WAIVER OF LIABILITY, INDEMNIFICATION, and HOLD HARMLESS AGREEMENT

Participation Agreement

NOTICE: Under Minnesota law (604A.40), there is no liability for injury, damage or death of a participant resulting from the inherent risks of agritourism activities.

Waiver of Liability: In consideration for receiving permission to participate in events at Stony Meadows Farm LLC, I, on behalf of myself, my family members, my heirs, personal representatives, or assigns, do hereby agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the owners/operators of Stony Meadows Farm LLC, located in Sauk Rapids, Minnesota, their agents, volunteers, or employees (hereinafter referred to as Stony Meadows Farm LLC) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) OF Stony Meadows Farm LLC. 

Assumption of Inherent Risks: I acknowledge that handling of animals and behavior of any animal, and customary agricultural or agritourism activities conducted at a farm is contingent to some extent upon the ability of the participant. Further, I understand that “inherent risks of agriculture activities” shall mean those dangers or conditions which are an integral part of agricultural and agritourism activities, including, but not limited to:

 

  • farming equipment and implements that may result in injury, harm, or death to persons on or around such implements; 

  • dangers of being in fenced-off areas, animal pens, or any other methods to demonstrate that specific areas are off-limits; 

  • the propensity of any animal to behave in unpredictable ways that may result in injury, harm, or death to persons on or around them and/or damage to personal property in their vicinity; 

  • certain hazards such as surface and subsurface objects; 

  • the potential of any participant or spectator to act in a negligent manner that may contribute to injury to the participant or others. 

 

PARTICIPATE AT YOUR OWN RISK

I understand that Stony Meadows Farm LLC does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to personal property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF Stony Meadows Farm LLC or otherwise, to the fullest extent allowed by law. 

Indemnification: I also AGREE TO INDEMNIFY AND HOLD HARMLESS Stony Meadows Farm LLC from any loss, liability, damage, or costs, including court costs and reasonable attorneys’ fees that Stony Meadows Farm LLC may incur due to my participation in said activities, whether caused by Stony Meadows Farm LLC’s ordinary negligence or otherwise, to the fullest extent allowed by law.

Acknowledgements, Assertions, and Agreements: I warrant that a full and fair disclosure of my ability to participate in the above noted activities have been made, and further: 

 

Health Status – I assert that I do not have any undisclosed chronic physical or mental conditions that would contra-indicate my participation in agricultural or agritourism activities; and I possess sufficient physical fitness and skill to enable safe participation. 

 

Emergency Care – I authorize or agree for the administration of emergency first aid as may be deemed necessary; For Stony Meadows Farm LLC to secure emergency medical care or transportation (i.e., EMS) as may be deemed necessary; and to assume all costs of emergency medical care and transportation for myself and/or minor child(ren).