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Hold Harmless Agreement

 

We can’t wait to see you here at Terra Cultura, whether your visiting for a workshop, volunteering, or just stopping by to say hello! For safety reasons, we’d appreciate if you took a minute to review a few items to make sure that all our visitors stay safe and healthy. See you on the farm!

Hold Harmless Agreement

I acknowledge that I am aware the Terra Cultura (“the farm”, below) is a working farm, with many traits commonly found on farms. Unlike a country club or resort, the farm contains areas with uneven and rough terrain, as well as other unrefined topographical features. I have been advised to stay on paths or walkways to the maximum extent possible. I understand that visiting or staying at the farm may have inherent risks of injury to me personally, any guests I bring onto the farm, and to my equipment, including my vehicle. I understand that I am responsible for the acts of, as well as any injuries to, any children or animals I bring onto the property, and that they are not permitted to wander the grounds unsupervised.

Knowing these facts, in consideration to your acceptance of this agreement, for myself, my heirs, executors, and administrators,

 

  • I hereby acknowledge that it is an express condition of this agreement that Terra Cultura, its owners, officers, agents, employees, contractors, guests, and/or other persons and organizations in any way related to them, as well as their heirs, executors, and administrators (referred to below collectively as “Terra Cultura”), shall be free from any and all liabilities and claims for damages and/or suits for and by any reason of any injuries, including death, to me, my guests, and my heirs, or damage to my property or equipment, including the loss of use, from any cause or causes whatsoever, including negligence, sustained or otherwise occurring while at or related to activities at the farm.
  • I also hereby waive, release, discharge, indemnify, and agree to hold Terra Cultura harmless from all liabilities, charges, expenses (including attorney’s fees) and costs on account of or by reason of any such injuries, death(s), liabilities, claims, suits, or losses, however occurring, or damages growing out of the same.
  • Further, I hereby acknowledge that this release will extend to any accidents, damages, or claims arising out of my participation in any activity or caused by my own acts (or negligence) or the acts of anyone or any animal within my control occurring while at or related to activities on the farm.
  • I further agree that I will defend, indemnify, and hold Terra Cultura harmless against all claims, demands, and causes of action including court costs and attorney’s fees, directly or indirectly arising from any action or other proceeding brought or prosecuted for my benefit contrary to this release and extended to all claims of every kind and nature whatsoever, whether known or unknown. I expressly waive any benefits I may have under Section 1542 of the California Civil Code relating to the release of unknown claims.

COVID-19 Liability

 

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Terra Cultura has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that Terra Cultura can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other players and their families.

  1. I voluntarily seek services provided by Terra Cultura and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my event.

  2. I attest that:  
      • I have not traveled internationally within the last 14 days.
      • I have not traveled to a highly impacted area within the US in the last 14 days.
      • I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
      • I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
      • I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
      • I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
  3. I hereby release and agree to hold Terra Cultura harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the business, or that may otherwise arise in any way in connection with any services received from Terra Cultura. I understand that this release discharges Terra Cultura from any liability or claim that I, my heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Terra Cultura. This liability waiver and release extends to the business together with all owners, partners, and employees.

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