Romeo Farms, LLC Release of Liability
In consideration of the services of Romeo Lavender Farm, I, an adult participant understand, acknowledge, and agree as follows:
Activities and Risks
Romeo Lavender Farm is owned by Romeo Farms, LLC, a Michigan limited liability company (hereinafter “Romeo Farms”). Romeo Lavender Farm is located on the south east corner of Van Dyke and Boardman Rd., Bruce Township, Michigan.
Romeo Farms provides a lavender farm, farm activities, agrotourism, recreational activities, and other activities for the use and enjoyment of its participants, customers, and guests.
Participants in the activities share the responsibility with staff for compliance with safety procedures, including the use of due care. Romeo Farms may deny or terminate participation, or remove visitors from the premises at any time in its sole discretion.
Among the hazards and risks of the activities and use of the premises of Romeo Farms are the following: uneven terrain, falls and abrupt and possibly harmful contact with other persons, encounters with wildlife and insects, consumption of raw or undercooked foods, food allergies, structures and objects (fixed and moveable), and the forces of nature, predictable and unpredictable.
I understand the activities are intensive and participants may experience an increased heart rate and other symptoms of anxiety and stress due to, among other things, physical exertion, and reliance on others. Injuries may include breaks, cuts, bites, scratches, sprains, strains, bruises and other contusions and in extreme cases emotional upset, anxiety and even death. These risks are inherent in the activities and premises of Romeo Farms; that is, without them the experience would materially change and lose its value and appeal. The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered.
Assumption of Risks
I hereby acknowledge the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I expressly assume all the risks of enrollment and participation in the activities and moving about the premises of Romeo Farms.
Release, Defend, Indemnity and Hold Harmless
I agree to release and not to sue Romeo Farms and their respective owners, members, officers, employees, representatives, subsidiaries, affiliates and staff with respect to any and all claims of injury, illness, disability, death, or other loss or damage to person or property suffered by me arising in whole or part from my visit to the premises of Romeo Farms or participation in any of Romeo Farms activity.
In addition, I agree to DEFEND, INDEMNIFY, and HOLD HARMLESS Romeo Farms from any claim of injury, illness, disability, death, or other loss or damage to person or property, brought by me, a co-participant in the activities, a rescuer, a member of my family, or anyone else, arising out of or in any way related to a loss suffered by me or caused by me.
These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of Romeo Farms.
Alcohol Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement
I acknowledge that Romeo Farms does not provide, sell, or serve alcoholic beverages for events held on its premises. Romeo Farms, its owners, operators, employees, agents, and servants are not responsible or liable for any damages to myself or third parties that result from the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
That should I consume alcohol on the property owned by Romeo Farms, I acknowledge that I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
That should I provide alcohol to family, friends, guests, or third parties on property owned by Romeo Farms, I acknowledge that I am solely responsible for any and all damages suffered by myself or third parties as a result of providing alcohol to others to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
That I acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol. I further acknowledge that should anyone under the age of twenty-one (21) consume alcohol on the property owned by Romeo Farms, I am solely responsible for the safety and well-being of that individual. That I am solely responsible and liable for any damages that result from someone under the age of twenty-one (21) consuming alcohol to include, but not limited to, property damage, personal injury, death, or disfigurement to themselves, as well as property damage, personal injury, death, disfigurement, or loss of consortium to third parties.
This waiver extends to any and all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I further agree to defend, indemnify, and hold harmless Romeo Farms its owners, operators, employees, agents, and servants for any and all causes of action, claims, or lawsuits that may result from the consumption of alcohol on their property.
I acknowledge and agree to the following additional provisions:
Romeo Farms does not have medical personnel or treatment available to visitors. I represent that I, have no medical or health condition which might cause me, to be a danger to ourselves or to others. I agree to be responsible for all costs of medical care, including transportation, for myself, I am, covered by adequate medical health insurance to provide for any medical costs that may be incurred.
I consent to the reproduction and use by Romeo Farms and its assigns, of photographs/videos of me without compensation, for advertising or other purposes; and I release Romeo Farms from liability for any violation of any personal and/or proprietary right I may have in connection with such reproduction or use.
I agree that any dispute between a Romeo Farms and a participant will be governed by the substantive laws of the State of Michigan and any dispute with regard to this agreement and any attempted claim/ suit shall take place only in Macomb County. I will pay all costs and attorney’s fees incurred by Romeo Farms defending a claim or suit brought by me (even if the claim or suit is withdrawn) to the extent a court, arbitrator or mediator determines that Romeo Farms is not responsible for the claimed injury or loss.
If any term or provision of this Agreement is held by a court or proper jurisdiction to be illegal, unenforceable, or in conflict with any governing law, the validity of the remaining portions of the Agreement shall not be affected thereby and shall remain in full force and effect.
In the event that participant’s claim is not resolved through mediation, participant hereby agrees to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from participant’s involvement in any activity, and/or any other interaction between the participant and Romeo Farms. Any disputes, including interpretation of this Agreement, shall be resolved by a single arbitrator.
I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTOOD THIS DOCUMENT, AM OF SOUND MIND, HAVE LEGAL AUTHORITY, AND FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I CAN SUFFER INJURY, ILLNESS, DISABILITY, PROPERTY DAMAGE, OR EVEN DEATH BY USING THE PROPERTY in not only the ways described above, but also in ways that are unknown and unexpected, even if I follow instructions or advice. furthermore, I acknowledge that alcohol consumption at Romeo Farm is prohibited