HEART AND SOL FARM LLC WAIVER AND RELEASE OF LIABILITY - 2025

Business Activity or Event: Flower Purchase, Pickup, Delivery, and/or Farm Visit/Activity

PLEASE READ CAREFULLY BEFORE PROCEEDING WITH YOUR PURCHASE. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.

By proceeding with your purchase from HEART AND SOL FARM LLC ("the Farm"), you ("Participant" or "I") acknowledge, understand, and agree as follows:

  1. Assumption of Risk: I understand that activities at the Farm, including but not limited to flower purchase, pickup, delivery, farm visits, and participation in events (collectively "Activities"), involve inherent risks, dangers, and hazards. These risks include, but are not limited to:

    • Terrain: Uneven ground, holes, rocks, debris (including drip tape, irrigation lines, hoses, landscape fabric, branches, cement blocks, netting, stakes, buckets, t-posts, crates), and other natural or man-made obstacles.

    • Plants: Contact with plants, including thorns, pollen, sap, and potential allergens. I understand that some plants grown at the Farm are poisonous or toxic if ingested, and that contact with certain plants may cause skin irritation, allergic reactions, or other health issues. I am responsible for supervising children and animals under my care to prevent them from ingesting or having harmful contact with any plants at the Farm.

    • Animals: Contact with animals, including but not limited to dogs, cats, chickens, deer, foxes, raccoons, bees, wasps, ticks, spiders, and other insects. I understand that animal behavior is unpredictable and can result in injury.

    • Weather: Exposure to weather conditions, including heat, rain, wind, lightning, and temperature fluctuations.

    • Equipment: Use of tools and equipment (if applicable), with the potential for cuts, abrasions, and other injuries.

    • Other Participants: Actions or inactions of other visitors, customers, or participants.

    • Transportation: Risks associated with traveling to and from the Farm, including during flower delivery or pickup.

    • Bodies of Water: Presence of ponds, streams, or other bodies of water on the Farm, which may pose a risk of drowning, slips, falls, and exposure to waterborne illnesses. I understand that these areas may not be fenced or supervised.

    • Heavy Equipment: Presence and operation of heavy equipment, including but not limited to tractors, vehicles, ATVs, and other machinery. I understand that these machines are dangerous and that I should stay a safe distance away from them at all times. I will not attempt to operate any heavy equipment unless specifically authorized and trained by the Farm

  2. I voluntarily assume all risks associated with the Activities, whether known or unknown to me, including the risks associated with contact with potentially poisonous or allergenic plants and unpredictable animal behavior.

  3. Release of Liability: I hereby release and forever discharge the Farm, its owners, officers, employees, agents, volunteers, and representatives (collectively "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including attorney's fees) of any kind or nature, known or unknown, suspected or unsuspected, which I now have or may hereafter have against the Released Parties, arising out of or in any way related to my participation in the Activities, even if such claims are based on the negligence or fault of the Released Parties.

  4. Indemnification: I agree to indemnify and hold harmless the Released Parties from any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including attorney's fees) arising out of or in any way related to my participation in the Activities, including any claims brought by third parties.

  5. Medical Treatment: I consent to receive medical treatment deemed advisable by the Farm or its representatives in the event of injury, accident, or illness during the Activities, and I am responsible for all associated costs.

  6. Severability: If any provision of this waiver is held invalid, the remaining provisions remain in effect.

  7. Governing Law: This waiver is governed by the laws of the State of New Jersey.

  8. Entire Agreement: This waiver constitutes the entire agreement between the parties and supersedes all prior communications.

By clicking the "I Agree" (or similar) button during the checkout process, and/or completing my purchase, I acknowledge that I have read, understood, and agree to all terms and conditions of this Waiver and Release of Liability, including the warnings about poisonous and allergenic plants, animal risks, bodies of water, and heavy equipment. I am voluntarily agreeing to this waiver with full knowledge of the risks involved.