Haas vanHuuksloot, LLC - HvH Specialty Growers
Release of Liability and Indemnity Agreement for Event Visitors
The undersigned being of legal age, desires to enter upon the premises known as “HvH Specialty Growers Farm”, and/or to use or come into contact with plants, and/or facilities either owned or controlled by Haas van Huuksloot LLC, and/or participate in an event, photo-session, tour, training or instruction from the agents or employees of the Farm, and being fully aware of the risk of injury and dangers inherent in entering upon said premises and/or engaging in visit or Agri-Tourism activities, and does hereby willingly enter into this Release of Liability and Indemnity Agreement.
Therefore, in consideration of being permitted to enter upon the premises known as HvH Specialty Growers farm to participate in the activity, the undersigned visitor knowingly and expressly waives visitor's rights to sue Haas vanHuuksloot LLC, its members, managers, employees, agents, successors, heirs, and assigns, for any injury, death, loss, or damage caused to visitor or to visitor's property, and visitor agrees to assume all risks inherent in visiting and participating in any activities, including, without limitation, the risks of injury, death, loss, or damage to visitor or to visitor's property. visitor acknowledges that visitor has been given notice of the risks inherent in and intrinsic dangers of agri-tourism & farm event activities, including, but not limited to:
- The presence of plants, insects, chemicals and risks of allergy attacks;
- uneven surfaces, holes and tripping hazards including hoses
- certain hazards associated with tools and equipment present on the farm;
- the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to carefully watch their steps (e.g. walking backwards while participating in photography sessions) or not acting within the participant visitor’s ability,
and the visitor expressly agrees to assume all such risks and waives all rights to sue for injuries caused by such risks.
If a visitor is a minor or otherwise under a legal disability, this agreement shall be signed by visitor's parent or legal guardian. by signing, the parent or legal guardian agrees
- to waive the parent's, guardian's, and visitor's rights to sue the parties named in the immediately preceding paragraph;
- to assume, on behalf of the parent, guardian, and visitor, the risks set forth in the immediately preceding paragraph, in addition to all other risks of participating in agri-tourism or farm activities
- to indemnify and hold harmless Haas vanHuuksloot LLC , its members, managers, employees, agents, successors, heirs, and assigns from any loss, claim, suit, or judgment resulting from any injury, death, loss or damage sustained or claimed by visitor (or visitor's personal representative), and further to indemnify Haas vanHuuksloot LLC, its members, managers, employees, agents, successors, heirs, and assigns from any and all costs of defending such claims, including attorneys' fees.
This Release, Waiver and Indemnity Agreement shall be governed and construed by the laws of the State of California. In the event that any portion of this Release, Waiver and Indemnity Agreement shall be declared unenforceable, such declaration shall not affect the remaining terms of this document, which shall survive intact.
The undersigned understands that at this event or related activities, they may be photographed and that these photos become the property of HvH Specialty Growers.. The undersigned agrees to allow their photo, video or film likeness to be used for any legitimate purpose by the event holder, organizers and assigns without payment of any kind and waive any royalties.
Visitors are advised to wear appropriate footwear at all times while around the farm, given the uneven and soft surfaces, holes and tripping hazards and expressly assumes the risk of injury resulting from failure to do so and/or from selecting footwear which does not adequately protect against injury
Haas vanHuuksloot, LLC Farm Safety SITE VISITOR CHECKLIST
- All visitors to the site must report to the Farm Staff area before entering the Farm.
- The following items must be observed during a site visit:
All warning signs and barricades must be obeyed;
Do not stray from the approved path for ingress and egress;
Pay attention to trip hazards like irrigation hoses when walking near or in the flower beds; Be aware that walking surfaces will be uneven or have other impediments
Smoking is prohibited;
Do not touch or attempt to climb on or use any of the equipment; Climbing on ladders, fences or other structures is prohibited.