The Cultured Abalone Farm Tour Liability Agreement
In consideration of the permission granted to myself, individually, and on behalf of those minors listed below, to enter in, onto and across the real property belonging to, or under the control of The Cultured Abalone Farm (“TCAF”), I hereby waive, release, indemnify and discharge TCAF, their agents, owners, officers, employees, and all other persons or entities acting in any capacity on their behalf (“Representatives”), on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that TCAF’s a working Farm and entrance onto a ranch property will entail known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. Said risks include but are not limited to potential exposure to chemicals and equipment used in agricultural operations, non-potable water, dangerous and unstable terrain whether natural or man-made, including beach hazards such as extremely dangerous ocean waves, underwater rocks and outcroppings, rip currents and tides, and unpredictable weather conditions. I understand that the foregoing risks cannot be mitigated or eliminated, and that TCAF does not provide any emergency personnel.
2. Knowing the risks, I nevertheless agree to assume all of those risks and to release in advance TCAF and their Representatives from any and all liability arising out of or connected in any way with my access to TCAF, including all claims which allege negligent acts or omissions on the part of TCAF or their Representatives.
3. I agree to accept and abide by the rules and regulations of TCAF and to the terms and conditions of this agreement.
4. In the event that I file a lawsuit against TCAF I agree to do so solely in the County of Santa Barbara, California and I further agree that the substantive law of California shall apply in that action without regard to any conflict of law rules. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
5. Should TCAF or their Representatives 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.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my time at TCAF, I may be found by a court of law to have waived
my right to maintain a lawsuit against TCAF on the basis of any claim from which I have released them herein.