Waiver Of Liability And Hold Harmless Agreement
1. In consideration for receiving entry and access to the real estate located at 7800 North Fish Road, Bloomington, Indiana 47408 (collectively, the "Activities"), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Castlebrooke Farms, LLC, its owners, directors, officers, agents, or employees (hereinafter referred to as RELEASEES) 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 the Activities while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OR MORE CULPABLE CONDUCT OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I am fully aware of the risks and hazards connected with the Activities, and I am aware that participation in the Activities may include the risk of injury, and I hereby elect to voluntarily participate in the Activities, knowing that the Activities may be hazardous to my property and me. I understand that Castlebrooke Farms, LLC does not require me to participate in the Activities, and 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 property owned by me, as a result of being engaged in, or being transported to, the Activities, WHETHER CAUSED BY THE NEGLIGENCE OR MORE CULPABLE CONDUCT OF THE RELEASEES or otherwise, to the fullest extent allowed by law.
3. I further hereby AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releasees may incur due to my participation in said Activities, WHETHER CAUSED BY NEGLIGENCE OR MORE CULPABLE CONDUCT OF RELEASEES or otherwise, to the fullest extent allowed by law.
4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Indiana and that any mediation, suit, or other proceeding must be filed or entered into only in Indiana and the federal or state courts of Indiana. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
IN WITNESS WHEREOF, I have signed this Waiver and Agreement under on the date set forth below.
