Waiver
PARTICIPATION, WAVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
UNGER HOMESTEAD- 6998 Horatio-New Harrison Rd. Greenville, Oh 45331
Waiver of Liability: In consideration of being granted access, entry, and permission to participate in activities at the Unger Family Farm, sole proprietor, DBA Unger Homestead, on behalf of myself and any persons under the age of 18 in my party, do hereby agree to RELEASE, WAIVE, ACQUIT, DISCHARGE, AND COVENANT NOT TO SUE the Unger Family Farm, sole proprietor, DBA Unger Homestead and, jointly, severally, and whether express, implied, actual, constructive, legal, or otherwise, an and all of the Farms past, present, and/or future owners, servants, legal and/or personal representatives, officials, staff, counsel, parents, subsidiaries, affiliates, companies, members, shareholders, officers, directors, boards, trustees, contractors, general and/or limited partners, bond companies, sureties, heirs, administrators, devisees, executors, assigns, predecessors, successors, employees, volunteers, representatives, adjusters, attorneys, privities in interest, agents, insurance companies, and/or insurers (within the Agreement the Unger Farm , Sole Proprietor, DBA Unger Homestead and all of the foregoing parties are jointly referred to as the “Farm”) of and from any and all past, present and/or future claims, demands, obligations, actions, causes of action, suits at law or in equity, rights, damages, costs, losses of services, expenses, attorney fees, and compensation of any nature whatsoever, including, but not limited to claims of negligence, breach of duty, recklessness, wantonness, bad faith, personal injuries, physical injuries, medical bills and treatment, reputational injuries, psychological, injuries, loss of consortium, property damages, lost wages, lost employment opportunity, and punitive damages, whenever occurring or accruing and whether based on a tort, contract, or any other theory of recovery, including but not limited to subrogation, which I/we now have, or which may hereafter accrue or otherwise be acquired on account of and/or in any manner arising out of or related to ant loss, damage, or injury, including death, that may be sustained by me or any of the minors in my part, including, but not limited to, damage, loss, or theft of property and/or injuries sustained while participating in an activity.
This waiver applies to the fullest extent allowed under applicable Ohio law and regardless of whether any losses and/or damages sustained or claimed to have been sustained are in any manner caused by or related to actions or inactions of the Farm, including but not limited to, ordinary negligence, whether active or passive.
Nothing within this agreement shall be construed as limited, waiving, or in any manner affecting any and all defenses, immunities, applicable statues, codes, regulations and/or doctrines of law available to the Farm, including, but not limited to, the Agro-tourism immunity as stated in Ohio Revised Code Section 901, and it is expressly recognized that the terms of this agreement are in addition to any applicable defenses, immunities, applicable statues, codes, regulations and/or doctrines of law.
Assumption of Risks: I/We am fully aware and understand there are inherent risks involved in agricultural and agritourism activities, which risks include, but are not limited to, bodily injury, physical harm and even the potential for death to participants and spectators from activities which may occur in normal participation of such activities. I/We acknowledge that the operation of equipment, harvest of produce, behavior of any animal, and customary agricultural and agritourism activities conducted at a farm is contingent to some extent upon the ability of the operator and participant. Further, I/We understand that “inherent risks of agricultural activities” shall mean those dangers or conditions which are an integral part of agriculture and agritourism activities, including but not limited to: operation of farm equipment and machinery that may result in injury, harm, or death of persons on or around such implements; dangers of being in areas marked Do Not Enter, Off Limits to Customers, or any other methods to demonstrate that specific areas are off limits; the propensity of any animal’s reaction to behave in ways that may result in injury, harm, or death to persons on or around them and//or damage to personal property in their vicinity; the unpredictability of an animal’s reaction to such things as sounds, sudden movements, and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface objects; exposure to biological, environmental, and chemical hazards; hazards related to climbing ladders, repetitive movements (such as cultivating or picking produce), and exposure to outdoor weather conditions; limited availability of emergency medical care; the potential of any participant or spectator to act in a negligent manner that may contribute to the injury to the participant or others; and all activities offered at the Farm.
I/We understand that the Farm does not require me or any other individual to participate in any activities, and I/We voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any minor in my party, for any loss or damage to personal property owned by me, or any minor in my party, as a result of being engaged in such activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FARM or otherwise, to the fullest extent allowed by law.
Use of Substances: I/We am fully aware that the use of illegal substances, smoking, vaping, and the consumption of alcoholic beverages are not permitted at the Farm or during any activities. I/We fully agree to abide by this rule. If I do not abide by this rule, I/we immediately surrender my permission to be on Farm and become a trespasser and agree to leave the property immediately.
Indemnification: I agree to indemnify, hold harmless, and defend the Farm from any and all claims, demands, actions, liability, damages, judgments, or losses made against or sustained by any other party that are in any manner related to my presence at the Farm and/or my participation in any activities at the Farm, including, but not limited to, any amounts sought, claimed, or recovered against the Farm by any person in my party under the age of 18, and/or any insurer, person, governmental agency, hospital, physician, or any medical provider of any kind whatsoever or any entity subrogated or claiming to be subrogated to my rights as the result of any medical, hospital, or services of any kind provided to me that are or were in any manner related to my presence at the Farm and/or any activities at the Farm. Such indemnification shall include any attorney fees, court costs, and expenses incurred by the Farm in defending and/or responding to any such claims or demands.
Acknowledgements, Assertions, and Agreements: I/We warrant as follows: Health Status- I/We assert that: I/We do not have any undisclosed chronic physical or mental conditions that would contra-indicate my participation in agricultural or agritourism activities; and I/We posses sufficient physical fitness and skill to enable safe participation. Emergency Care- I/We authorize or agree: For the administration of emergency first aid, CPR, and use an AED as may be deemed necessary; For Farm to secure emergency medical care or transportation (i.e., EMS) as may deemed necessary; and To assume all costs of emergency medical care and transportation for myself and/or minor child(ren). Rules & Safety Equipment- I/We agree to abide by the rules and regulations established by Farm, and I/We acknowledge that the Farm is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that I am incapable of safely meeting th rigors of the activity. I accept the Farm’s right to take such actions for the safety of myself, other participants, and or the animals on the premises. Free Will and Scope- I/We represent that I/we am entering into this agreement of my own free will, that I/we have completely read the terms of this Agreement, fully understand the terms of this Agreement, voluntarily accepted the terms of this Agreement, and that the terms of this agreement should not be interpreted to be more or less favorable for or against any party.
I/We agree that this Agreement binds, is effective against, and inures to the benefit of myself, the minors in my party, the Farm, and each of their respective past, present, and/or future servants, legal and/or personal representatives, officials, staff, counsel, parents, subsidiaries, affiliates, companies, members, shareholders, officers, directors, boards, trustees, contractors, general and/or limited partners, bonding companies, sureties, heirs, administrators, devisees, executors, assigns, predecessors, successors, employees, representatives, insurers, insurance companies, adjusters, attorneys, privities in interest, and/or agents.
Integration- I/We agree that this Agreement contains the entire understanding between myself and the Farm related and all prior or contemporaneous agreements, understandings, representations, and statements, whether oral or written, are merged herein and shall be considered ineffective to the extent the contradict the terms herein. No amendment to this agreement of the terms herein shall be effective unless such an amendment is in writing and signed by duly authorized representatives for myself and the Farm. No term or provision hereof shall be deemed waived unless such a waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent or waiver so provided shall not constitute a waiver of, consent to, or excuse for an unrelated subsequent breach of this Agreement. If any term or provision of this Agreement is found to be illegal or unenforceable, the remainder of the Agreement shall remain in full force and effect, notwithstanding the illegal or unenforceable portion, which shall be deemed stricken from the Agreement. I/We agree that this will be governed and construed in accordance with the laws of the State of Ohio and may be executed in counterparts original. I/We agree to cooperate fully, execute any and all supplementary documents, and to take any and all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. Whenever the context mat require, any pronouns used in this Agreement shall include corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa.
IN SIGNING THIS PARTICIPATION AGREEMENT, I/WE ACHKNOWLEDGE AND REPRESENT THAT I’WE fully understand its terms and conditions. I/we understand that I/we are giving up substantial rights, including my right to sue the Farm , including, but not limited to, for injuries resulting from the inherent risks of agricultural or agritourism activities or the Farm’s negligence. I/we further acknowledge that I/we 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.
This release of liability is applicable to and covers any and all visits to the Unger Homestead including, but not limited to, any visits prior, concurrent, or subsequent to the execution of the release, and the signor specifically acknowledges that the scope of this release is an integral part of the agreement, consideration, and license by the Farm to enter its property and engage in activities thereon.
*If a participant is a minor (less than 18 years of age), the signature below indicates full understanding of the above terms and, as may permitted by law, is waiving the rights of the minor participant pursuant to this agreement.