RELEASE and HOLD HARMLESS AGREEMENT

In consideration of using Simply Natural Creamery(“Agritourism”) and/or participating in any classes or programs offered through the Agritourism, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Simply Natural Creamery and its employees, directors, agents, officers, volunteers, and all other persons or entities acting for them, on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: 

1. I acknowledge that the use of the Agritourism involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage.  Risks include, but are not limited to:  musculoskeletal injuries, broken bones and/or over use injuries; bodily injuries; and head injuries.
2. I expressly accept and assume all of the risks inherent in this activity or that might be caused by the negligence of Simply Natural Creamery.  My participation in this activity is purely voluntary and I elect to participate despite the risks.  In addition, if at any time I believe that conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue use and/or participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Simply Natural Creamery from any and all claims, demands, or causes of action which are in any way connected with my use of the Agritourism, its equipment or facilities, or participation in any programs or classes, arising from negligence.  This release does not apply to claims arising from intentional conduct.  Should Simply Natural Creamery or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while using the Agritourism or participating in any classes or programs, or else I agree to bear the costs of such injury or damage myself.  I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state of North Carolina, and I further agree that the substantive law of North Carolina shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.

By signing this document, I agree that if I am  hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. 

PARENT OR GUARDIAN ADDITIONAL AGREEMENT

In consideration of minors named below being permitted to use the Agritourism, I further agree to indemnify and hold harmless Simply Natural Creamery from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.