JK Orchard & Farm, LLC

BEEKEEPING PARTICIPATION AGREEMENT

WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT

Eligibility

Participation in certain beekeeping activities or workshops may be limited to individuals age 18 and older, while other activities, such as the Honey Harvest Workshop, permit participation for individuals ages 13 and older when accompanied and supervised by a parent or legal guardian. Participants and their parents or guardians are responsible for confirming the age requirements of each specific activity.

Waiver of Liability

In consideration for receiving permission to participate in beekeeping activities, workshops, hive inspections, or any related events conducted by 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 beekeeping activities, whether caused by the ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) of the FARM or otherwise.

AND, 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 beekeeping operations and activities conducted by the FARM.

Assumption of Inherent Risks

I acknowledge and understand that beekeeping activities involve inherent risks, including but not limited to:

• The risk of bee stings
• Allergic reactions (including severe or life-threatening reactions)
• Scratches, cuts, or injuries associated with outdoor activities
• Physical exertion in variable weather conditions
• Uneven terrain, slips, trips, or falls

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 at least 18 years of age, or if participating in an activity allowing minors (such as the Honey Harvest Workshop), I am at least 13 years of age and will be accompanied and supervised by a parent or legal guardian.
• I am not aware of any physical, mental, or medical conditions, including severe allergies, that would prohibit me from safely participating in beekeeping activities.
• I possess sufficient mental and physical fitness, strength, and skill to safely participate in beekeeping activities.
• I understand that bee stings may occur even when wearing protective gear.
• I agree to follow all safety instructions provided by FARM staff.
• I agree to wear appropriate clothing, including long sleeves, long pants, and closed-toe shoes, as required for beekeeping activities.
• I understand that I am solely responsible for any medical expenses arising from injuries, allergic reactions, or other health conditions connected to my participation.
• I understand that the FARM, its owners, employees, and volunteers are not responsible for any medical costs, treatment, or related expenses.
• I understand that it is my responsibility to consult with a physician if I have any questions about my ability to safely participate.
• I understand that the 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 for any loss or damage to personal property owned by me, as a result of engaging in such activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE FARM OR OTHERWISE, to the fullest extent allowed by law.

Food Allergies

During certain beekeeping activities, I may be offered honey, bee pollen, or other food or beverages for tasting. I understand that the FARM does not guarantee allergy-safe food preparation and does not accommodate food allergies. 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 beekeeping 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 beekeeping activities. This includes claims resulting from the inherent risks of beekeeping 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 beekeeping 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.​​​​​​​