PARTICIPANT AGREEMENT
WAIVER OF LIABILITY, INDEMINFICATION, AND HOLD HARMLESS AGREEMENT

Waiver of Liability: In consideration for receiving permission to participate in the U-Pick Spring Flowers and U-Pick Lavender, I, on behalf of myself, everyone obtaining an admission ticket that I purchased or obtain in this ticket order, my family members, my heirs, personal representatives, or assigns, do hereby agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE The Lavender Farm At Sutliff, LLC, 1380 White Oak Ave. NE, Lisbon, IA 52253 in Johnson County, Iowa, members, agents, volunteers, or employees (hereinafter referred to as FARM) 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 such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) OF FARM.

AND that except in the event of the FARM’s gross and willful negligence, I agree, on behalf of myself and all members of the group using FARM admission tickets in this order, not to bring any claims, demands, actions and causes of action, and/or litigation, against the FARM for any economic and non- economic losses due to bodily injury, death, and/or property damage sustained by me in relation to the premises and operations of the FARM.

Assumption of Inherent Risks: My party members and I are fully aware and understand there are inherent risks involved in agricultural and agritourism activities, which risks include, but are not limited to, bodily injury, physical harm and even death to participants and spectators from insect bites and stings, tripping, falling, heat-induced illnesses, dehydration which may occur in normal participation of such activities. I acknowledge that the operation of equipment, harvesting of produce, behavior of any animal, and customary agricultural or agritourism activities conducted at a farm is contingent to some extent upon the ability of the operator and participant. Further, I understand that “inherent risks of agriculture activities” shall mean those dangers or conditions which are an integral part of agricultural and agritourism activities, including, but not limited to:

► operation of farming equipment and machinery that may result in injury, harm, or death to persons on or around such implements;
► dangers of being in areas marked Do Not Enter, Off Limits to Customers, or any other methods to demonstrate that specific areas are off-limits;
► the propensity of any animal (domestic or wild) or insect to behave in ways that may result in injury, harm, or death to persons on or around them and/or damage to personal property in their vicinity;
► the unpredictability of an animal’s or insect’s reaction to such things as sounds, sudden movements and unfamiliar objects, persons, or other animals;
► certain hazards such as surface and subsurface objects;
► fencing, electric fencing, and fence posts may cause an extremely uncomfortable electrical shock.
► exposure to biological, environmental, and chemical hazards;
► hazards related to climbing ladders, repetitive movements (such as cultivating or picking produce), and exposure to outdoor weather conditions;
► limited availability of emergency medical care; and
► the potential of any participant or spectator to act in a negligent manner that may contribute to injury to the participant or others.

I understand that FARM does not require me to participate in this activity. 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 member of my party, or any loss or damage to personal property owned by me or a member of my party, as a result of being engaged in such an activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FARM or otherwise, to the fullest extent allowed by law.

Use of Substances: My party members and I am fully aware that illegal substances, smoking, and alcoholic beverages are not permitted on the property or during any activities. we fully agree to abide by this rule. If any member of my party or I do not abide by this rule, we all surrender our permission to be on FARM and agree to leave the property immediately.

Indemnification: My party members and I also AGREE TO INDEMNIFY AND HOLD HARMLESS the FARM from any loss, liability, damage, or costs, including court costs and reasonable attorneys' fees that FARM may incur due to my participation in said activities, whether caused by FARM’s ordinary negligence or otherwise, to the fullest extent allowed by law.

Acknowledgements, Assertions, and Agreements: My party members and I warrant that a full and fair disclosure of our individual abilities to participate in the above noted activities have been made, and further:

Health Status – My party members and I assert that:
• No one has any undisclosed chronic physical or mental conditions that would contra-indicate my participation in agricultural or agritourism activities; and
• Each party member and I possess sufficient physical fitness and skill to enable safe participation.
Emergency Care – I authorize or agree on behalf of all party members covered by this ticket order:
• For the administration of emergency first aid, CPR, and use an AED as may be deemed necessary;
• For FARM to secure emergency medical care or transportation (i.e., EMS) as may be deemed necessary; and
• To assume all costs of emergency medical care and transportation for myself and/or minor child(ren).
Rules & Safety Equipment –
• My party members and I agree to abide by the rules, policies, and regulations established by FARM;
• I have reviewed all the FARM rules, policies, and regulations with all members of my party, including children of all ages, and
• I acknowledge, on behalf of my party members and me, that the FARM is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that any member of my party or I are incapable of safely meeting the rigors of the activity, we accept the FARM’s right to take such actions for the safety of myself, my party members, other participants, and/or the animals on the premises.

Covenant not to Sue; Mediation; Venue; and Severability Clauses: I covenant not to sue FARM for any present or future claim arising directly or indirectly from my participation at the FARM. This includes claims resulting from the inherent risks of agricultural and agritourism activities and the active or passive negligence of the FARM.

This Agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. Any action brought under this Agreement shall be brought within one (1) year of the incident or dispute giving rise to said claim in a court of competent jurisdiction in the County of Johnson, Iowa. I further agree that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in agricultural or agritourism activities from a list acceptable to the FARM. Costs of mediation shall be shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees and reimbursement of any mediation fees.

I, on behalf of all my party members, also expressly agree that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Iowa and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

IN SIGNING THIS PARTICIPATION AGREEMENT, I ACKNOWLEDGE AND REPRESENT
THAT my party members (represented by all individuals with a ticket from this order) and I fully understand its terms and conditions. I understand that I am giving up substantial rights for myself and all my party members, including any individual’s right to sue FARM for injuries resulting from the inherent risks of agricultural or agritourism activities or the active or passive negligence of FARM. I further acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by FARM, to the greatest extent allowed by the laws of Iowa. My signature also indicates the unconditional release of all liability, including that due to ordinary negligence by FARM for all members of the people in my party, represented by a ticket (paid, free, or discounted), or children brought in free admission without a ticket.

By purchasing the admission tickets, I agree, on behalf of myself and all party members, to the terms and conditions outlined in this document, and acknowledge that they apply to whatever date(s) my party members, or I visit the FARM.

By purchasing the admission tickets, I agree to receive occasional marketing e-mails from the FARM. I can opt-out at anytime.