WAIVER OF LIABILITY, INDEMINFICATION, AND HOLD HARMLESS AGREEMENT
Waiver of Liability: In consideration for receiving permission to participate in any festivals, events and experiences, I, on behalf of myself, my family members, my heirs, personal representatives, or assigns, do hereby agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE JK Orchard & Farm, LLC. located at 1345 Lutz Rd, Lima, Ohio 45801, their members, agents, volunteers, or employees (hereinafter referred to as FARM) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) OF FARM.
AND that except in the event of the FARM’s gross and willful negligence, I agree not to bring any claims, demands, actions and causes of action, and/or litigation, against the FARM for any economic and noneconomic losses due to bodily injury, death, and/or property damage sustained by me in relation to the premises and operations of the FARM.
Assumption of Inherent Risks: I am fully aware and understand there are inherent risks involved in agricultural, agritourism and social activities, which risks include, but are not limited to, bodily injury, physical harm, risk of contracting COVID-19 or ANY other illness, disease or condition and even death to participants and spectators from festivals, events and experiences which may occur in normal participation of such activities. I acknowledge that the operation of equipment, harvesting of produce, behavior of any animal, and customary agricultural, agritourism or social activities conducted at a FARM is contingent to some extent upon the ability of the operator and participant. Further, I understand that “inherent risks of agriculture activities” shall mean those dangers or conditions which are an integral part of agricultural, agritourism and social activities.
Food Allergies: FARM does not accommodate food allergies. I retain sole responsibility for ensuring that the food and beverages I choose to consume are consistent with my food restrictions and preferences, and I waive all claims against the FARM arising out of my consumption of any and all food and beverages to which I may have an allergy or aversion.
I understand that FARM does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, illness, or personal injury, including death, that may be sustained by me, or any loss or damage to personal property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FARM or otherwise, to the fullest extent allowed by law.
Indemnification: I also AGREE TO INDEMNIFY AND HOLD HARMLESS the FARM from any loss, liability, damage, or costs, including court costs and reasonable attorneys' fees that FARM may incur due to my participation in said activities, whether caused by FARM’s ordinary negligence or otherwise, to the fullest extent allowed by law.
Acknowledgements: I assert that I do not have any undisclosed chronic physical, allergies or mental conditions that would contra-indicate my participation in agricultural, agritourism or social activities; and I possess sufficient physical fitness and skill to enable safe participation.
Covenant not to Sue: I covenant not to sue FARM for any present or future claim arising directly or indirectly from my participation at the FARM. This includes claims resulting from the inherent risks of agricultural, agritourism and social activities and the active or passive negligence of the FARM.
I also expressly agree that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
IN SIGNING THIS PARTICIPATION AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I fully understand its terms and conditions. I understand that I am giving up substantial rights, including my right to sue FARM for injuries resulting from the inherent risks of agricultural, agritourism or social activities or the active or passive negligence of FARM. I further acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by FARM, to the greatest extent allowed by the laws of Ohio.
If a participant is a minor (less than 18 years of age), the parental or guardian signature below indicates full understanding of the above terms and, as may be permitted by law, is waiving both the rights of the minor participant and the rights of the parent/guardian pursuant to this Agreement.