LOWE FAMILY FARMSTEAD
RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
In consideration of American Harvest LLC dba Lowe Family Farmstead (“LFF”) allowing the person(s) identified on the registration page (collectively, the “Participant”) to participate in the Activity (as that term is defined below), I represent and agree as follows:
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I am either the Participant identified above, or I am the legally authorized representative of the Participant. I have the authority to execute this Release, Waiver of Liability, and Indemnity Agreement (“Release”) on behalf of Participant.
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Participant voluntarily and of his/her own free will desires to enter onto LFF’s property (“Farm”) to participate in any or all of the following activities offered by LFF: “u-pick” pumpkin patch, hayrides, corn maze, flower-picking, and any other activities LFF may offer to Participant (collectively, the “Activity”). I understand and acknowledge that, but for my voluntary execution of this Release, LFF would not allow me to enter the Farm or participate in any Activity.
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WARNING: Under Idaho law, there are risks associated with agritourism, which could lead to injury or death. Participant is assuming these risks. Section 6-3004, Idaho Code.
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I understand that the Activity is an “agritourism activity” (as defined in Idaho Code Section 6-3003) that involves inherent risks and dangers, including, without limitation, surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential for Participant to act in a negligent manner that may contribute to injury to Participant or others, including failing to follow instructions given by LFF or failing to exercise reasonable caution while engaging in the Activity. I represent that the Participant is in appropriate physical condition to participate in the Activity. I acknowledge that in spite of care, precaution and concern, accidental injury may occur by the very nature of the activities to be undertaken. I have conducted such inquiries as to any and all activities to be undertaken as part of the Activity and made such inquiries regarding the Activity and the Farm as I deem necessary to satisfy myself that all such activities and the facilities and equipment related thereto, if any, are safe and reasonably suited for my use and participation. I assume full responsibility for and risk of bodily injury, property damage, or debts arising out of or related to my participation in the Activity, whether caused by the negligence, gross negligence, willful conduct or otherwise of Releasees.
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I hereby release, waive, discharge, and agree not to sue LFF, Lowe Valley LLC, and their respective members, managers, directors, officers, shareholders, employees, representatives and agents (collectively, the “Releasees”) from and for any liability to me or my personal representatives, assigns, heirs and next of kin for any loss, damage, claims or demands related to the Activity (collectively “Released Claims”). The Released Claims include, but are not limited to, any loss, damage, claims, or demands for personal injury, property damage, death, punitive or exemplary damages, or other losses arising out of or relating to my participation in the Activity, whether caused by Releasees’ negligence, gross negligence, willful conduct, or otherwise.
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I agree to indemnify, defend, and hold harmless Releasees for, from, and against, and hereby release Releasees with respect to, any claims, suits, losses, liabilities, damages, or costs asserted against Releasees or that Releasees may incur arising out of or related to my participation in the Activity, whether caused by the negligence, gross negligence, willful conduct, or otherwise of Releasees.
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I intend and agree that this Release is as broad and inclusive as permitted by applicable law, and if any portion thereof is held invalid, I intend and agree that the balance shall continue in full legal force and effect.
I have read this Release. I understand the rights I am giving up by signing it. I have had the opportunity to ask questions, and my questions have been answered to my satisfaction. I sign it willingly and voluntarily without any inducement, assurance or guarantee made to me. I intend my signature to constitute a complete and unconditional release of all liability of Releasees related to my participation in the Activity. As the minor’s parent/legal guardian, I understand the nature of the Activity and know the minor’s experience and capabilities and believe the minor to be qualified to participate. I hereby acknowledge that this Release also extends to the minor child(ren).
By checking the “I agree to the Release” box at the bottom of the registration page, or by proceeding beyond the Release Notification Sign located on the Farm, Participant (a) acknowledges that he/she has read and understands this Release, and that this Release has the same force and effect as a signed agreement; and (b) accepts this Release and agrees that Participant is legally bound by its terms. If Participant does not agree to the terms of this Release, LFF will not and does not provide access to the Activity or the Farm.