777 Alturas Road           Toll-Free 833-941-0989

Bartow Fl 33830           Email: Contact@ScarsFarm.com



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Express Assumption of Risk, Media and Website Release, Release of Liability, Waiver of Claims & Indemnity Agreement, to use SCARS EVENTS, SCARS ANIMAL SANCTUARY & SCARS FARM



Express Assumption of Risk Associated with Walking and Other Related Activities

 

I an/or my group the undersigned do hereby affirm and acknowledge that I/we have been fully informed of the inherent hazards and risks associated with walking, transportation, animal related to the activities, and traveling to and from sites, in which I am about to engage. Inherent hazards and risks include but are not limited to:

  1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.
  2. Falling, causing broken bones severe injuries to the head, neck, and back which may result in severe impairment or even death.
  3. All “act of nature,” including but not limited to avalanche, rockfall, inclement weather, thunder, lightning, severe and or varied wind, temperature, and other weather conditions.
  4. Risks associated with crossing, climbing, or down-climbing of terrain.
  5. Risks associated with water crossings, fording, or portaging.
  6. Possible equipment failure and/or malfunction of my own or others’ equipment, which may have been, borrowed or personally owned.
  7. My own negligence and/or the negligence of others, including employees, agents, independent contractors, or representatives of including but not limited to operator failure.
  8. Weather and heat-related injuries and illness including but not limited to heat exhaustion, heatstroke, sunburn, and dehydration.
  9. Attack by or encounter with insects, reptiles, bees and/or animals.
  10. Risk or Injury with any activity horses, horse carriage, feeding, interacting with other animals, bees, and or livestock. 
  11. Accidents or illness occurring in remote places where there are no available medical facilities.
  12. Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
  13. My sense of balance, physical coordination, and ability to follow instructions.

 

*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in Injury, illness, or death.

 

Media and Website Release

I understand that on the property I grant permission to Scars Farm, Scars Animal Sanctuary or Scars Events hereinafter known as the “media” to use my image, photo, video/audio,  advertising, web content or film likeness of myself and my family/fellow attendees through any media, including any electronic media to be copyrighted and used for any legitimate purpose by Scars Farm, Scars Animal Sanctuary or Scars Events or its assigns. I hereby waive any right to inspect or approve photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, I waive any right to royalties or other compensation arising from or related to the use of the image 

 

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in any way in walking and related activities, I hereby agree, acknowledge, and appreciate that:

 

  1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as Scars Farm, Scars Animal Sanctuary or Scars Events.
  2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS  the releasees from all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the Releasee’s right to indemnity or incurred on appeal), their officers, directors, employees, representatives, agents, and volunteers, contractors, from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the any activities in the use of the property whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the any activities.
  3. By entering into this Agreement, the undersigned hereby assumes and accepts full responsibility for any and all loss, bodily injury death or property damage caused by any negligent act or omission of Releasees or otherwise. The undersigned expressly agrees that the foregoing release and waiver, indemnity agreement and assumption of risk are intended to be as broad and inclusive as permitted by Florida law and that if any portion thereof be held invalid, notwithstanding, the balance shall continue in full legal force and effect.  I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.

 

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

 

WARNING

 

Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity. Florida Statute 570.89

 

Under Florida law, an equine sponsor or equine professional is not liable for any injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. FL SS Chapter 93-169, Section 773.01



I AND/OR MY PARTY HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, INDEMITY AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT FOR MYSELF MY FAMILY AND ATTENDEES.