Participant understands the potential safety risks in visiting the Farm to engage in sightseeing, recreational, agricultural product purchasing or “u-pick” activities, school programs, community service, or other purposes related to farming operations, and hereby waives any claims and releases Host from any and all claims associated with the Farm.
PARTICIPANT’S ASSUMPTION OF RISK AND WAIVER OF CLAIMS
A. HEALTH RISKS. Participant understands and acknowledges that visiting a working farm involves some potential health concerns and involves potential for injury. Such risks are inherent in farm visits, including, but not
limited to, traversing uneven grounds and fields, observing and interacting with live farm animals and livestock, and the ordinary dangers associated with proximity to farm structures, tools, equipment, and vehicles.
An injury risk may also be created by the negligent acts of other visitors to the Farm who fail to follow the Host’s instructions or fail to exercise reasonable caution during their visit to the Farm.
B. REPRESENTATIONS AND WARRANTIES. Participant represents and warrants that I have fully and fairly disclosed
my ability to participate in the above noted activities, and further represent and warrant the following:
a. Participant asserts that s/he does not have any undisclosed chronic physical or mental conditions that would contra-indicate his/her participation in agricultural or agritourism activities; and
b. Participant asserts that s/he possesses sufficient physical fitness and skill to enable safe
participation.
C. PATHOGENS. Host does not guarantee that the Farm activities are safe and free of harmful pathogens.
D. ON AND OFF PREMISES. Participant understands and acknowledges that while he/she is permitted to inspect the premises, there are, or may be risks of harm encountered in visiting or entering the Host’s premises and
working farm, as noted above. Participant also understands and acknowledges that there may be risks of harm encountered while travelling to and entering offsite third-party locations (such as processing plants, a veterinary office, etc.) either on his/her own or accompanied by the Host as needed to fulfill the responsibilities associated with the school program, community service, or other activity related to the Farm visit.
E. AGRITOURISM. Participant understands and acknowledges the following: "WARNING Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity."
F. WAIVER. In addition to the statutory waiver of liability contained in Clause E, by signing this Agreement, Participant hereby knowingly and voluntarily assumes the risk of any and all such harm and also hereby waives
any and all right to make, file, or pursue any and all claims, demands, suits, actions, causes of action, action for damages, or local, state or federal government agency complaints. Participant waives all rights against the
Host’s owners, agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that arise out of or in any way relate to any injury, illness, death, loss or damage caused, in
whole or in part, by (1) participating in farming and agritourism activities during his/her visit to Host’s premises, (2) visiting or entering upon the Host’s premises where animals and farm structures, tools, equipment, and vehicles are located, and/or (3) travelling to and entering offsite third party locations as needed to fulfill the responsibilities associated with the school program, community service, or other activity related to his/her visit to the Host’s premises.
G. Indemnity. By signing this Agreement, Participant shall indemnify Host from any claims, actions, demands, judgments or liabilities, including attorneys’ fees and expenses resulting from, or alleged to result from claims in connection with Participant's involvement in the Farm activities. Potential third-party claims subject to this indemnity provision include, but are not limited to, claims in connection with the Farm activities and the safety of Participant.
H. CLAIMS. In the event that either party to this Agreement seeks to assert any claim against the other party for any reason in connection with this Agreement or the activities of the other party under it, the party asserting the claim shall, within sixty (60) days of learning of the circumstances giving rise to the claim, reduce it to writing (stating the nature of the claim and amount of relief sought) and serve it on the other party. Any claim for
liability under this Agreement not made in compliance with this Paragraph is waived. Service will be deemed complete by delivering the complaint in person to the other party, or by depositing the complaint with the
USPS or other mail carrier, with tracking and signature required.
I. ARBITRATION OF DISPUTES. All disputes, claims, and questions regarding the rights and obligations of the parties under the terms of this Agreement are subject to arbitration. Either party may serve on the other a
written demand for arbitration within ninety (90) days after the dispute first arises. Any demand for arbitration of a claim served in compliance with Clause H above shall be contained within and served with the written
claim. The arbitration shall be conducted by three arbitrators (one appointed by Host, one by Participant and a third by the other two arbitrators) in accordance with the rules of commercial arbitration of the American Arbitration Association. Each party shall pay its own costs in connection with the arbitration, and costs of the arbitrators shall be paid in equal amounts by the parties.
J. EFFECTIVE DATE AND DURATION. This Agreement shall be effective upon execution and shall continue in effect until revoked in writing by either of the parties.
MISCELLANEOUS
K. CONSTRUCTION. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and neutral gender; the singular, the plural; and vice versa.
L. GOVERNING LAW. This Agreement is being executed and delivered in the State of North Carolina and shall be construed in accordance with and governed by the laws of North Carolina.
M. SEVERABILITY. If, for any reason, any provision or provisions of this Agreement are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation or affect those portions of this Agreement which are valid.
N. NOTICE. Any notice required by this Agreement shall be in writing and served by registered mail (return receipt requested) to the recipient’s address shown on this Agreement or contained in the Host’s business
records. Receipt shall be effective as of the day after mailing.
O. CAPTIONS. The captions of sections and subsections contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
P. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties and may not be modified or amended except in writing signed by both parties.
Q. WAIVER. No assent or waiver, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding breach.
R. ASSIGNMENT. This Agreement and each of its provisions shall inure to the benefit of and be binding upon the parties, their successors and permitted assigns.
S. Heirs, Successors, and Assigns. Each of the terms of this Agreement is binding upon the parties and their respective heirs, legal representatives, successors, and assigns.