Waiver

WARNINGS       

Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.

Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death.

RELEASE AGREEMENT AND WAIVER OF LIABILITY [hereinafter, the “Agreement”]

I represent and warrant that I am at least 18 years of age and, on behalf of myself, successors, heirs, and representatives, have the legal capacity to enter into this Agreement. For any person for whom I am acting as parent or legal guardian, I represent and warrant that I have the legal capacity and authority to execute this Agreement on the person’s behalf. In consideration for the services provided by Washington Farms, Inc., its successors and assigns, principals, parent entities, landowners, managers, directors, officers, members, employees and agents, and representatives (collectively, “Washington Farms”), I agree as follows:

Understanding and Assumption of Risks: I understand that there is risk inherent in entering the farm, fields, structures, buildings, and property, participating in or watching harvesting agricultural products and agritourism activities, engaging in any activities on the property as participant, and viewing or watching activities as a spectator. I understand that I am assuming the risk of participating in this registered agritourism activity and any other activity on the property. I understand that these risks include, but are not limited to, injury, serious bodily injury, or death related to variable conditions in terrain, crops, landscaping, trees, soil, grass, weeds, uneven surfaces, debris, animals, agricultural equipment, recreational equipment, adverse weather, games, attractions, inflatables, ropes courses, rock walls, obstacle courses, cables, swinging beans, cable bridges, tire walks, wooden stepping blocks, falls, trips, slips, jumping pillows, jump pads, Mega Slides, ziplines, landing pads, wooden poles, equipment failure, collisions or accidents with other persons, objects, or animals, running, jumping, bouncing, mining, sliding, swinging, spinning, throwing, catching, hitting, shooting, lifting, riding, climbing, grabbing, balancing and crawling, and any other condition on the property. I understand I am responsible for the control and supervision of my child(ren), any person for whom I am the legal guardian, or any person who requires a legal guardian whom I have undertaken to bring to or supervise at Washington Farms. I understand that Washington Farms is not an insurer of the safety of every person and cannot guard against every possible hazard. I understand that some activities are not intended for persons with certain medical conditions for safety purposes and I am responsible for determining whether I am fit to participate in or watch an activity.

Waiver and Release: Washington Farms shall not be liable for any injury to or the death of any person resulting from the inherent risks of harvesting agricultural products, and, neither the undersigned nor the undersigned’s representative shall make any claim against, maintain an action against, or recover from Washington Farms, or any other person or entity for injury, loss, damage, or death of any participant or spectator resulting from any of the inherent risks of harvesting agricultural products and any other activity on the property. I hereby waive all liability against Washington Farms for any injury caused by the inherent risk associated with agritourism and any other activity on the property.

Safety Rules: I hereby acknowledge and understand that each and every activity, structure, and building at Washington Farms has individual rules and regulations that I am to strictly follow. I understand that not every activity is supervised. I hereby agree to follow all signage, rules, and regulations and understand that the failure to follow any of these rules or directions Farms could result in injury, damages, or losses, including death.

Indemnification: I agree to indemnify, hold harmless, defend Washington Farms from and against any and all causes of action, claims, demands, losses, damages, and/or legal action by myself, successors, heirs, and representatives arising out of or in any way relating to my use of or presence at the property or the services provided. I agree to reimburse Washington Farms for any fees and costs incurred due to legal action related to myself, my child(ren), any person for whom I am the legal guardian, or any person who requires a legal guardian whom I have undertaken to bring to or supervise at Washington Farms. I agree to indemnify the Washington Farms for claims of others arising out of my conduct at the property.

Venue and Choice of Law: This Agreement shall be interpreted in accordance with the laws of the State of Georgia. Any disputes arising out of this Agreement shall be brought in the County of Oconee in Georgia.

This Agreement contains the entire agreement and supersedes any and all prior agreements, understandings, and discussions. If any provision of this Agreement is declared or determined by any court of competent jurisdiction to be wholly or partially invalid or unenforceable, the remaining provisions shall not be affected thereby and the unenforceable provision shall be deemed not to be a part hereof. I understand and agree that by signing this Agreement, I am forever releasing and waiving any light right I may have to recovery damages or losses from Washington Farms. I have read this entire Agreement, understand it, and Agreed to be bound by its terms and conditions.