This Release and Waiver of Liability (“Release”) is executed on the date set forth below by the undersigned (“Vendor”) in favor of THE LAND TRUST FOR TENNESSEE, INC., a Tennessee nonprofit corporation (“LTTN”).
Vendor desires to access Glen Leven Farm (“GLF”) a private property owned by LTTN, and engage in GLF Activities (as defined herein), and in exchange for LTTN’s permission for Vendor to enter GLF and engage in GLF Activities, Vendor assumes all risk related to the GLF Activities, and agrees to waive any and all rights, claims, disputes, and/or defenses Vendor may have in connection with damages suffered, injuries sustained, or other circumstances arising during Vendor’s visit to GLF or otherwise related to GLF Activities.
Vendor, being 18 years of age or older, hereby freely, voluntarily, and without duress executes this Release under the terms set forth below:
1. Vendor acknowledges and agrees that LTTN’s permission for Vendor to access, enter, use, and walk through GLF, and to participate in, and/or provide services to, any recreational, private, or community event activities occurring at GLF (collectively, the “GLF Activities”) is limited to Vendor only and subject to Vendor being in the presence, or under the direction, of a representative of LTTN.
2. Vendor acknowledges and agrees that GLF is an active working farm with live animals, both domestic and wild, and that hazardous conditions may exist at GLF at the time of Vendor’s visit to GLF. Vendor expressly acknowledges and assumes all risks associated with and/or arising out of Vendor’s GLF Activities. Vendor does hereby, for Vendor and Vendor’s heirs, executors, and administrators, knowingly release and forever discharge LTTN, its successors and assigns and its officers, directors, employees and agents, from any and all liability, claims, demands of whatever kind or nature, either in law or equity, whether seen or unforeseen, for injury, illness, death, property damage, or otherwise, whether arising out of contract, tort or otherwise, which arise or may hereafter arise, from or related to, Vendor’s GLF Activities, and waives all rights as to any claims or demands of whatever kind or nature as to any of the foregoing matters.
3. Vendor hereby agrees to indemnify and hold harmless, LTTN and its respective successors and assigns, and its officers, directors, employees, agents, and shareholders against any and all charges, complaints, actions, suits, proceedings, hearings, investigations, claims, demands, judgments, or, decrees, stipulations, injunctions, damages, penalties, liabilities, obligations, fees which may arise from Vendor’s use of GLF and/or the GLF Activities.
4. Vendor expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Tennessee. Vendor agrees that in the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.