WAIVER AND RELEASE OF LIABILITY
  • WAIVER AND RELEASE OF LIABILITY

  • I, the undersigned, understand and acknowledge that I will be present on the property and may participate in activities at HapBE Valley, located at 21 Noahs Vly, Leicester, NC 28748, owned and operated by ALEL2, Inc., a/k/a HapBE Valley. This property is a working farm and home to various animals. These activities include, but are not limited to, outdoor activities, mindfulness and wellness activities, yoga, hiking, equine-facilitated experiential activities, and other activities that may include exposure to animals, including but not limited to horses, goats, and dogs (hereinafter the "Activity" or "Activities").
  • IN CONSIDERATION OF my desire to participate in said Activity and being given the right to be present on the property and participate in same;
  • I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I," or "me," which terms shall also include Releasor's parent or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the Activity.
  • I HEREBY release and forever discharge ALEL2, Inc., a/k/a HapBE Valley, together with its affiliates, managers, members, agents, attorneys, staff, volunteers, contractors, and specifically including Jason Robbins and Jennifer Robbins, and their respective heirs, representatives, predecessors, successors, and assigns (collectively, the "Releasees"), from any physical or psychological injury, or loss, theft, misplacement, or damage to personal property, that I may suffer, including any claims arising from the negligence of the Releasees, as a direct result of being on the property and my participation in the Activities.

  • ASSUMPTION OF RISK

  • I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, LOSS, THEFT, MISPLACEMENT, OR DAMAGE TO PERSONAL PROPERTY, AND DEATH.
  • I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S), INCLUDING BUT NOT LIMITED TO UNEVEN TERRAIN, MUD, FENCING, GATES, TOOLS, EQUIPMENT, WEATHER CONDITIONS, AND INTERACTIONS WITH ANIMALS.
  • I understand that the property and activities are provided "as is," and that no warranties or guarantees are made regarding safety or conditions.
  • I agree to follow all instructions and acknowledge that failure to do so increases risk.
  • NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN, OF MY PARTICIPATION IN THIS ACTIVITY.
  • POND USE ACKNOWLEDGMENT

  • I FURTHER ACKNOWLEDGE that the HapBE Valley property includes a natural pond.
  • I understand that I am not permitted to enter or use the pond without first receiving explicit permission from authorized HapBE Valley staff. If such permission is granted, the following terms apply:

    • There is no lifeguard on duty, and any use of the pond is entirely at my own risk.
    • The pond is a natural body of water and may include inherent hazards such as uneven or slippery surfaces, mud, sudden changes in depth, submerged objects, and limited visibility.
    • I understand that wildlife, insects, and natural water conditions, including bacteria or algae, may be present.
    • I agree to use caution when entering and exiting the water and will not dive.
    • I understand that pond use is not a supervised or facilitated activity unless explicitly stated otherwise.
    I voluntarily assume all risks associated with entering or using the pond and agree to release and hold harmless the Releasees, including any claims arising from the negligence of the Releasees related to pond or water use.
  • INDEMNIFICATION

  • I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
  • MEDICAL AUTHORIZATION

  • I FURTHER ACKNOWLEDGE that the Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity.
  • In the event that I require medical care or treatment, I authorize ALEL2, Inc., a/k/a HapBE Valley to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.
  • I agree to assume all costs and to be financially responsible for any costs incurred. I understand that HapBE Valley does not provide medical, health, or liability insurance coverage for participants.
  • PARTICIPATION REPRESENTATION

  • I FURTHER ACKNOWLEDGE that this Activity may involve a test of physical and mental limits and may carry the potential for death, serious injury, and property loss. I agree not to participate unless I am medically able and properly prepared, and I agree to follow all instructions and decisions of the Releasees regarding my participation.
  • RELEASE AND WAIVER

  • I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND VOLUNTARILY WAIVE ANY RIGHT TO BRING A LEGAL ACTION FOR PERSONAL INJURY OR PROPERTY DAMAGE.
  • TO THE EXTENT PERMITTED BY LAW, THIS RELEASE INCLUDES CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES.
  • EQUINE LIABILITY NOTICE (PURSUANT TO NORTH CAROLINA LAW)

  • Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or death of a participant resulting exclusively from the inherent risks of equine activities (Chapter 99E, North Carolina General Statutes).
    • The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them
    • The unpredictability of equines' reactions to sounds, sudden movements, unfamiliar objects, persons, or other animals
    • Certain hazards such as surface and subsurface conditions
    • Collisions with other animals or objects
    • The potential of a participant to act in a negligent manner
    By signing below, I acknowledge that I have read and understand this equine liability notice.
  • PHOTOGRAPHIC / MEDIA RELEASE

  • By signing this document, I grant permission for ALEL2, Inc., a/k/a HapBE Valley to photograph, record, or video me during events for promotional purposes, without compensation, in any media now known or later developed, in perpetuity.
  • GENERAL PROVISIONS

  • This Release shall be governed by the laws of the State of North Carolina. In the event of damage to equipment or facilities caused by my or my party's willful actions, neglect, or recklessness, I agree to be financially responsible. This Agreement applies to my current visit and all future visits to the property unless revoked in writing. If any provision is found unenforceable, the remainder shall remain in full force and effect.
  • ACKNOWLEDGMENT

  • I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE AND THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY. I HAVE READ AND FULLY UNDERSTAND ITS CONTENTS.
  • SIGNATURE BLOCK

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  • EMERGENCY CONTACT

  • Format: (000) 000-0000.
  • PARENT / GUARDIAN WAIVER FOR MINORS

  • and do hereby give my consent without reservation to the foregoing on behalf of the individual(s) named above.
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