Release of Liability

CHERRY HILL FARMS, INC.

FARM PARTICIPATION AGREEMENT, ASSUMPTION OF RISK & RELEASE OF LIABILITY

19125 Apricot Lane, Caldwell, ID 83607

By signing, or electronically accepting this Agreement, I acknowledge that I am voluntarily entering the property of Cherry Hill Farms Inc. ("Cherry Hill Farms") and participating in or attending its corn maze, fall festival, agricultural activities, attractions, events, and other activities offered on the property.

  1. AGREEMENT TO FOLLOW RULES AND DIRECTIONS

I agree to observe and obey all posted rules, warnings, instructions, and safety requirements. I further agree to follow all reasonable oral instructions or directions given by Cherry Hill Farms and its owners, officers, employees, agents, volunteers, contractors, and representatives.

I understand that Cherry Hill Farms may refuse admission to, remove from the property, or restrict the participation of any person who violates safety rules, creates a danger to themselves or others, or fails to follow reasonable instructions.

  1. DESCRIPTION OF ACTIVITIES AND RISKS

I understand that Cherry Hill Farms is an active agricultural property and that participation in any event or activity on a farm involves risks that may not be completely eliminated without changing the nature of the activities.

I understand and voluntarily assume the risks associated with my participation in, or presence at, Cherry Hill Farms, including, but not limited to:

  • Uneven, rough, muddy, wet, slippery, or unstable ground;
  • Holes, depressions, rocks, roots, ruts, irrigation equipment, and other ground conditions;
  • Corn stalks, plants, branches, and other vegetation;
  • Tripping, slipping, falling, or losing balance;
  • Collisions with other participants or objects;
  • Reduced visibility, darkness, or nighttime conditions;
  • Becoming separated from members of my group or temporarily becoming lost within the corn maze;
  • Insects, bees, wasps, ticks, rodents, and other wildlife;
  • Agricultural activities, farm equipment, machinery, vehicles, and other farm-related hazards;
  • Hay, straw, tractors, trailers, hayrides, and other agricultural or festival attractions, where applicable;
  • Weather conditions, including heat, cold, rain, wind, lightning, and rapidly changing weather;
  • Fire, smoke, flames, or fire-related activities, where applicable;
  • Food, beverages, food preparation, and consumption-related risks;
  • Recreational equipment, games, attractions, and activities;
  • The actions or negligence of other guests or third parties;
  • The possibility of personal injury, illness, disability, death, or property damage; and
  • Other risks inherent in agricultural, recreational, outdoor, and fall-festival activities.

I understand that this list is not exhaustive and that there may be other risks that are not specifically identified.

  1. ASSUMPTION OF RISK

I knowingly and voluntarily assume all risks associated with my participation in, or presence upon the Cherry Hill Farms property, and understand that accidents and injuries can occur even when reasonable safety precautions are taken.

I understand that I am responsible for deciding whether an activity is appropriate for me and for supervising any children or minors in my care.

  1. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, I release and discharge Cherry Hill Farms Inc., its owners, officers, directors, employees, agents, volunteers, contractors, representatives, and affiliated persons or entities from claims for bodily injury, illness, death, property damage, or other loss arising out of or related to my participation in or presence at Cherry Hill Farms' activities or property, including claims arising from the ordinary negligence of Cherry Hill Farms or the persons or entities identified above.

This release applies to claims arising from the risks described in this Agreement and other risks associated with the activities.

Nothing in this Agreement is intended to release or waive claims that cannot lawfully be released or waived under applicable law.

  1. PARTICIPANT RESPONSIBILITY

I agree to participate responsibly and to refrain from conduct that could reasonably endanger myself or others.

I agree to pay for damage to Cherry Hill Farms' property caused by my negligent, reckless, or intentional conduct, or by the negligent, reckless, or intentional conduct of a minor for whom I am legally responsible, to the extent permitted by law.

  1. INDEMNIFICATION

To the fullest extent permitted by law, I agree to indemnify and hold harmless Cherry Hill Farms Inc. and its owners, officers, employees, agents, volunteers, contractors, and representatives from claims, damages, losses, liabilities, costs, and reasonable attorney's fees arising from my negligent, reckless, or intentional acts or omissions, or from the negligent, reckless, or intentional acts or omissions of a minor for whom I am legally responsible.

  1. MINOR PARTICIPANTS

If minors will be participating in Cherry Hill Farms activities, I represent that I am the parent or legal guardian of the minor participants, or otherwise have legal authority to provide consent for their participation.

By signing this Agreement, I acknowledge and agree to the terms of this Agreement on behalf of myself and, to the fullest extent permitted by applicable law, the minor participants accompanying me or participating under my supervision.

I understand that this Agreement is intended to apply to the minor participants attending Cherry Hill Farms events and activities with me throughout the calendar year in which this Agreement is signed.

I have explained, or will explain, the applicable rules and risks to the minor and will exercise reasonable supervision over the minor while at Cherry Hill Farms.

I understand that laws concerning releases and claims by minors may impose limitations on the ability of a parent or guardian to waive a minor's legal rights. Nothing in this Agreement is intended to waive any right that cannot legally be waived.

  1. EMERGENCY MEDICAL AUTHORIZATION

In the event of an emergency, I authorize Cherry Hill Farms and its employees, agents, volunteers, or representatives to contact emergency medical personnel and, when reasonably necessary, to seek emergency medical assistance for me or for a minor in my care.

I understand that Cherry Hill Farms is not responsible for the cost of medical treatment, transportation, or other emergency services provided to me or to a minor in my care.

  1. PERSONAL PROPERTY

I understand that Cherry Hill Farms is not responsible for loss, theft, or damage to personal property, vehicles, clothing, phones, cameras, or other belongings brought onto the property, except to the extent liability cannot legally be excluded.

  1. RESTRICTED AREAS AND PROPERTY ACCESS

I agree to remain in areas designated for guests and to stay out of restricted agricultural, equipment, employee, storage, and other areas marked or identified as off-limits.

Cherry Hill Farms may require any guest to leave the property for violating rules or failing to follow reasonable safety instructions.

  1. GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of Idaho, to the extent permitted by applicable law.

  1. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

  1. ANNUAL WAIVER - MULTIPLE EVENTS AND VISITS

By signing and accepting this Agreement, I understand and agree that this waiver is intended to apply to all events, activities, attractions, and visits that I attend at Cherry Hill Farms Inc. during the calendar year in which this Agreement is signed.

I understand that I do not need to sign a separate waiver each time I return to Cherry Hill Farms or attend a different event during that same calendar year. This Agreement will apply to my participation in all Cherry Hill Farms events and activities that I attend during that year, including, but not limited to, the corn maze, fall festival, agricultural activities, special events, and other recreational activities offered by Cherry Hill Farms.

This Agreement shall remain in effect through December 31 of the calendar year in which it is signed, unless Cherry Hill Farms Inc. provides otherwise in writing or requires a new or supplemental waiver for a particular activity.

I understand that the risks, assumption of risk, release of liability, indemnification, and other terms of this Agreement apply to each of my visits and participation in activities at Cherry Hill Farms during that calendar year.

If I am signing on behalf of a minor, this Agreement likewise applies to the minor participant(s) identified in this Agreement for their visits and participation in Cherry Hill Farms events and activities during that calendar year, to the extent permitted by applicable law.

    1. ACKNOWLEDGMENT AND ELECTRONIC SIGNATURE

    I acknowledge that:

    • I have read this Agreement;
    • I understand the risks associated with the activities and my presence at Cherry Hill Farms;
    • I understand that this Agreement includes an assumption of risk and a release of certain claims, including claims arising from ordinary negligence to the extent permitted by law;
    • I have had an opportunity to ask questions and review this Agreement before accepting it;
    • I am voluntarily agreeing to this Agreement; and
    • I understand that I may choose not to participate if I do not agree to these terms.

    By checking the box below and submitting this form, I affirm that my electronic acceptance is intended to have the same effect as my written signature.