WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I agree to the following Waiver of Liability, Assumption of Risk and Indemnity Agreement (”Agreement”) with Bella Terra Company LLC, a Michigan limited liability company (“Bella Terra Flower Farm”) in consideration and as a condition for allowing me and any minor participants under my supervision entry to participate in any or all of the activities provided at Bella Terra Flower Farm, including but not limited to flower picking, workshops, open houses, yoga, camping or glamping, picnicking and other outdoor recreational activities, which are individually or collectively referred to as the “Activities.”
I enter into this agreement, individually, and on behalf of my children/minor guests and agree all provisions of this Agreement shall apply to them. As used in the Agreement “I” and “my” shall collectively refer to myself, my minor children and any other minors under my legal supervision.
I expressly agree to the following:
1. I have requested to participate in any or all of the Activities.
2. I certify that I, and each minor for which I am the responsible party, do not have any physical condition that would interfere, limit, or preclude my ability or my minor children/guests to participate in the Activities.
3. Assumption of Risks. I understand there are or may be risks associated with the Activities, whether inherent, or due to negligence or carelessness of the persons or the Released Parties, including the terrain, temperature, weather conditions, participation by other people, temperament of animals, and defective equipment or property. Further, I understand that animals may be temperamental and unpredictable. They may bite/nibble if eating or being petted or otherwise touched, that animals may unpredictably push into people causing them to fall or impact other people or structures. I understand participation in the Activities may involve serious bodily injury, including disfigurement and death which may be caused by my own actions, other participants, the conditions, terrain, negligence of the Released Parties and other risks or conditions not readily foreseeable. Knowing this, I fully assume all risks, costs, damages that I may incur by participating in the Activities.
4. Waiver/Release/Indemnification. I, individually and on behalf of my minor children/guests, my heirs, executors, successors, and assigns, hereby voluntarily and fully release, waive, discharge, hold harmless, defend and indemnify Bella Terra Company LLC, it’s owners, members, officers, employees, agents, including independent contractors (collectively “Released Parties”), from, against and for any and all liability, claims, causes of action, damages, costs, fees, and injuries, including, but not limited to, death arising from or in connection with my participation in the Activities, known or unknown, foreseeable or unforeseeable, for whatever reason including negligence. I further agree to indemnify, hold harmless and defend Released Parties from any and all damages, costs or expenses, including attorney's fees and costs which they may sustain in relation to or arising out of my and/or the minor's participation in the activities. I understand that this Agreement may be pled by the Released Parties as a complete bar and defense against claims, demands, or causes of action.
5. Michigan Law. This Agreement is governed by Michigan law and is intended to be as broad and inclusive as possible. This document may only be modified, in writing, signed by an officer of Bella Terra Company LLC. Should any part of this Agreement conflict with Michigan law, only that part in conflict shall be void and the remainder shall remain in full force and effect.
6. Severability. If any provision hereof is found invalid, illegal or unenforceable, the remainder of this Agreement shall remain valid, legal and enforceable according to its terms, and such invalid, illegal or unenforceable provision shall be replaced with a provision that approximates the substance and spirit of the invalid, illegal or unenforceable provision as closely as possible without being invalid, illegal or unenforceable.
7. Parent, guardian. If a participant is a minor, I verify that I am the parent or guardian of the minor and I have authority to enter into this agreement on behalf of the minor and I agree to be bound by the terms of this Agreement.
I have read this Agreement and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or promised and further understand that it is intended to be construed as broadly as possible as a complete and unconditional release of all liability on the part of Bella Terra Company LLC.
By signing this agreement, I acknowledge it applies to me, my children listed and any listed minor guests.
PLEASE ENTER YOUR NAME BELOW. CLICKING "SUBMIT" WILL SERVE AS YOUR SIGNATURE AGREEING TO ABOVE WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
