ACKNOWLEDGMENT, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENTACKNOWLEDGMENT, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
WHEREAS, JK Community Farm, a Virginia corporation, is the owner of the property located at 35516 Paxson Road, Purcellville, Virginia 20132 (“Property”); and
WHEREAS, the Property is a farm or ranch used for the production, cultivation, growing, harvesting or processing of agricultural products and related agritourism activities (collectively, “Agritourism Activities”) which will be donated to charitable organizations; and
WHEREAS, the undersigned has volunteered to assist or participate in the Agritourism Activities on the Property; and
WHEREAS, the undersigned recognizes that there are inherent risks of Agritourism Activities, including, but not limited to, hazards, conditions, dangers and risks of injury inherent to land, equipment, vegetation and animals as well as the potential for the undersigned to act in a negligent manner that may contribute to injury or death; and
WHEREAS, notwithstanding the foregoing risks, the undersigned agrees that as a condition of entering the Property and participating in the Agritourism Activities he/she is assuming all associated risks.
NOW THEREFORE, in consideration of being allowed access onto the Property and participating in the Agritourism Activities on the Property, and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the undersigned agrees as follows:
- I recognize that there are certain inherent risks associated with the Agritourism Activities, and I assume full responsibility for personal injury to myself and, if applicable, to my minor children or family members, and I further release and discharge JK Family Farm, its shareholders, affiliates and agents, for any damages or loss from injury, loss or damage arising out of my or my children or family’s participation in the Agritourism Activities , or presence upon the Property, whether caused by the fault of myself, my family, JK Family Farms, or third parties.
- I agree to indemnify, defend and hold harmless JK Family Farms against all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees and other costs which may in any way arise from or be related or pertain to my, my children’s or my family’s participation in the Agritourism Activities, or presence upon, the Property.
- I have read this document and understand it. I further understand that by signing this document, I voluntarily surrender certain legal rights.
This Acknowledgement, Waiver, Assumption of Risk, Indemnification and Hold Harmless Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia.
- If any provision of this Acknowledgement, Waiver, Assumption of Risk, Indemnification and Hold Harmless Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Acknowledgement, Assumption of Risk Indemnification, and Hold Harmless Agreement.