In exchange for participation in the activity of SHA SCHOOL organized by Soil Health Academy Inc., of 25554 Co. Rd. 136, St. Cloud, MN 56301 and/or use of the property, facilities and services of Soil Health Academy, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Soil Health Academy Inc., or the employees, representatives or agents of Soil Health Academy, Inc.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Soil Health Academy for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Soil Health Academy, whether caused by the fault of myself, my family, Soil Health Academy or other third parties. The current world-wide Coronavirus (“COVID-19”) pandemic and government mandated “shelter in place” orders in many communities underscore the risks associated for attending hosting and producing events.
I recognize that that exposure to disease-causing organisms and objects, such as COVID-19 and events that involve having personal contact with others, including but not limited to premises owners, attendees, presenters and others associated with the offering of the classes, involves a certain degree of risk that could result in illness, permanent disability or death. I also acknowledge that it is impossible to screen and/or monitor all such individuals.
After fully and carefully considering all the potential risks involved, I hereby assume the risks and agree to release and hold-harmless, the Soil Health Academy Inc., Understanding Ag, LLC and SHA School Hosts/Farms, their employees, officers, agents, contractors and vendors, from and against, all claims and liability resulting from exposure to disease-causing organisms and objects, such as COVID-19, associated with individuals and presenters and guests attending the SHA School.
3. INDEMNIFICATION. I agree to indemnify and defend Soil Health Academy, Understanding Ag LLC, and SHA School Hosts/Farms against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities and attendance at the event.
4. FEES. I agree to pay for all damages to the facilities of Soil Health Academy caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Alabama law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Soil Health Academy has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AREEING TO THESE TERMS, I RENDER CERTAIN LEGAL RIGHTS.