LUCKY BEE RANCH, INC.
LIABILITY WAIVER/RELEASE AND ASSUMPTION OF RISK
This Liability Waiver/Release & Assumption of Risk (“Release”) must be signed by all parties that are participating in any activities or gathering offered by Lucky Bee Ranch, Inc. at its property in Malibu, California commonly referred to as Lucky Bee Ranch and having the following APN: 4464-019-004 and 4464-009-010 (collectively, the “Property”) and shall remain in effect for all future visits to the Property. For children under 18, a parent or guardian must sign on their behalf.
1. I recognize that my presence at the Property, owned by Lucky Bee Ranch, Inc. (the “Owner”), will or may involve travel and activities which are, or may be, inherently dangerous to participants; that travel by public or private conveyance of any sort, and getting in or out of any public or private conveyance, may result in illness, injury, or death which may be caused by, or result from, my own negligence, actions or failure to act of others (including employees or agents of Owner) by accident or otherwise, physical exertion for which I am not prepared or believed I was prepared, consumption of alcohol, medications, or drugs, natural events, or other causes. I understand and accept that my presence at the Property involves, or may involve, travelling over paved roads, dirt roads, uneven terrain, and may require getting in and out of an unconventional vehicle (which may be difficult for a person with physical or mental disabilities). My presence at the Property may involve walking or hiking on dirt or paved roads and uneven ground, may involve close contact with live animals, feeding of live animals, or both, which can be unpredictable and can lead to injuries to any part of the body from the toes up to the top of the head and everything between, and may require my presence at or around places with different types of seating available for my use, which can also be unpredictable and will only be used at my own risk. My presence at the Property may also involve walking, standing, or exploring areas with ledges, cliffs, or decks without safety railings and safety fencing, and I must utilize caution and pay attention while traversing the property and any improvements thereon, including maintaining a safe distance from deck edges, ledges, and cliffs. I also understand and accept that my Presence at the Property may involve contact with active beekeeping operations and that the Property includes active beekeeping operations and that hives and swarms of bees are present on the Property and may be present during my presence on the Property.
BEEKEEPING EXPERIENCE: I understand and accept that as part of the Beekeeping Experience offered by Owner, should I participate, I will come into contact with live bees, including hives and swarms, and that even in a protective suit and gloves, I may be stung by one or more bees. I also understand the beekeeping experience involves tasks that could require use of sharp tools, exposure to honey, exposure to other insects (including, without limitation, mites, beetles, and other insects), the cleaning and clearing of brush around the hives, and the exposure to smoke and the potential exposure to heat and fire when a smoker is being utilized by Owner or Owner’s beekeepers.
I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well-being, and health during my presence on the Property. I voluntarily accept and assume all risks of loss, damage, or injury that may be sustained while present at the Property, prior thereto while traveling to Property, or after my presence has concluded while at the Property. I further agree that I have read all the safety and other rules, regulations, and instructions or other material given to me either orally or in writing by Owners or their representatives and I will abide by them and all generally accepted rules of safety and behavior, including NO SMOKING on the Property.
2. RELEASE AND WAIVER OF LIABILITY: In consideration of Owner permitting me, my family members, or both to be present at the Property and participate in any activities, gatherings, or any other happenings at the Property, I hereby release, Lucky Bee Ranch, Inc. and all third-party vendors present at the Property or providing services to Owner at the Property, and collectively their owners, agents, officers, directors, members, trustees, employees, servants, vendors, and independent contractors (“the Released Parties”) from any and all claims, demands, and liabilities which I now have or in the future may have against it or them which may result from my (or my family’s) presence at the Property (including, without limitation, any injuries resulting from the terrain, use of any parking area, use of any seating, presence in or on a vehicle, consumption of any food or beverage, interaction with any animals, exposure to or contact with bees or involvement in the Beekeeping Experience offered by Owner, and interactions with other attendees or Released Parties’ personnel, at the Property), even if caused by the Released Parties’ negligence or willful misconduct. This release and waiver shall be binding on me, my heirs, executors, and administrators and all persons claiming under me or for whom I have executed this Release.
This Release is intended to be a complete release of any responsibility for personal injuries, property loss, and any damage sustained by me while present at and utilizing Owners’ offered experiences at the Property and being present thereon. I understand that this Release is intended to be as broad and inclusive as is permitted by the laws of the jurisdiction applicable to the Property and that if any portion of this Release is held invalid, I agree that the balance of this Release should continue in full force and effect. I further understand and agree that this Release shall apply to any future visits I, my family members for whom I have executed this Release, or both, make to the Property (however, the release will expire for any persons for whom I have executed whom are under 18 upon their attaining the age of 18).
3. I am aware that medical services or facilities may not be readily available or accessible during some of the time in which I am present at the Property. I understand and agree that medical or other services that may be rendered to me by or at the insistence of any of the above parties are not an admission of liability to provide or continue to provide such services, and are not under a waiver by any of the said parties of any right hereunder. I understand that serious accidents may occur and that the participants in this excursion may sustain mortal or serious injury as a result of their participation. Nevertheless, I agree to assume these risks and to release and hold harmless all of the Released Parties who might otherwise be liable to me for damages
4. I hereby grant the Released Parties the right to take, and use, for promotional and other commercial purposes, photographic and other records of the presence of myself, my family members, or both at the Property.
This Release shall be governed by, and interpreted according to, the laws of the State of California and I agree that any disputes or claims made under it shall be adjudicated in the state courts located in the County of Los Angeles, State of California, West District.
I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself, the entities and persons named herein or their affiliated organizations, and I sign it of my own free will and in its entirety for myself, and any persons for whom I have executed this release, for whom I represent having the legal capacity to execute this Release on their behalf.
This Release must be signed by all parties participating in any activity on the Property or entering the Property. For children under 18, a parent or guardian must sign on the minor’s behalf. Electronic/digital signatures and copies of an original signature hall be treated as original wet-ink signatures for the purposes of authentication and enforcement of this Release.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: