Habitera Farms (Home of Very Mulberry)

In consideration of the right to enter the premises, park on the premises, enter the orchard or field to pick any crop, or use any equipment provided to do so, the undersigned for himself or herself, representatives, family and relatives, heirs, for and on behalf of minor children, acknowledges the risks inherent being in a field or orchard, using agricultural equipment, or disregarding rules established to minimize the risk of injury while doing so.

THEREFORE, THE ABOVE SIGNED EXPRESSLY AGREES TO THE FOLLOWING:

1. I agree that I have read and understood the guidelines of use of this property and the safe methods to participate in this activity to pick fruit on this farm.
2. I will use care when walking in the field recognizing that there may be debris, soil or uneven surfaces. I expressly assume the risk of injury arising out of a condition of soil, the trees, or the crops growing from it. I understand that there are inherent risks associated with picking fruit, including but not limited to the risk of falling, being stung by insects or reptiles, or being injured by trees, farm equipment or the actions of others on the farm. I further understand that “Habitera Farms” has taken reasonable steps to mitigate these risks, but that these risks cannot be eliminated. By signing this waiver, I am acknowledging that I am aware of these risks and that I am voluntarily assuming them.
3. I understand that this agreement is intended to be as broad, comprehensive and inclusive as the law of the State of California permits and to cover all possible claims, demands, rights, and causes of action of any kind whatsoever. If any portion of this waiver and limitation of liability is deemed invalid by a court of law, it is agreed that the balance shall continue in full force and effect.
4. THE UNDERSIGNED FOR HIMSELF OR HERSELF, REPRESENTATIVES, FAMILY, RELATIVES OR HEIRS, AND ON BEHALF OF THE UNDERSIGNED’S MINOR CHILDREN, IF ANY, HEREBY ASSUMES THE RISK OF USE OF THE PREMISES AND EQUIPMENT PROVIDED, COVENANTS NOT TO SUE, AND HEREBY AGREES TO WAIVE AND RELEASE ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, AND WRONGFUL DEATH, ARISING OUT OF AND IN ANY WAY CONNECTED WITH THE PARTICIPATION IN THIS FRUIT PICKING ACTIVITY, AND FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS HABITERA FARMS, IT’S OWNERS, INVESTORS, MANAGERS, THEIR AGENTS AND EMPLOYEES, FROM ANY LOSS, LIABILITY, DAMAGE OR COST INCURRED BY THEM.

This waiver is effective immediately. This waiver is governed by and construed in accordance with the laws of the State of California.