HollyDay Farms Waiver

EveryDay is a HollyDay, LLC, DBA HollyDay Farms & Holly C. Tidwell

1712 Ruben Rd. Monroe, NC 28112

FISHING & EVENT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

Questions: Text Holly at 980-328-8307

Email *

Adult Name: 

(each adult entering the farm must sign their own waiver after they have made their payment)

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Mobile Phone Number:  *
Date of Arrival: *
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Please read and be certain you understand the implications of signing. By participating in ANY activity at HollyDay Farms (HDF), you choose to do so on your own responsibility.  You will not be able to sue HollyDay Farms or any of its affiliates, subsidiaries, or parent companies and each of it’s owners, employees and agents, or anyone else directly or indirectly connected to HollyDay Farms.  Please also be aware of the following rules while at HollyDay Farms:

No glass or bottles.

No loud music or noise.

Children must be supervised at all times.

No swimming allowed.

I agree not to drink alcohol while at the pond, or come to the pond impaired.  I understand that the police will be called if I cause a disruption.

No pets.

No grilling, bbq’s or campfires.

No fighting.

No littering, please pick up after yourself.

I agree not to take any fish home.

We reserve the right to deny entry at our discretion.

No refunds will be given.

No weapons allowed on property.

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Required
I acknowledge that my admission to HollyDay Farms is valid from the time I arrive until sunset. In the event of lightning, I agree to either wait in my vehicle for 20 minutes after the last visible lightning strike or audible thunder, or temporarily leave and return after the storm passes—provided it is still before sunset. All guests must leave the property by sunset.   *
Required

I hereby grant full permission to HDF to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation on the farm, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of HDF. 

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I agree to wearing shoes appropriate for strenuous physical activity involved at HDF; and dressing in conjunction with the weather. I agree that the Releases are not responsible for any personal items or property lost or stolen before, during, or after my time at HDF. I attest that I (or my child) am medically and physically able to participate in activities at HDF. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me (or my child), without refund, should my (or my child’s) behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind. 

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Required
I understand the risk of injury from the activity and weapons used in /fishing is significant including the potential for permanent disability and death. *
Required
I understand that there may be muskrat holes that I could step in, snapping turtles that could bite me, geese that could attack, fire ant hills and any injury related to being on a farm.  I release HDF from any responsibility for these types of injuries. *
Required

I release HDF from responsibility of possible equipment failure and/or malfunction of my own or others’ equipment which may have been rented, borrowed or personally owned like a canoe, porta potty, fishing equipment, ect.. I release HDF from my own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of HDF, including but not limited to operator error.

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I release HDF from risk of eating a fish taken from HDF pond, and getting sick, having an allergic reaction, or causing death by ingestion. *
Required
I release HDF from hazards related to fishing from a vessel and/or from other fishing sites (like the gazebo, bridge, island) which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, marine life forms, and/or drowning. *
Required
I release HDF from cold weather and heat related injuries and illness including but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration. *
Required
I release HDF from exposure to outdoor elements, including but not limited to inclement weather, thunder and lightning, severe and/or varied wind, temperature and all other weather conditions. *
Required
I release HDF from any attack by or encounter with insects, reptiles, and/or animals. Including the owner’s pets or unauthorized pets brought onto the farm. *
Required

I release HDF from accidents or illness occurring in remote places where there are no available medical facilities. 

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Required
I release HDF from fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident. *
Required

I release HDF from my sense of balance, physical coordination, and ability to follow instructions. 

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Required
I release HDF from any mental or physical harm that may come to me from being frightened by another person’s actions on the farm. *
Required

I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. Release of Liability, Waiver of Claims and Indemnity Agreement In consideration for being permitted to participate in any way in fishing and related activities, I hereby agree, acknowledge and appreciate that:

I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named person or entities, herein referred to as releasees: EveryDay is a HollyDay, LLC, DBA HollyDay Farms and Holly C. Tidwell. 

To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities. 

By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 

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  I have read, understood, and agree to the waiver above.  My admission fee has been paid. I acknowledge that by checking the box below, this counts as my electronic signature.   *
Required

For participants of minority age (anyone under age 18): 

This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin. 

PLEASE WRITE YOUR MINOR CHILDREN'S NAMES BELOW:

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A copy of your responses will be emailed to .
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