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect. The unenforceability of any single provision shall not affect the enforceability of the remainder of this Agreement. 14. Full and Final Agreement The Participant acknowledges having carefully read this Agreement in its entirety, fully understands its terms, had the opportunity to seek independent legal advice prior to signing, and executes it freely and voluntarily. This Agreement constitutes the entire agreement between the parties on this subject matter and supersedes all prior representations or agreements. 15. Governing Law, Arbitration & Class Action Waiver This Agreement is governed by the laws of the State of North Carolina for all participants, including minors and their parents or guardians. Any dispute, claim, or controversy arising out of or relating to this Agreement, the activity, or the Participant’s presence on the property shall be resolved exclusively by binding arbitration. Arbitration shall be conducted by a neutral arbitrator mutually agreed upon by both parties. If the parties cannot agree on an arbitrator within thirty (30) days of a written demand for arbitration, the arbitration shall be administered under the rules of the American Arbitration Association (AAA) or JAMS, at the election of the claimant. Arbitration shall take place in Madison County, North Carolina. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. CLASS ACTION WAIVER: The Participant expressly waives any right to bring or participate in any class action, collective action, or representative proceeding arising out of or related to this Agreement or the activity. All claims must be brought on an individual basis only. This arbitration clause does not apply to claims that may be brought in small claims court within the jurisdictional limits applicable in Madison County, North Carolina. I confirm each of the following: - I have read this entire Agreement, understand its contents, and voluntarily agree to all of its terms.
- I was given adequate time to read this Agreement and was not pressured or rushed.
- I will be fully attentive to and comply with all safety briefings and all staff directions during my entire visit.
- I voluntarily and expressly assume all risks associated with forge activities and presence on the farm property, including open water.
- I understand that this Agreement contains a dispute resolution clause requiring binding arbitration and that I am waiving certain legal rights including the right to a jury trial and class action participation.
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