GOAT LEDGE FARM, LLC
PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, RELEASE, AND INDEMNITY
Important Notice: By signing below (including by electronic signature), you are giving up certain legal rights, including the right to sue for injuries or damages. Please read carefully before signing.
1. Parties and Program. This Participation Agreement, Assumption of Risk, Release, and Indemnity (the Agreement) is entered into by the undersigned parent or legal guardian (the Parent/Guardian), on behalf of the minor child identified in the Signature Section (the Participant or minor child), in favor of Goat Ledge Farm, LLC, a Massachusetts Limited Liability Company and its owners, members, managers, directors, officers, employees, volunteers, agents, insurers, successors, and assigns (collectively, the Released Parties). The Parent/Guardian represents and warrants that he or she is the parent or legal guardian of the Participant and has full legal authority to enter into this Agreement on the Participant’s behalf.
2. The Parent/Guardian desires for the Participant to access and participate in an after-school, hands-on educational program involving goats and chickens, which may include animal handling and care, feeding and watering, cleaning stalls/coops, collecting eggs, grooming, leading goats, farm chores, demonstrations, tours, and related activities, as well as cooking and baking in a kitchen — including the preparation, baking, handling, tasting, and consumption of baked goods and other food products prepared by the Participant and other participants — and use of premises, facilities, equipment (including kitchen appliances, ovens, stovetops, cookware, and utensils), and property made available by Goat Ledge Farm, LLC (collectively, the Program).
3. Acknowledgment of Farm, Animal, and Program Risks. The Parent/Guardian understands and acknowledges, on behalf of the Participant and on the Parent/Guardian’s own behalf, that the Program involves farm and animal environments and activities that carry inherent and other risks, including, without limitation:
Animal-related risks: bites, scratches, pecks, kicks, head-butts, trampling, being stepped on, being knocked over, animal unpredictability, and injuries from horns/hooves/beaks/claws.
Zoonotic disease and biohazards: exposure to bacteria, viruses, parasites, and fungi associated with livestock and poultry (including from feces, urine, saliva, dander, feathers, bedding, and soil), and risk of illness.
Environmental risks: uneven or slippery ground, mud, manure, wet surfaces, holes, rocks, fencing, gates, and farm structures.
Tools/equipment risks: use of hand tools and farm equipment; pinches, cuts, punctures, and strains.
Allergens and irritants: hay, dust, pollen, animal dander, feathers, and cleaning products.
Weather-related risks: heat, cold, sun exposure, dehydration, and storms.
Food allergy and food-handling risks: The Program includes hands-on cooking, baking, and food-preparation activities in which participants handle and are exposed to common food allergens, including gluten, wheat flour, dairy, and eggs. In addition, the facility is not certified nut-free, tree nuts and peanuts may be present on the premises, and cross-contact between foods and allergens can occur. Exposure to, contact with, inhalation of, or ingestion of these and other food allergens may cause allergic reactions ranging from mild irritation to severe, life-threatening reactions, including anaphylaxis.
Kitchen and baking risks: use of a kitchen and baking activities, including hot ovens, stovetops, cooktops, and appliances; hot surfaces, cookware, liquids, steam, and food; burns, scalds, and fire; sharp utensils and equipment (including knives, graters, and mixers); cuts and pinches; slips, trips, and falls on wet or slippery kitchen floors; and electrical hazards.
Food consumption risks: the Program includes the tasting and consumption of baked goods and other food items that the Participant and other participants prepare and bake, which may be undercooked, improperly prepared or handled, cross-contaminated, or may contain allergens, and which may cause allergic reactions (including anaphylaxis), foodborne illness, choking, or other illness or injury.
The Parent/Guardian acknowledges, on behalf of the Participant and on the Parent/Guardian’s own behalf, that these risks may result in property damage, minor injury, serious injury, illness, allergic reaction (including anaphylaxis), or, in rare cases, death.
4. Assumption of Risk. The Parent/Guardian, on behalf of the Participant and on the Parent/Guardian’s own behalf, freely, voluntarily, and knowingly assumes all risks of the Participant’s participation in the Program, whether inherent, known, unknown, anticipated, or unanticipated, including the food allergy, food-handling, kitchen, baking, and food-consumption risks described in Section 3, risks arising from the acts or omissions of other participants and third parties, conditions of the premises, and the use or misuse of any equipment or materials. The Parent/Guardian understands that Goat Ledge Farm, LLC cannot eliminate all risks associated with farm, animal, kitchen, baking, food-handling, and food-consumption activities and does not represent or warrant that the premises or any food or activity is free of nuts or any other allergen.
5. Release and Waiver of Claims. To the fullest extent permitted by Massachusetts law, the Parent/Guardian, on behalf of the Participant and on the Parent/Guardian’s own behalf, hereby releases, waives, and forever discharges the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses of any kind or nature arising out of or related to the Participant’s participation in the Program or presence on premises used for the Program, including the Participant’s use of the kitchen, baking activities, and the preparation, handling, tasting, or consumption of any baked goods or other food, and including any allergic reaction, foodborne illness, or other illness (including anaphylaxis) arising from exposure to, contact with, or ingestion of nuts, gluten, wheat flour, dairy, eggs, or any other food or allergen, whether occurring before, during, or after participation. This Release and Waiver applies to claims based on the negligence of the Released Parties to the extent enforceable under Massachusetts law, but it does not apply to claims that cannot be released as a matter of law.
6. Covenant Not to Sue. The Parent/Guardian, on behalf of the Participant and on the Parent/Guardian’s own behalf, agrees not to institute or pursue any lawsuit or legal proceeding against any of the Released Parties for any claim released by this Agreement. If the Parent/Guardian breaches this covenant, the Parent/Guardian shall be liable for the Released Parties’ reasonable attorneys’ fees and costs incurred in defending against such claims, to the extent permitted by law.
7. Indemnification and Hold Harmless. To the fullest extent permitted by Massachusetts law, the Parent/Guardian agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, fines, penalties, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: the Participant’s participation in the Program; the Participant’s acts or omissions; the Participant’s use of the kitchen, baking activities, or the preparation, handling, tasting, or consumption of any baked goods or other food; any allergic reaction, foodborne illness, or other illness arising from exposure to, contact with, or ingestion of nuts, gluten, wheat flour, dairy, eggs, or any other food or allergen in connection with the Program; the Parent/Guardian’s breach of this Agreement; or any claim brought by, through, or on behalf of the Participant, except to the extent caused by the gross negligence or willful misconduct of the Released Parties or to the extent such indemnification is prohibited by law.
8. Health, Hygiene, and Safety Acknowledgments (Animals/Poultry). The Parent/Guardian, on behalf of the Participant, understands and agrees that:
Handwashing with soap and water (or sanitizer when soap/water unavailable) is required after animal contact and before eating/drinking.
No eating, drinking, gum, or hand-to-mouth activity is permitted in animal areas unless expressly allowed by staff.
The Participant will follow all staff instructions regarding animal handling, including not entering pens/coops or handling animals unless authorized and supervised.
The Participant will wear appropriate clothing, including sturdy closed-toe shoes/boots; long pants are recommended.
9. Food Allergy and Allergen Acknowledgments. The Parent/Guardian, on behalf of the Participant, expressly understands, acknowledges, and agrees that:
The Program involves hands-on food activities in which the Participant will handle and be exposed to common food allergens, including gluten, wheat flour, dairy, and eggs.
The Program includes baking in a kitchen, and the Participant will taste and consume baked goods and other food items that the Participant and other participants prepare, which may be undercooked, improperly prepared or handled, cross-contaminated, or contain allergens, and which may cause allergic reactions, foodborne illness, choking, or other illness or injury.
The facility is not nut-free. Tree nuts and peanuts may be present on the premises, and Goat Ledge Farm, LLC cannot and does not guarantee an allergen-free or nut-free environment. Cross-contact between foods, ingredients, surfaces, utensils, and allergens can and may occur.
Exposure to, contact with, inhalation of, or ingestion of food allergens may cause allergic reactions ranging from mild to severe and life-threatening, including anaphylaxis.
The Parent/Guardian has disclosed to Goat Ledge Farm, LLC, in writing, all known food allergies, sensitivities, and dietary restrictions of the Participant, together with any required medications or emergency-response instructions (including any prescribed epinephrine auto-injector) and will promptly update the farm of any changes.
The Parent/Guardian is responsible for evaluating the Participant’s ability to safely participate in light of these allergen risks, for providing any necessary allergy medication, and for instructing the Participant to follow all staff directions regarding food handling and consumption.
The Parent/Guardian, on behalf of the Participant and on the Parent/Guardian’s own behalf, knowingly and voluntarily accepts and assumes the risks of food allergy and allergen exposure described in this Agreement.
10. Medical Treatment and Emergency Authorization. The Parent/Guardian authorizes the Released Parties to obtain or provide emergency medical care and transportation for the Participant in the event of injury, illness, or allergic reaction during the Program, including administration of the Participant’s prescribed epinephrine auto-injector if provided. The Parent/Guardian consents to first aid and emergency medical treatment as may be deemed necessary or advisable and agrees to be responsible for all associated costs and expenses. The Released Parties do not assume any duty to provide medical care.
11. Participant Representations. The Parent/Guardian represents and warrants, on behalf of the Participant, that: the Participant is in suitable health to participate; the Participant will use good judgment; the Participant will not participate while under the influence of any impairing substance; and the Participant will comply with all posted and communicated rules and instructions of Program staff and volunteers and promptly report any unsafe condition, injury, or incident.
12. Property Damage. The Parent/Guardian agrees to be responsible for, and to reimburse the Released Parties for, any loss of or damage to property of the Released Parties caused by the Participant’s negligent or intentional acts or omissions, to the extent permitted by law.
13. Parent/Guardian Consent for Minor Participant. The Participant is a minor child under the age of eighteen (18), and the Parent/Guardian is signing this Agreement solely in his or her capacity as the Participant’s parent or legal guardian. The Parent/Guardian acknowledges and accepts the risks described in this Agreement, including the food allergy and allergen risks; consents to the minor’s participation in the Program; agrees to all terms of this Agreement on behalf of the minor; and, to the fullest extent permitted by Massachusetts law, releases, waives, and agrees to indemnify the Released Parties as set forth in this Agreement with respect to the minor’s participation.
14. Severability. If any provision of this Agreement is found invalid or unenforceable in whole or in part, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
15. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. Any claim or dispute arising out of or related to this Agreement or the Participant’s participation in the Program shall be brought exclusively in the state or federal courts located in Hampden County, Massachusetts, to the extent such venue selection is enforceable under Massachusetts law.
16. Integration; Entire Agreement; No Oral Modification. This Agreement is the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in a writing (including an electronic record) signed by the Parent/Guardian and an authorized representative of Goat Ledge Farm, LLC. The Parent/Guardian acknowledges that no oral representations or statements not contained in this Agreement have been relied upon.
17. Electronic Signature; Counterparts. The Parent/Guardian agrees that this Agreement may be executed and delivered by electronic means and consents to conduct this transaction electronically. The Parent/Guardian’s electronic signature including a signature made by mouse, stylus, finger, or touchscreen, a typed name adopted as a signature, or a signature applied through an electronic-signature service shall have the same legal force and effect as an original handwritten (wet-ink) signature. The Parent/Guardian agrees that an electronic record of this Agreement satisfies any requirement that it be in writing, that this Agreement and any electronic signature will not be denied legal effect or enforceability solely because they are in electronic form, and that electronic signatures and records are valid and enforceable to the fullest extent permitted by the Massachusetts Uniform Electronic Transactions Act, G.L. c. 110G, and other applicable law. This Agreement may be signed in one or more counterparts, and a scanned, photographed, faxed, or electronically transmitted copy of a signature shall be treated as an original
I, THE PARENT OR LEGAL GUARDIAN OF THE MINOR CHILD NAMED BELOW, UNDERSTAND THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF RISK AND A RELEASE OF CLAIMS, INCLUDING CLAIMS BASED ON THE ALLEGED NEGLIGENCE OF THE RELEASED PARTIES AND CLAIMS ARISING FROM FOOD ALLERGY OR ALLERGEN EXPOSURE (INCLUDING FROM NUTS, GLUTEN, WHEAT FLOUR, DAIRY, AND EGGS), TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW. I UNDERSTAND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS ON BEHALF OF MYSELF AND MY CHILD. I SIGN THIS AGREEMENT VOLUNTARILY AND OF MY OWN FREE WILL.