Morning Grit Farm, LLC
ACKNOWLEDGEMENT OF RISK, ACCEPTANCE OF RESPONSIBILITY & RELEASE OF LIABILITY
I, the undersigned, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Morning Grit Farm, LLC and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I or Child ever had or may have arising from or in any way related to my/child’s participation in any events or activities conducted by, on the premises of, or for the benefit of, Morning Grit Farm, LLC provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or want on misconduct.
I understand that the activities on the farm, which may include miniature horse cart rides, pony/horseback rides and lessons, hay wagon rides, farm animal interactions, bounce house, tree house play, slides, swings, zip line, climbing structures, teeter totter, merry-go-round, ninja ropes course, and/or trampoline, that I/children will participate in and that I/children will see are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. I/children will be in direct contact with farm animals that include but are not limited to: horses, goats, cows, sheep, rabbits, cats, dogs, pigs, chickens, among other animals that may not be listed. I understand regardless of training, animals may act of their own free will and bite, kick, scratch, stomp, rear, paw, butt, charge, that could cause injury and/or death. I also understand animals may carry illnesses or diseases, unknown to Morning Grit Farm staff and/or visitors, that can or might be transmitted with human contact and interaction to myself and/or child.
I understand the KANSAS DOMESTIC ANIMAL LIABILITY ACT WARNING states “Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to sections 1 through 4. You are assuming the risk of participating in this domestic animal activity. Inherent risks of domestic animal activities include, but shall not be limited to: (1) The propensity of a domesticated animal to behave in ways, i.e. running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; (2) the unpredictability of a domestic animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons, or other animals; (3) certain hazards such as surface and subsurface conditions; (4) collisions with other domestic animals or objects; and (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the domestic animal or not acting within such participant’s ability.” K.S.A. §60-4002 et. seq. (1994)
I understand that attending a facility in the country, I may come into contact with wildlife such as insects, snakes, birds, rodents, coyotes, raccoons, foxes, hawks, and the like and I acknowledge that my participation in activities on the farm may come with such wildlife interactions. Wildlife may bite, sting, scratch, attack, and I understand such risks and assume all responsibility should I come in contact with wildlife during my visit and I assume all risk associated with any wildlife interaction.
I understand that I may encounter variations in terrain while walking, running, riding the cart, and/or wagon, which may result in injury, personal property damages, or death. I acknowledge the inherent risks involved in such above named activities and I assume the risk for these hazards, including breaks, growth, rocks, pasture holes, and other hazardous surface or subsurface conditions and obstacles, whether they are obvious or not obvious, man-made or natural.
As consideration for being permitted to engage in the activity of miniature horse cart rides, horseback riding, hay rides, farm animal interactions, climbing structures, tree house play, slides, swings, zip line, merry-go-round, teeter totter, ninja ropes course, and trampoline, I do hereby waive any claim, and release all of the animal owners, officers, member, affiliated organizations, landowners, agents, employees, and/or volunteers for any injury or death caused by or resulting from my participation in the my/children’s farm visit. This contract shall be legally binding upon my heirs, my estate, my assigns, my legal guardians, my personal representatives, and myself.
I understand by participating in any activities on the farm, Morning Grit Farm LLC, may take and publish photographs of myself and/or the minor child or children listed below, for use in the Morning Grit Farm LLC’s print, online and video-based marketing materials, as well as other Company publications. I acknowledge that participation is voluntary and that neither I, the minor child, or minor children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other Company publications. I hereby release Morning Grit Farm LLC, its contractors, its employees and any third parties involved in the creation or publication of Company publications, from liability for any claims by me or any third party in connection with my participation or the participation of the minor children listed below.
I understand that this agreement contains a promise not to sue Morning Grit Farm LLC, their members, owners, volunteers, or employees.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE that I/children have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. This waiver remains in effect for ALL future visits to Morning Grit Farm. I understand this waiver will remain on file and I may ask to review it at anytime. I am 18 year of age or older, and/or legal guardian of children, and mentally competent to enter into this waiver.
THIS IS A RELEASE OF LIABILITY. DO NOT SIGN OR INITIAL THIS RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS
*COVID UPDATE: By choosing to attend the party/event held at Morning Grit Farm, I fully understand the owners, employees, and any other guests or visitors of the farm are not liable or held responsible for any possible transmission of COVID 19. I understand due to the contagious disease, there is a possible exposure risk and accept all responsibility of possible exposure for attending this event/party.
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