THIS IS A RELEASE AND INDEMNIFICATION AGREEMENT
The warning immediately above pertains to recreational activities such as farm tours and farming experiences. A participant has the sole responsibility for knowing the range of that person’s ability to participate. Inherent risks include, but are not limited to, varied degrees of skill and experience of participants, the potential of other participants to act in a negligent manner, the nature of the activity including remote location(s), certain hazards such as ground conditions, surface grade, weather conditions, altitude, fire, and wildlife and animal behavior, becoming lost, and equipment complexity or malfunction. The participant expressly assumes the risk and legal responsibility for any property damage or damages arising from illness, personal injury or death that results from participation in the activity or activities. It is not possible to eliminate the risk to participants.
Just Bee Hawaii LLC (“Just Bee Hawaii”) experiences require the participant to be able to walk across uneven terrain. The following are examples of dangers that may be present on the property: insects including but not limited to bees, wasps, ants, cockroaches, centipedes, reptiles including but not limited to geckos and lizards, allergens, uneven terrain, variable weather, tools and equipment, soil, substances used for fertilization and control of pests, animals such as chickens, cats and mongoose and freshly harvested fruit, vegetables and herbs that require washing prior to consumption.
Just Bee Hawaii Bee Huts
The Just Bee Hawaii Bee Hut experience consists of physically entering a building that may have up to six active beehives inside. The beehive space is separated from the participant space by two layers of stainless steel wire mesh; however, it is possible that bees or wasps may enter the participant space. Direct contact with bees is an inherent risk of this activity, and participants are responsible for knowing their reaction to bee and wasp stings. IF YOU ARE ALLERGIC TO BEE OR WASP STINGS, DO NOT PARTICIPATE IN THIS ACTIVITY. The Bee Huts are exposed to direct sunlight and the temperature in the huts is not controlled. Participants are responsible for monitoring their reaction to the temperature in the Bee Hut. Participants should be well-hydrated and should exit the Bee Hut if they experience any distress or if the temperature becomes uncomfortable for them.
Just Bee Hawaii Farm Tours and U-Pick fruit and vegetable experience
The Just Bee Hawaii farm tour and U-Pick fruit, vegetables, herbs or flower experience consists of walking across uneven terrain. Potential hazards of picking fruit, vegetables, herbs and flowers include- uneven terrain, insect stings or bites, falling fruit, falling leaves and branches, injury from thorns, skin irritation, injury from the physical activity of picking or transporting fruit, vegetables, herbs or flowers or injury from harvesting tools. Freshly harvested fruit, vegetables and herbs require washing prior to consumption.
BY SIGNING THIS FORM BELOW, THE UNDERSIGNED ACKNOWLEDGES THAT THE UNDERSIGNED HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES WITH THE TERMS AND CONDITIONS SET FORTH HEREIN AND HAS SIGNED THIS AGREEMENT AS A FREE AND VOLUNTARY ACT, AFTER HAVING THE OPPORTUNITY TO OBTAIN LEGAL COUNSEL IF DESIRED, AND WITHOUT RELIANCE UPON ANY STATEMENT OR REPRESENTATION BY PERSONS OR PARTIES RELEASED OR THEIR REPRESENTATIVES, EXCEPT AS EXPRESSLY STATED HEREIN.
The undersigned, in consideration of being permitted to participate in farm tour(s) and growing and harvesting crop(s), to enjoy the farm facilities, and/or to participate in or attend any activity(ies) or function(s) associated with Just Bee Hawaii no matter where occurring, on behalf of the undersigned’s minor child (if applicable) and the undersigned’s personal representatives, heirs, agents, assigns and successors agrees as follows: The undersigned represents that the undersigned is legally competent to execute this Agreement and accepts full responsibility therefore and assumes any risks associated therewith.
THE UNDERSIGNED:1. FOREVER RELEASES, REMISES, WAIVES, ACQUITS, DISCHARGES AND COVENANTS TO NOT SUE Cassandra T. Bergero, Randy R. Tan, Just Bee Hawaii LLC, its owners, managers, members, officers, employees, volunteers, agents, sponsors, and landlords, hereinafter referred to as “Releasees,” from any and all actions, causes of action, claims, demands, losses, damages, costs, attorney fees, judgments, liens, indebtedness and liabilities whatsoever in any form or on any basis, known or unknown, suspected or unsuspected, arising from or related to, directly or indirectly, the undersigned’s participation.
2. AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS the Releasees against any and all claims, damages, liability and court awards, including costs, expenses and attorney fees, incurred due to the participation by the undersigned, whether caused by any act or omission of the Releasees or some other cause.
3. ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, ILLNESS, DEATH AND/OR PROPERTY DAMAGE, whether caused by the Releasees or some other cause.
4. EXPRESSLY acknowledges and agrees that participation in Just Bee Hawaii activities, agricultural recreation or agritourism activities may be dangerous and involves the risk of serious injury, illness or death and the risk of damage to personal property.
5. EXPRESSLY agrees that this Release and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Hawaii shall govern this Release and Indemnification Agreement, and that if any portion hereof is declared invalid or becomes inoperative for any reason, the balance shall, notwithstanding, continue in full legal force and effect.
