Foraging Liability Waiver

FORAGING LIABILITY WAIVER

This Foraging Liability Waiver (the Agreement) is entered into as of between Organizer/Landowner Name: with Address: and Participant Name: , Participant Address: .

RECITALS

WHEREAS, Organizer owns or controls access to the property and location described as: (the Premises) and conducts guided or unguided foraging activities there;

WHEREAS, Participant wishes to enter the Premises and engage in foraging activities, including identification, harvesting, handling and transport of wild plants, fungi, and other natural materials (collectively, Foraging Activities);

WHEREAS, Organizer requires Participant to assume risks and release Organizer from liability as a condition of entry and participation;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, "Organizer" includes Organizer/Landowner named above, its agents, employees, contractors, volunteers, affiliates, successors and assigns. "Participant" means the undersigned individual. "Foraging Activities" means any activity involving identification, harvesting, handling, transport, and/or preparation of wild plants, fungi, mushrooms, berries, seeds, roots, or other natural materials on the Premises.

2. ASSUMPTION OF RISK

Participant acknowledges and understands that Foraging Activities involve inherent and unpredictable risks, including but not limited to: misidentification of species that may cause illness or death; exposure to poisonous plants, fungi, ticks, insects, wildlife, or hazardous terrain; injuries arising from slipping, tripping, or falling; adverse weather; and risks related to consumption of foraged items. Participant voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable.

Participant affirms that Participant is physically capable of participating in Foraging Activities, has disclosed any medical conditions or allergies as required by Section 5, and will advise Organizer of any condition that may affect safe participation.

I acknowledge and accept the risks described above and agree to participate at my own risk.

3. RELEASE AND WAIVER

To the fullest extent permitted by law, Participant, on behalf of Participant and Participant's heirs, executors, administrators, personal representatives, assigns and next of kin, hereby releases, waives, discharges and covenants not to sue Organizer for any and all liability, claims, demands, actions or causes of action, including those arising from Organizer's negligence, that relate to any loss, damage, injury, illness, disability or death, whether to person or property, arising out of or in connection with Participant's presence on the Premises or participation in Foraging Activities.

4. INDEMNIFICATION

Participant agrees to indemnify, defend and hold harmless Organizer from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from Participant's acts or omissions in connection with Foraging Activities, including but not limited to claims by third parties for personal injury, property damage, or death to the extent caused by Participant's negligence or willful misconduct.

5. MEDICAL CONDITIONS, ALLERGIES AND MEDICATIONS

Participant must disclose any medical conditions, allergies (including food and plant allergies), medications, or other conditions that may affect safe participation. Participant certifies that the following information is true and complete:

6. CONDUCT, HARVESTING, AND IDENTIFICATION

Participant agrees to follow all instructions and safety guidelines provided by Organizer, stay with the authorized group or within agreed boundaries, and not to harvest or consume any plant, fungus, or other resource unless it has been positively identified and expressly authorized by Organizer. Participant accepts sole responsibility for any consumption or use of foraged materials and acknowledges that Organizer does not guarantee edibility or safety of any item.

I will not consume or distribute any foraged item without confirmation by an authorized identifier.

7. PHOTOGRAPHS AND MEDIA

Participant grants Organizer the right to take and use photographs, video, and audio recordings of Participant during Foraging Activities for promotional, educational, or documentation purposes, in any media, without compensation. If Participant does not consent, Participant must initial here:

8. INSURANCE

Participant acknowledges that Organizer does not carry medical or health insurance for Participant and Participant is responsible for obtaining appropriate insurance coverage. Participant is encouraged to maintain a current policy that covers outdoor activities.

9. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses provided above or to such other address as a party may designate by written notice. Notices shall be effective upon receipt.

10. AMENDMENT, WAIVER, COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Premises are located. This Agreement constitutes the entire understanding between the parties regarding the subject matter and supersedes all prior negotiations and agreements. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

12. REPRESENTATIONS AND WARRANTIES

Participant represents and warrants that Participant is at least 18 years of age and legally competent to execute this Agreement, or if Participant is a minor, that a parent or legal guardian has signed on Participant's behalf. Participant further represents that all information provided herein is true and complete.

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