In exchange for participation in the activity of Picking Apples organized by Apple of Joy and Burke Trust, of 2330 Shalem Colony Trl, Las Cruces, New Mexico, 88007-4933 and/or use of the property, facilities and services of Apple of Joy and Burke Trust, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Apple of Joy and Burke Trust, or the employees, representatives or agents of Apple of Joy and Burke Trust.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Apple of Joy and Burke Trust for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Apple of Joy and Burke Trust, whether caused by the fault of myself, my family, Apple of Joy and Burke Trust or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Apple of Joy and Burke Trust against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Apple of Joy and Burke Trust.