Waiver and Limitation of Liability

1. General Acknowledgment of Risk

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, and on behalf of minor children or guests under their care or included in their booking, acknowledges the risks inherent in being in a field or orchard, using agricultural equipment, or disregarding rules established to minimize the risk of injury while doing so, including rules related to the Very Mulberry Express people mover and the Bouncy House.

THEREFORE, THE UNDERSIGNED EXPRESSLY AGREES TO THE FOLLOWING:

2. Acknowledgment of Guidelines and Participation

2.1 I agree that I have read and understood the guidelines for use of this property and the safe methods to participate in activities on this farm, including picking fruit, riding the Very Mulberry Express, and using the Bouncy House.

3. Assumption of Risk – Farm Environment and Activities

3.1 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 conditions of the soil, the trees, or the crops growing from it.

3.2 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 bitten by reptiles, or being injured by trees, farm equipment (including the Very Mulberry Express tractor and wagons), or the actions of others on the farm.

3.3 I also understand there are inherent physical risks associated with the Bouncy House, including falls, collisions with other children, sprains, fractures, minor cuts or bruises, and head, neck, or back injuries.

3.4 I certify that I and any minors under my supervision are physically able to participate in farm activities, including fruit picking, riding the Very Mulberry Express, and using the Bouncy House, and do not have any medical conditions that would increase the risk of injury. I understand that participation should be avoided if feeling unwell or under medical restriction.

3.5 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 acknowledge that I am aware of these risks and that I am voluntarily assuming them.

3.6 I understand that the farm is a working agricultural environment and that conditions may change without notice. Surfaces may be uneven, slippery, dusty, muddy, or obstructed, and natural hazards may be present. I accept full responsibility for navigating these conditions safely.

3.7 Farm Safety & Animals

To maintain food safety standards:

Pets are not permitted on the farm
Service animals are welcome in accordance with applicable ADA guidelines
Service animals must be under control at all times
Service animals must be handled in a manner that prevents contact with fruit, trees, or harvest areas
In picking areas, service animals must be carried or remain on designated paths

Guests who cannot comply with these requirements may be asked to leave harvest areas.

4. Bouncy House – Specific Terms

4.1 I agree that participation in the Bouncy House is voluntary. Parents/guardians are solely responsible for supervision and safety of minors at all times and assume all risks and full responsibility for supervision, injuries, or damages.

4.2 Children must adhere to all posted rules, including removing shoes, glasses, jewelry, and sharp objects; prohibiting food, drinks, gum, and rough play; and following all staff instructions.

4.3 Children should not participate if they are currently injured, have neck, back, joint, or bone problems, or are under medical restriction.

4.4 I understand that Very Mulberry Farm is not responsible for lost or stolen personal property.

4.5 I understand that the Bouncy House is an active recreational activity that involves inherent risks, including but not limited to jumping, falling, collisions, and unpredictable movements of other participants. Participation is entirely voluntary and at my own risk.

4.6 I agree that no guarantees are made regarding safety, and I will ensure that all participants follow posted rules and staff instructions at all times.

4.7 I further acknowledge that the Farm does not provide supervision of the Bouncy House area.

5. Media Consent

5.1 I agree to give Habitera Farms the right to use any pictures, videos, or images of all guests while we/he/she/are on the farm in their marketing efforts and on the website.

(Note: This covers the marketing photo/video consent required for the Bouncy House.)

6. Cancellations and Conditions

6.1 In case of adverse weather or fruit shortages, Habitera Farms reserves the right to cancel scheduled events. We are committed to providing rainchecks and timely announcements in such cases, if possible.

6.2 (Note: The Bouncy House will be closed during rain, high winds, power interruptions, or any unsafe conditions determined by staff.)

7. Legal Terms, Waiver, and Indemnification

7.1 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.

7.2 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.

7.3 I authorize Habitera Farms LLC to obtain emergency medical care for myself or any minor under my supervision if deemed necessary. I understand that I am solely responsible for any medical costs incurred as a result of participation in farm activities.

7.4 THE UNDERSIGNED, FOR HIMSELF OR HERSELF, REPRESENTATIVES, FAMILY, RELATIVES, OR HEIRS, AND ON BEHALF OF THE UNDERSIGNED’S MINOR CHILDREN, IF ANY, AND/OR ANY GUESTS OR MINOR CHILDREN UNDER THE UNDERSIGNED’S CARE OR CUSTODY, OR INCLUDED IN THEIR BOOKING, HEREBY ASSUMES THE RISK OF USE OF THE PREMISES AND EQUIPMENT PROVIDED, COVENANTS NOT TO SUE, AND AGREES TO WAIVE AND RELEASE ANY AND ALL CLAIMS, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF HABITERA FARMS, 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 OR IN ANY WAY CONNECTED WITH PARTICIPATION IN THIS FRUIT PICKING ACTIVITY, RIDING THE VERY MULBERRY EXPRESS, OR USING THE BOUNCY HOUSE.

7.5 THE UNDERSIGNED FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS VERY MULBERRY FARM, HABITERA FARMS LLC, ITS OWNERS, INVESTORS, MANAGERS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST INCURRED.

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

7.7 By signing, I acknowledge that I have read, understand, and agree to the safety rules and liability waiver as outlined. This signature confirms my voluntary acceptance and assumption of all stated risks.

Waiver and Limitation of Liability