JK Orchard & Farm, LLC

RASPBERRY U-PICK PARTICIPATION AGREEMENT
WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT

Waiver of Liability

In consideration for receiving permission to participate in raspberry u-pick activities at JK Orchard & Farm, LLC, located at 1345 Lutz Rd, Lima, Ohio 45801 (hereinafter referred to as FARM), 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 the FARM, its members, agents, volunteers, or employees 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 raspberry u-pick activities, whether caused by the ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) of the FARM or otherwise.

AND that except in the event of the FARM’s gross and willful negligence, I agree not to bring any claims, demands, actions, causes of action, or litigation against the FARM for any economic or noneconomic losses due to bodily injury, death, or property damage sustained by me in relation to the premises and operations of the FARM.

Assumption of Inherent Risks

I acknowledge and understand that participating in raspberry picking involves inherent risks, including but not limited to:

• Scratches or cuts from raspberry thorns
• Insect bites or bee activity present in outdoor environments
• Uneven ground, slips, trips, or falls
• Exposure to weather conditions, including sun, rain, or heat

I am fully aware and understand that there are inherent risks involved in agricultural, agritourism, and outdoor 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. I acknowledge that such risks may occur during normal participation in farm activities.

Acknowledgements & Agreements

I affirm and certify that:

• I am not aware of any physical, mental, or medical conditions that would prohibit me from safely participating in raspberry u-pick activities.
• I possess sufficient mental and physical fitness and ability to safely participate in raspberry u-pick activities.
• I understand that it is my responsibility to consult with a physician if I have any questions about my ability to safely participate.
• I am responsible for supervising any minors under my care during participation.

Food Allergies

I understand that FARM does not guarantee allergy-safe food preparation for any food or beverages that may be available for purchase or sampling during my visit. I retain sole responsibility for ensuring that anything I choose to consume is safe for me. I waive all claims against the FARM arising out of my consumption of any food or beverages to which I may have an allergy or aversion.

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 the FARM may incur due to my participation in raspberry u-pick activities, whether caused by the FARM’s ordinary negligence or otherwise, to the fullest extent allowed by law.

Covenant Not to Sue

I covenant not to sue the FARM for any present or future claim arising directly or indirectly from my participation in raspberry u-pick activities. This includes claims resulting from the inherent risks of agricultural activities and the active or passive negligence of the FARM.

Minor Participants

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.

I expressly agree that this Participation Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and that if any portion of this agreement is held invalid, the balance shall continue in full force and effect.

IN SIGNING THIS PARTICIPATION AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT:

• I have carefully read and fully understand its terms and conditions.
• I understand that I am giving up substantial rights, including my right to sue the FARM for injuries resulting from the inherent risks of raspberry u-pick activities or the active or passive negligence of the FARM..
• I am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of Ohio.​​​​​​​