WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

 

SoCalMiniPigs.com – Farm Visit Participation

 

PLEASE READ CAREFULLY – THIS IS A LEGALLY BINDING AGREEMENT

 

In consideration of being permitted to visit, access, and participate in any activities at SoCalMiniPigs.com, located in Valley Center, California, including but not limited to animal interactions, tours, recreational experiences, events, or other farm-related activities (collectively, the “Activity”), I, the undersigned, on behalf of myself and/or any participating minor(s), agree to the following terms and conditions:

 

 

1. ASSUMPTION OF RISK

 

I acknowledge that farm environments carry inherent risks, which may include but are not limited to:

 

• Bites, kicks, scratches, or other injuries from animals (including pigs and other livestock)

• Slips, trips, or falls on uneven ground or animal waste

• Weather-related hazards including sun exposure or heat exhaustion

• Allergic reactions to hay, feed, insects, or animals

• Communicable diseases including zoonotic or respiratory infections

• Emotional distress or psychological trauma from unexpected animal behavior

• Risk of injury from fences, gates, tools, or other farm equipment

 

I fully understand and voluntarily accept all such risks, known or unknown, whether caused by my own actions or the actions of others, including negligence.

 

 

2. RELEASE AND WAIVER OF LIABILITY

 

I hereby voluntarily waive, release, discharge, and forever hold harmless SoCalMiniPigs.com, its owners, affiliates, volunteers, employees, agents, managers, contractors, representatives, successors, and assigns (“Released Parties”) from any and all claims, demands, causes of action, damages, losses, or liabilities related to:

 

• Personal injury, illness, or death

• Emotional or psychological distress

• Property damage or loss

• Medical or emergency treatment

• Travel to, from, or around the farm

 

This release applies even if the injury or loss is caused in whole or in part by negligence or fault of the Released Parties, to the fullest extent allowed by law.

 

 

3. CALIFORNIA CIVIL CODE §1542 WAIVER

 

I expressly waive the rights provided by California Civil Code Section 1542, which states:

 

“A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor.”

 

I understand that this waiver means I may be releasing claims that I am unaware of or that have not yet arisen.

 

 

4. INDEMNIFICATION AGREEMENT

 

I agree to indemnify, defend, and hold harmless the Released Parties against any and all claims, suits, liabilities, damages, costs, or expenses (including attorneys’ fees) brought by me or any third party arising from:

 

• My participation in the Activity

• My violation of any rule, law, or instruction

• Injury, damage, or loss caused by me, my guests, or my family (including minors)

 

If the Released Parties incur costs defending any such claims, I agree to fully reimburse them.

 

 

5. MEDICAL TREATMENT & INSURANCE

 

I understand that the Released Parties do not provide medical care. In the event of injury or illness, I authorize them to seek emergency treatment as necessary and agree to be financially responsible for any associated costs. I understand that I am responsible for maintaining my own health and accident insurance.

 

 

6. PROPERTY & EQUIPMENT DAMAGE

 

I agree to be held financially responsible for any damage caused by me, my guests, or my children to the animals, property, fencing, tools, equipment, vehicles, buildings, or grounds of SoCalMiniPigs.com due to misuse, neglect, recklessness, or intentional behavior.

 

 

7. RULES & CONDUCT

 

I agree to follow all posted signs, verbal instructions, and farm rules. I understand that failure to comply may result in removal from the premises without refund or liability.

 

 

8. MINOR PARTICIPATION

 

If I am agreeing to these terms on behalf of a minor (under age 18), I certify that I am the parent or legal guardian of the minor. I consent to their participation and agree to:

 

• Supervise them at all times

• Accept full responsibility for their safety and conduct

• Waive and release all claims on their behalf

• Indemnify the Released Parties for any claims arising from the minor’s participation

 

 

9. GOVERNING LAW & SEVERABILITY

 

This Agreement shall be governed by the laws of the State of California. If any provision is deemed invalid or unenforceable, the remainder shall remain in full force and effect.

 

 

10. ACKNOWLEDGMENT 

 

I have carefully read this Waiver and Release in its entirety and understand its contents. I voluntarily agree to its terms. I understand that I am waiving legal rights, including the right to sue, and that this agreement is binding upon me, my heirs, and legal representatives.