Fill and Sign the Risks Agreement 497331697 Form

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement for Picking Fruit and/or Vegetables on the Property of Another BY SIGNING THIS DOCUMENT YOU WILL BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. For and in consideration of being allowed to take pick cherries and (list other fruits and/or vegetables) ________________________________________________ ___________________ on the property of _________________ (name of owner) , and as a prerequisite of being allowed to take pick cherries and (list other fruits and/or vegetables) ___________________________________________________________ ______________ on the property of _________________ (name of owner) , hereinafter called the Owner , I do hereby covenant, represent and agree as follows: 1. Assumption of Risks I understand that entering onto the land and/or the structures of Owner (the Property ), for the purposes of gathering, picking, collecting, and otherwise obtaining (hereinafter jointly and severally called Collecting ) any fruit, vegetables, nuts, grain, or other foods (the fruit and/or vegetables ) and eating said fruit and/or vegetables involves many inherent risks, hazards and dangers which may cause injury to person and (or property including but not limited to the following: A. The risk of injury due to natural and manmade causes such as: 1. falling, tripping, and/or slipping; 2. the risks posed by the presence of uneven terrain, roots, rotted fruit, animal waste, mud, water, and any other hazard whether naturally occurring or man made; 3. the risk of drowning; 4. the risk posed by the presence of fencing, ditches, culverts, creeks, streams, settling ponds and other manmade or naturally occurring hazards; B. The risk of injury due to wildlife, Insects, vegetation and outdoor weather conditions such as: 1. the risks due to the presence of wildlife, birds, insects, spiders, snakes, and other animals whether domestic or livestock; 2. sunburn, heat stroke, heat exhaustion or other conditions related to being outdoors; 3. the risk of cuts, punctures or other injury including allergic reactions caused by or resulting from the presence of trees, plants and other vegetation; C. The risk of being stung and/or bitten by a bee, wasp, spider or other insect and any reaction, allergic or otherwise which may result; D. T he risk of injury related to the use of equipment such as: 1. injury to person and/or property from the use of equipment including ladders , stepstools, chairs, tractors, cherry pickers and other equipment whether mechanical, or otherwise; 2. injury to ears or hearing loss due to loud machinery and equipment; E. The risk of injury related to physical exertion and injuries caused by others such as: 1. stretching, reaching, bending, twisting, squatting, and any other form of physical exertion; 2. accidental, intentional or negligent physical injury caused by others; 3. injury to property or person as a result of negligence by the Owner, or any of his employees, independent contractors, and other guests; and F. The risks related to eating said fruit and/or vegetables s uch as: choking, allergic reactions, poisoning, food intolerances or sensitivities, upset stomach, indigestion, heartburn, nausea, or diarrhea. I freely accept and fully assume all risks, danger, and hazards and the possibility of personal injury, death, property damage or loss, resulting therefrom. I also understand that the Owner makes no representations, warranties or other assurances with respect to the quality, edibility, purity, or contents of the fruit and/or vegetables. Release of Liability, Waiver of Claims and Indemnity Agreement 1. In consideration of the Owner, allowing me to enter the Property to engage in the Collecting and/or eating of the fruit and/or vegetables I pick, I hereby waive any and all claims that I have now or hereafter have against the Owner, his employees, representatives and agents (all of whom are hereinafter collectively referred to as the Releasees) ; 2. For the same consideration as aforesaid, I hereby release the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my use of or my presence at or on the Property due to any cause whatsoever , INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, INCLUDING ANY DUTY OF CARE OWED UNDER ANY COMMON OR STATUTORY LAW, AND ANY AMENDMENTS THERETO. 3. For the same consideration as aforesaid, I hereby AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property, whether accidental, intentional, or negligent, sustained personally by me, or if applicable, my spouse, or any member of my family including any minor child I may have with me on the Property, arising from any occurrence at, from or related to the Collecting and/or eating the fruit and/or vegetables picked my me or my family or guests, or the occupancy or use of the Property, or occasioned wholly or in part by an act or omission of me or any third party at or on the Property. 4. In case the Releasees are made a party to litigation begun by or against me, or by my spouse, guests or any of my children, if applicable, I will protect, indemnify and hold the Releasees harmless and will promptly pay all costs, expenses and reasonable legal fees incurred or paid by the Releasees in connection with the litigation; and 5. In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement. 6. By entering onto the Property and engaging in the Collecting and/or eating said fruits and/or vegetables, I agree to abide by any instruction communicated to me with respect to the method of Collection. I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES. Witness my signature this the _____ day of _______________, 20_____. ______________________________ (Printed Name of Recipient) (Signature of Recipient) _____________________ Witness _______________________ Witness