Christmas Tree Cutting Accident Waiver and Release of Liability Form
Located at Twin H Tree Farms, Inc.
620 W Chumley Rd
Bloomington, IN 47403
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH CHRISTMAS TREE CUTTING, including any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I acknowledge that I am cutting down my own, or family, Christmas tree and I assume all risks by persons participating in, or observing, said activity. I understand that I can deny the use of the corporation’s provided hand saw and use a personally owned hand saw, however, agree that no chainsaws will be used on farm property for any reason. I further agree to keep all participant vehicles on graveled roadways and to observe “private driveway” signs. I understand that farm fields may harbor unseen hazards such as, but not limited to, holes and tree stumps and that walking through said fields could cause injury. Any damages to the supplied handsaw, the graveled roadways, or the farm fields by participant(s) during said activity could result in a fine, or fines, in the amount equal to the damage(s) caused. In addition, I also understand that any Christmas tree cut by said participant(s) and left in the field will result in a fine equal to the amount of said downed tree. Lastly, I acknowledge that I am responsible for transporting my Christmas tree to the barn, along with my given number and associated handsaw, and to vacate farm fields by 5:00 pm EST.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the owners and employees of the aforementioned property and that it will govern my actions and responsibilities.
By participating in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Twin H Tree Farms, Inc. and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Twin H Tree Farms, Inc. and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, and actions of other people including, but not limited to, participants, volunteers, and/or producers of the activity.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.