In consideration for receiving permission to participate in the Tour Program at Forget-Me-Not Farms (the activity), I RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, Powerline Dairy, LLC, d/b/a Forget-Me-Not Farms, the President, Board of Directors, officers, employees and agents (referred to herein as the "Released Parties") 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 anyone under my supervision, custody, or control (collectively referred to as the "Participating Parties"), or any of property of the Participating Parties, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, or otherwise, while participating in the Activity, or while in, on or upon the premises where the Activity is being conducted.
I am voluntarily electing to participate in the Activity with full knowledge that the Activity may be hazardous to the Participating Parties and their property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, which may be sustained by the Participating Parties, or any loss or damage of property owned by the Participating Parties, as a result of being engaged in the Activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASED PARTIES from any loss, liability, damage or costs, including court costs and attorney's fees, that they may incur due to the Participating Parties, participation in the Activity, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES or otherwise. IT IS MY INTENT TO RELEASE EACH OF THE RELEASED PARTIES FROM THE CONSEQUENCES OF HIS OR HER OWN NEGLIGENCE.
It is my express intent that this waiver of liability and hold harmless agreement shall bind the Participating Parties, if alive, and their heirs, assigns and personal representatives, if deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the RELEASED PARTIES.
THIS IS A RELEASE OF LEGAL RIGHTS. BE CERTAIN YOU READ AND UNDERSTAND THIS RELEASE BEFORE SIGNING IT. I HAVE READ AND UNDERSTOOD THIS DOCUMENT AND MY SIGNATURE EVIDENCES MY INTENT TO BE BOUND BY ITS TERMS. YOU ALSO REPRESENT AND INSURE THAT YOU HAVE THE PROPER LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF ALL PARTICIPATING PARTIES.