ASSUMPTION OF THE RISK AND RELEASE FROM LIABILITY FORM
All Attendees (defined herein) of HOLLYBERRY FARM, INC., a California corporation, (the "Farm"), who come to the premises of the Farm, located generally at 3450 Hollyberry Trl, Vista, California 92804 (the "Premises") to experience and participate in various recreational, farming and/or educational activities for his or her own recreation and/or benefit (collectively referred to as "recreational activities") must read and agree to the terms set forth in this ASSUMPTION OF THE RISK AND RELEASE FROM LIABILITY FORM (the "Waiver") before engaging in such recreational activities on the Premises.
In consideration of the recreational activities that take place at the Premises, the Attendees, on behalf of themselves, their agents, employees, representatives, assigns, executors, trustees, attorneys, insurers, heirs, beneficiaries, and if applicable, on behalf of their minor child or children (collectively, the "Attendees"), hereby agrees as follows:
1. MINOR CHILDREN
Minor children are prohibited from the Premises without a parent or legal guardian. If an Attendee is a minor child, his or her parent or legal guardian must read and agree to the terms set forth in this Waiver prior to engaging in any recreational activities on the Premises.
2. ATTENDEE IS NOT AN EMPLOYEE OF THE FARM; WORKER'S COMP
If engaging in recreational activities on the Premises, Attendee acknowledges that he or she is not an employee of the Farm and understands that his or her participation in recreational activities on the Premises does not create an employment relationship.
If engaging in recreational activities on the Premises, Attendee further agrees that he or she is not acting on behalf of, or in a representative capacity for the Farm.
In the event Attendee is injured while participating in recreational activities on the Premises, Attendee understands that the injuries will not be covered by the Farm's workers compensation insurance, if any, or any other form of insurance maintained by the Farm.
3. RELEASE OF LIABILITY
Attendee hereby fully and forever releases, waives, and discharges the Farm, its owners, agents, contractors, employees, volunteers, instructors, trainers, representatives and assigns, and all other persons, associations and each of them who are or might be liability in any way (collectively the "Released Parties") from any and all claims, demands, actions, or causes of action of any kind, which Attendee may or might have against the Released Parties or any of them, arising from or by reason of any and all known and unknown, foreseen or unforeseen bodily and personal injuries, damage to personal property and any consequences thereof, which Attendee may sustain due to the negligence, whether ordinary or gross, of the Released Parties; and, Attendee further agrees that except for the willful misconduct of the Released Parties, Attendee shall not bring or cause any claim, demand, and/or legal action against or sue the Released Parties for any economic or non-economic loss due to bodily injury, death, and/or property damage while on the Premises or because of the operations and/or conduct of the Released Parties, which includes the operations and conduct of the Farm at any time.
ATTENDEE FURTHER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS, AND VOLUNTARILY WAIVES ANY RIGHTS HE OR SHE MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TOP EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
4. HOLD HARMLESS
Attendee hereby agrees to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, loss, damages, demands, actions, causes of actions, including attorney's fees, costs and expenses of any kind, which may be made against the Released Parties, or any of them, which arise out of the active or passive negligence of the Released Parties while Attendee is engaged in recreational activities at the Premises.
5. ASSUMPTION OF RISK
Wild animals and natural hazards exist on the Premises. Attendee acknowledges that some wild animals (such as coyotes, bobcats, rattlesnakes, etc.) and some natural hazards (such as falling tree limbs, fire danger, etc.) can injure and kill. Attendee assumes the risk of injury and/or death as a result of wild animals and natural hazards. Attendee acknowledges the Farm cannot guarantee the conditions of the Premises will be suitable for the recreational activities at all times, and Attendee acknowledges that conditions on the Premises can be unpredictable and lead to injury.
Attendee also expressly acknowledges that injuries received may be compounded or increased by negligent maintenance of the Premises, negligent care of horses and other animals on the Premises, faulty or improperly secured equipment, improper instruction and supervision, Acts of God, negligent rescue operations or procedures by the Released Parties, negligent handling of equipment, negligence handling of horses or other animals on the Premises, and independent operations by others who may use the Premises or others who are not affiliated with the Released Parties.
ATTENDEE HEREBY ACKNOWLEDGES AND ASSUMES THE RISKS ASSOCIATED WITH PARTICIPATING IN RECREATIONAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO SWINGING, PLAYING IN THE CORN PIT, FEEDING, PETTING & INTERACTING WITH THE FARM ANIMALS, AT THE PREMISES.
ATTENDEE FURTHER EXPRESSLY ACKNOWLEDGES AND UNDERSTANDS THAT THESE ACTIVITIES CAN BE DANGEROUS AND INVOLVE INHERENT RISKS THAT MAY CAUSE PROPERTY DAMAGE, SERIOUS INJURY, AND/OR DEATH, IN PART BECAUSE OF THE UNPREDICTABLE NATURE OF THE RECREATIONAL ACTIVITIES AND ENVIRONMENTAL CONDITIONS, REGARDLESS OF TRAINING AND PAST PERFORMANCE.
6. EMERGENCY MEDICAL CARE AUTHORIZATION FOR MINORS
In the event of injury to a minor child for whom Attendee is or may be responsible, in the absence of Attendee's presence or contrary authorization, Attendee authorizes the Farm to act on Attendee's behalf to obtain emergency medical care that may be necessary to protect the injured minor. Notwithstanding the foregoing, Attendee acknowledges and understands that he or she is responsible for carrying health insurance for himself or herself and/or his or her minor child or children.
7. PERSONAL PROPERTY
Attendee acknowledges that while on the Premises, direct loss, damage, theft, or injury to Attendee's vehicle(s), equipment, and/or personal property will not be covered by the Farm's insurance. The Farm shall not be responsible for such lost, damage, stolen, or injured property. Attendee understands that he or she is responsible for carrying automobile and/or personal property insurance.
8. NO RIGHT TO TRANSFER OR ASSIGN PRIVILEGES WITHOUT FARM'S PRIOR CONSENT
Attendee's access to the Premises as provided for herein is not transferable without first obtaining the Farm's prior consent. Attendee may not assign his or her access to the Premises as provided for herein without first obtaining the Farm's prior consent.
9. FARM HAS RIGHT TO TERMINATE ACCESS
The Farm may, at its sole and absolute discretion, terminate Attendee's access to the Premises as provided for herein, for any reason at any time.
10. GENERAL PROVISIONS
This Waiver shall be governed by the laws of the State of California and will be enforced and interpreted pursuant to such laws. Attendee acknowledges that the Farm drafted this Waiver and agrees that in the event of any ambiguity, such ambiguity shall not be construed against the Farm. Attendee agrees that this Waiver extends to all acts off ordinary negligence of the Farm and is intended to be as broad and inclusive as is permitted by the laws of the State of California. If any portion of this Waiver is deemed invalid, it is agreed that the remaining portions of this Waiver shall continue in full legal force and effect. Attendee further agrees that no oral representations or statements made by the Released Parties will modify or invalidate any portion of this Waiver and Attendee has not relied on any oral representations or statements made that are contrary to or modify the above warnings and waivers.
11. CERTIFICATION; EXECUTION
By agreeing and consenting to the terms and conditions of this Waiver, Attendee acknowledges and certifies that he or she has read this Waiver and understands the warnings, assumptions of risk, and release of liability contained herein and agrees to the same as set forth in the Waiver on behalf of himself or herself, his or her agents, assigns, employees, representatives, executors, trustees, attorneys, insurers, heirs, beneficiaries and where applicable, his or her minor child or children and their respective heirs, assigns, executors, agents, trustees, employees or representatives.
IN WITNESS HEREOF, I hereby knowingly and voluntarily confirm that I have carefully read this Waiver and fully understand its contents. I am aware that this Waiver constitutes, in part, a Release of Liability and a contract between me and the Farm. I have not been pressured into signing this Waiver and I am not under any duress. I am signing this Waiver voluntarily and of my own free will.