TERMS & CONDITIONS
The undersigned Participant/Spectator/Visitor/Guest (collectively “Participant”), on his/her own behalf and as the Parent(s)/Legal Guardian(s) of a minor Participant, for good and valuable consideration, agrees to the following terms and conditions of this Release, Waiver, Hold Harmless, and Indemnification Agreement (“Agreement”):
IOWA CODE CHAPTER 673A
You are visiting a working farm as a participant who is either observing or contributing to the success of farming activities. Under Iowa law you are assuming liability for any hazard that you may encounter. A hazard includes inherent risk of participating in a farming activity or disregarding written or verbal instructions. Farming includes dangerous conditions present on land and in structures, unpredictable behavior of farm animals, dangers associated with the operation of equipment and machinery, and potential wrongful acts of another visitor. Be careful.
1. Assumption of Risk and Waiver: Participant understands and accepts the risks of attending "Three Pines Farm", from the natural environment, risks inherent to the specific event itself, and/or being around domesticated farm animals (as defined below), as well as merely being near any domesticated farm animal, include, but are in no way limited to: (i) The propensity of a farm animal to behave in ways that may result in injury, harm, or death to persons on or around them (i.e. jump, run, kick, buck, bolt, spin, rear up, strike, bite, spit, etc.); (ii) The unpredictability of an farm animal’s reaction to sounds (i.e. machinery, equipment, vehicles, doors, snow and ice falling, rain, wind, thunder, voices, animals, fireworks, guns, motors, etc.), sudden movement, and unfamiliar objects, persons, other animals (i.e. loose or contained dogs, wild and domestic animals, etc), or other things (i.e. fences, gates, poles, cones, flowers, water, etc., and training devices such as harnesses, catch rods, ropes etc.); (iii) Certain hazards such as surface and subsurface conditions; (iv) Collisions with other animals or objects; (v) The potential of a Participant to act in a negligent manner that may contribute to injury to Participant or others, such as failing to maintain control over the animal, or not acting within his or her ability may contribute to or cause injury to Participant. Participant agrees that engaging in farm animal activities under this Agreement includes, but is in no way limited to, the Iowa Equine Activity Liability Act, as well as training, exercising, petting, holding, leading, transporting, feeding, watering, bathing, watching, or transporting farm animals, or assisting with any of these activities at 9611 Wagner Road, Cedar Falls, IA, (“Three Pines Farm”), whether for a limited or extended period of time, and otherwise interacting with or merely being in the vicinity of farm animals for any visit/booking/rental/event at Three Pines Farm.
Participant understands the injuries, death, loss, and property damage that may result from the accepted risks of engaging in activities at "Three Pines Farm". Uneven terrain, vehicles, old buildings, risks from being out in nature, farm animal activities, or just being near a farm animal are accepted risks, and that farm animals are powerful and have the potential to be dangerous, even without warning. The risks listed in this Agreement are just a sampling and Participant is not relying on Released Parties (as defined below) to list all possible risks present or possible at "Three Pines Farm". Participant therefore agrees, on his/her own behalf and on behalf of his/her minor Participant, that he/she understands and agrees to assume the risks and dangers inherent in visiting/attending Three Pines Farm, and agrees to at all times to be responsible for Participant’s personal safety, remain financially responsible for Participant’s medical expenses and lost value, and waives Participant’s right to any claims arising from participation in or observation of any activities at Three Pines Farm, being near a farm animal, or merely being present on property owned, leased, rented, borrowed, visited, organized upon, or otherwise occupied or utilized by Kara Grupp, Kathryn Grupp, Jim Grupp, Jama Grupp Johnson, and/or their respective officers, directors, owners, employees, independent contractors, spouse, heirs, trustees, beneficiaries, assigns, agents, volunteers, guests, visitors, invitees, boarders, and others acting on their behalf, (collectively “Released Parties”).
2. Release, Hold Harmless, Indemnification: Participant agrees to release, hold harmless, and indemnify the Released Parties for any and all illness, injury, death, damage, and/or any and all other claims or losses of any kind or nature (collectively “Loss”) incurred by Participant, Participant’s minor Participant, \ or third party, whether caused by Participant directly or indirectly, even if caused in whole or in part by the negligence or any other fault of the Released Parties, except willful and wanton misconduct. Participant agrees to reimburse Released Parties for their attorneys’ fees and costs incurred to defend against any such claims. Participant agrees to INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE "Three Pines Farm" and associated persons of "Three Pines Farm" from any and all liabilities or claims made as a result of participation in of any activity, visit, or stay at "Three Pines Farm", whether caused by negligence or otherwise.
I acknowledge that my visit to Three Pines Farm may carry with it the potential for death, serious injury, illness, and personal loss. The risks may include, but are not limited to, those caused by uneven terrain, facilities, temperature, weather, other participants, equipment, vehicular traffic, or actions of other people or animals.
3. Governing Law and Time Limitation: The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. The Parties agree that this Release intended to be as broad and inclusive as permitted by the laws of the state of Iowa, and shall be construed and enforced in the accordance with the laws of the State of Iowa. The Parties submit to this jurisdiction and venue for these purposes. Participant agrees that any claims for Loss of any kind by Participant against the Released Parties, must be brought within ninety (90) days of the date they accrue and any claim for personal property Loss, is limited to $100.00 (One Hundred Dollars).
4. Attorneys' Fees: Participant agrees to reimburse Released Parties for any and all attorneys' fees and costs he/she/it incurs in enforcing the terms of this Agreement and/or in defending or prosecuting any claims or causes of action involving or in any way relating to Participant.
5. Notice: Participant understands and agrees that the Released Parties and associated Facilities ("Three Pines Farm") are specifically non-professional and that the Released Parties are not domesticated animal professionals. For the purposes of limiting the liability of the Released Parties, Participant shall extend the same liability limitations found in, but not limited to, Iowa Code Chapter 673 applicable to domestic animal professionals to the Released Parties. As such, consistent with Iowa Code Chapter 673.3:
WARNING: Under Iowa law, a domesticated animal professional is not liable for damages suffered by, an injury to, or the death of a participant resulting from the inherent risks of domesticated animal activities, pursuant to Iowa Code chapter 673. You are assuming inherent risks of participating in this domesticated animal activity. A number of inherent risks are associated with a domesticated animal activity. A domesticated animal may behave in a manner that results in damages to property or an injury or death to a person. Risks associated with the activity may include injuries caused by bucking, biting, stumbling, rearing, trampling, scratching, pecking, falling, or butting.
Domesticated animals may react unpredictably to conditions, including, but not limited to, a sudden movement, loud noise, an unfamiliar environment, or the introduction of unfamiliar persons, animals, or objects. The domesticated animal may also react in a dangerous manner when a condition or treatment is considered hazardous to the welfare of the animal; a collision occurs with an object or animal; or a participant fails to exercise reasonable care, take adequate precautions, or use adequate control when engaging in a domesticated animal activity, including failing to maintain reasonable control of the animal or failing to act in a manner consistent with the person's abilities.
6. Participant Certification: Participant certifies that he/she has read this entire Agreement and understands, agrees, and intends on his/her own behalf, and on behalf of his/her minor Participant, spouse, heirs, agents, representatives, relatives, successors, and assigns, to be bound by all of the terms and conditions contained herein.
7. Effect of This Agreement – Participant understands and acknowledges that by signing this Agreement the Participant has given up certain legal rights and/or possible claims which Participant might otherwise assert or maintain against the Released Parties and other persons, entities, including specifically, but not limited to, rights arising from or claims for the acts or OMISSIONS, negligent in any degree, of the Released Parties, and all other persons or entities.
Participant understands and acknowledges that by initiating and/or signing this Agreement, Participant has assumed responsibility and legal liability for the claims or other legal demands, including defense costs, which may be asserted by other third parties against the Participant as a result of the Participant’s activities at Three Pines Farm. Participant understands that this is the entire Agreement between Participant and the Released Parties, their heirs, successors or assigns. I understand and agree that all terms and conditions of this RELEASE, WAIVER, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT is binding upon myself, as well as my minor Participant(s).
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I AGREE TO IT ON MY OWN FREE WILL.