WAIVER OF LIABILITY, INDEMNIFICATION, and HOLD HARMLESS AGREEMENT
While we make every attempt to provide a safe and enjoyable environment, we require that all farm visitors be informed of the potential risks inherent to farming and agritourism activities.
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 The Grovestead, 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 The Grovestead, located in Northfield, Minnesota, their agents, volunteers, or employees (hereinafter referred to as FARM) 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 FARM.
Assumption of Inherent Risks: I acknowledge that the operation of equipment, harvesting of produce, behavior of any animal, and customary agricultural or agritourism activities conducted at a farm is contingent to some extent upon the ability of the operator and 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;
- repetitive movements (such as cultivating or picking produce), and exposure to outdoor weather conditions;
- the potential of any participant or spectator to act in a negligent manner that may contribute to injury to the participant or others.
I understand that FARM 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 FARM or otherwise, to the fullest extent allowed by law.
Use of Substances: I am fully aware that illegal substances, smoking, and alcoholic beverages are not permitted on the property or during any activities. I fully agree to abide by this rule. If I do not abide by this rule, I surrender my permission to be on FARM and agree to leave the property immediately.
Indemnification: I also AGREE TO INDEMNIFY AND HOLD HARMLESS the FARM from any loss, liability, damage, or costs, including court costs and reasonable attorneys’ fees that FARM may incur due to my participation in said activities, whether caused by FARM’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 FARM 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).
Rules & Safety Equipment – I agree to abide by the rules and regulations established by FARM; and I acknowledge that the FARM is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that I am incapable of safely meeting the rigors of the activity. I accept the FARM’s right to take such actions for the safety of myself, other participants, and/or the animals on the premises.
This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. Any action brought under this Agreement shall be brought within one (1) year of the incident or dispute giving rise to said claim in a court of competent jurisdiction in Rice County. I further agree that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in agricultural or agritourism activities from a list acceptable to the FARM. Costs of mediation shall be shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees and reimbursement of any mediation fees.
I also expressly agree that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.