Please read the following terms and conditions.
WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
WARNING ! Under South Carolina law, an agritourism professional is not liable for an injury to or the death of a participant in an agritourism activity resulting from an inherent risk associated with the agritourism activity. (Chapter 53, Title 46, Code of Laws of South Carolina, 1976).
Please read the following terms and conditions carefully. This is a legally binding release of liability.
I, the undersigned, hereby knowingly and voluntarily agree to act as the representative for my party (including myself, my children, minor guests, and anyone else in my party) and to agree to the following Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”) with Cottle Farms, LLC; Cottle Holdings, Inc. DBA Cottle Strawberry Farm; and Berry and Bloom, LLC DBA Cottle Fun Park (collectively, the “Company”), as a condition for being permitted on the Premises and participating in any activities offered by the Company (including but not limited to the strawberry patch, pumpkin patch, hayrides, fun farm, corn maze, egg hunts, dining, and other special events) located generally at 9560 Garners Ferry Rd., Hopkins, SC (the “Premises”).
1. ASSUMPTION OF RISK I acknowledge that my presence and the presence of my party on the Premises, and our participation in the Activities, involve known, unknown, and unanticipated risks that could result in physical or emotional injury, harm, damage, sickness, or death. I willingly and voluntarily assume all such risks associated with participation, including risks arising from the actions or inactions of other participants.
2. RELEASE OF LIABILITY To the fullest extent permitted by South Carolina law, I hereby forever release, waive, and discharge the Company, its owners, directors, staff, affiliates, successors, assigns, and subsidiaries (the "Released Parties") from any and all loss, expense, liability, claim, or injury arising out of or related to my participation, or my party’s participation, in the Activities. This release and discharge explicitly includes claims arising out of the negligence, recklessness, or other fault of the Released Parties, to the fullest extent permitted by law.
Initial Here: _______
3. INDEMNIFICATION AND HOLD HARMLESS (INCLUDING CLAIMS BY MINORS) I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, expenses (including attorneys' fees), or liabilities brought by or on behalf of myself, my children, minor guests, or any other member of my party arising out of our presence on the Premises or participation in the Activities. This specifically includes my agreement to indemnify the Released Parties should a minor in my party, or someone acting on their behalf, bring a claim against the Company.
Initial Here: _______
4. MEDICAL CONDITIONS AND RULES COMPLIANCE I agree that I and my party shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by the Company. It is my responsibility to evaluate whether any medical conditions impact my or my party's ability to safely participate. The Company shall not be liable for any sickness, injury, or loss of property resulting from participation.
5. FINANCIAL RESPONSIBILITY FOR PROPERTY DAMAGE I understand and agree that I will be held financially responsible for any and all damages to property and equipment caused by me or any member of my party. I knowingly and voluntarily assume this responsibility.
6. GOVERNING LAW AND JURISDICTION I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of South Carolina. This Agreement shall be governed by and interpreted in accordance with South Carolina law. Any claim or cause of action arising under this Agreement may be brought only in the federal or state courts located in South Carolina, and I hereby consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.
[Signature Page(s) to Follow]
SIGNATURE AND ACKNOWLEDGEMENT:
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, THAT IT IS A VOLUNTARY RELEASE OF LIABILITY EXECUTED WITHOUT COERCION, AND THAT IT APPLIES TO ME AND THE SPECIFIC MINORS LISTED BELOW. I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Adult Participant / Guardian Signature:
___________________________ Date: _______________
Printed Name: _______________________
Phone Number: _______________________
MINORS IN PARTY (Under 18 Years of Age) I represent that I have the authority to agree to these terms on behalf of the following minors, and I expressly agree to indemnify the Company against any claims brought by or on behalf of these specific individuals:
Minor Name: ___________________________ Relationship to Signer: ______________
Minor Name: ___________________________ Relationship to Signer: ______________
Minor Name: ___________________________ Relationship to Signer: ______________
Minor Name: ___________________________ Relationship to Signer: ______________ (If more space is needed, please list on the back of this page)
