FULL GENERAL RELEASE AND LIABILITY WAIVER
As consideration for being allowed to use or enter upon the land, lakes, ponds, fields, groves, facilities, and buildings (collectively, “Farm”) of Cherrylake, Inc., M&V, LLC and IMG Enterprises, Inc. and its subsidiaries, (collectively, “Cherrylake”) and/or participate in any program and/or event on the Farm, I hereby make the following acknowledgments and agreements:
- I understand that my use of the Farm may involve inherent risks of property damage and/or personal injury to me, to others under my supervision or control, or to others who accompany me. Such risks may arise from natural or manmade hazards, known and unknown, which may exist on the Farm’s property. Such risks may also arise from the presence of other persons on Cherrylake's property. By my signature, I acknowledge and assume all such risks and hazards and execute this release as to all such risks and hazards, EVEN AS TO SUCH RISKS AND HAZARDS AS MAY BE THE RESULT OF THE NEGLIGENCE OR RECKLESSNESS OF THE CORPORATIONS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, OR AGENTS. I AGREE TO BE SOLELY RESPONSIBLE FOR MY OWN SAFETY AND TO TAKE EVERY PRECAUTION TO PROVIDE FOR MY OWN SAFETY AND WELL-BEING WHILE ON OR USING CHERRYLAKE’S FARM.
- I understand that by signing this Waiver I assume all risks associated with my use of the Cherrylake’s Farm. I release Cherrylake and their successors, assigns, officers, directors, employees, managers, and agents from all liability arising from such use. This release of liability shall extend to all claims of any kind involving or relating to property damage, bodily injury, or death suffered or sustained by myself or any other person.
- I hereby waive any right I might have to make claims or bring legal proceedings against Cherrylake or their successors, assigns, officers, directors, employees, managers, or agents for any personal injury or property damage sustained by me, any person under my supervision and control, or any person who accompanies me onto the property of the Corporations. THIS WAIVER EXPRESSLY EXTENDS TO ALL CLAIMS THAT MAY RESULT FROM THE NEGLIGENCE OR RECKLESSNESS OF CHERRYLAKE OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, OR AGENTS.
- I agree to indemnify, defend, and hold harmless Cherrylake and their successors, assigns, officers, directors, employees, managers, and agents from any costs, liabilities, and attorneys’ fees which may be incurred by it in any claim or legal proceeding I might bring in contravention of this Waiver or in any such claim or legal proceeding brought by a person who is under my control or supervision or who has accompanied me onto Cherrylake’s property. I further agree to indemnify and hold harmless Cherrylake and their successors, assigns, officers, directors, employees, managers, and agents from any costs, losses, damages, and attorney's’ fees (collectively, “Damages”) suffered or incurred by Cherrylake or incurred by or to any persons or property located in or on the Cherrylake Farm, and which Damages arise in any way out of my presence in or on the Cherrylake Farm, or the presence of any persons under my control or supervision, or others who have accompanied me onto or into the Cherrylake Farm which Damages arise from my acts or omissions or the acts or omissions of any such persons.
- I grant permission for myself and my child(ren) to be photographed, or their images recorded for print or electronic use in promoting Cherrylake. I understand that it is my responsibility to update this form in the event that I no longer wish to authorize the above uses. I agree that this form will remain in effect unless revoked. I understand that there will be no payment for me or my child’s participation in this release.
- If any provision of this Waiver is ruled to be invalid or illegal, such ruling shall have no effect upon the remaining provisions, which shall be considered legally binding and given full effect.
- By signing this release, I acknowledge and represent that:
a. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed;
b. No oral representation, statements or inducements, apart from the foregoing written agreement, have been made;
c. I am at least eighteen (18) years of age and fully competent; and
d. I execute this Release for full, adequate and complete consideration fully intending to be bound by the same.
Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss 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, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.