Jack's Solar Garden & Sprout City Farms Release, Waiver, and Indemnity Agreement

Event:  Tours, Volunteer Days, Special Events, and Research Activities at Jack’s Solar Garden (“Event”)

This Release, Waiver, and Indemnity Agreement (“Agreement”) must be signed by all participants in the Event hosted by Jack’s Solar Garden LLC, a Colorado limited liability company (“JSG”) and Sprout City Farms (“SCF”) prior to participation in the Event.  

In consideration of participation in the Event, I, the undersigned adult over the age of 18 years, and/or the minor(s) for whom I am the parent or legal guardian (collectively referred to as “I,” “me,” or “my) acknowledge and agree as follows:

1. I am participating in the foregoing Event and related activities on my own accord. I give this release and waiver freely and knowingly and I represent and warrant to JSG and SCF that I do hereby assume responsibility for my own well-being at the Event and related activities. 
2. I recognize and understand that JSG owns and operates a solar array (the “Solar Array”) and a pollinator habitat (the “Habitat”) at the Event location.  I understand that the Solar Array generates electricity.  I understand that there are bees and other pollinators at the Event location.  I further understand that the equipment comprising the Solar Array and Habitat is costly and delicate.
3. I recognize and understand that there are risks, hazards, and dangers in participating in the Event and being physically present at the Event location, inherent and otherwise, and that my participation and interaction could result in injury, permanent disability or death, or damage to myself, JSG property, or third parties.  The risks involved in such participation and interaction include, without limitation: (a) hazards in moving in, about, and around the Event and Event location; (b) falling, tripping, or slipping; (c) collision with objects, people, equipment, or structures; (d) the condition of the Event location (including, without limitation, uneven walking surfaces, stairs, inclines, the energizing of the Solar Array, the presence of pollinators due to the Habitat, and conditions resulting from the conduct, including negligent conduct, of other Event participants, visitors, and JSG staff); (e) aggravation of preexisting conditions (including, without limitation, allergic reactions); (f) mental stress and anxiety; and (g) the possibility of exposure to the 2019 novel coronavirus (COVID-19) or other infectious disease.  These and other risks are inherent in my participation and interaction in the Event and I understand that such risks cannot be eliminated without changing the nature of the Event.  I understand that my participation and interaction is voluntary and that I am entering the Event and remaining at the Event location at my own risk.  UNDERSTANDING THESE RISKS AND DANGERS AND THAT OTHER RISKS MAY BE ENCOUNTERED, I EXPRESSLY ASSUME ALL RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I MAY INCUR ASSOCIATED WITH THE EVENT PARTICIPATION AND INTERACTION, BOTH KNOWN AND UNKNOWN, INHERENT AND OTHERWISE, AND WHETHER OR NOT DESCRIBED ABOVE.
4. Release of claims: I hereby expressly waive any and all rights or claims I may have as a result of participation in this Event against JSG, its members, managers, employees, contractors, agents, and representatives and SCF, its present, past and future predecessors, successors and affiliated and related companies and instrumentalities, and their respective partners, shareholders, commissioners, directors, officers, employees, agents, insurers and attorneys (each, a “Released Party”), and I hereby fully release and discharge them from any and all claims resulting from injuries, including death, damages or loss, causes of action, suits and liabilities of every kind and character, including all expenses of litigation, court costs, and reasonable attorneys’ fees, arising out of or relating to the Event or my participation or interaction therein which may accrue to me or my heirs arising out of or in any way connected with my participation in the Event and related activities.  I further agree to indemnify, defend and hold harmless the Released Parties from any and all claims resulting from injuries, including death, damages or loss, which may accrue to me or my heirs arising out of or in any way connected with my participation in the Event and related activities.  My obligation to indemnify the Released Parties includes any claim, liability, or cause of action by third parties, including other visitors, related to my participation in the Event, and specifically includes any damage or injury to the Solar Array or Habitat.  I hereby agree that this Agreement shall be binding upon  and enforceable against me, my personal representatives, spouse, assigns, heirs and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Agreement be enforceable to the fullest extent permitted by law. 
5. Authorization to use photographs: I agree and consent that JSG and the SCF may copyright and/or use and/or publish any motion pictures, still photographs, videotape recordings, magnetic tape recordings, and written materials, made or taken during this event, in any form, style, or color, together with any writing and/or other advertising and/or publicity material in connection therewith, including use of my name, as they may select. This consent and release is given by me without limitations upon any use for projection, playback, reprints, rerun, broadcast, telecast, internet or publication of any kind, including advertising and publicity connected therewith. I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that has been taken of me, or the use to which it may be applied. I hereby acknowledge that SCF and JSG will own all rights to the photographs irrespective of the form or media into which they are produced or used.
6. If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Agreement to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Agreement shall continue from this date forever. This document constitutes the entire agreement between me and JSG and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.