RELEASE, EXPRESS ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of the right to enter the premises, orchard or field to pick any crop, or use any equipment provided to do so, the undersigned for himself or herself, representatives, or heirs, and for minor children, acknowledges the risks inherent being in a field or orchard (and the location of such being near an exposed irrigation waterway), using agricultural equipment, or disregarding rules established to minimize the risk of injury while doing so.
THEREFORE, THE UNDERSIGNED EXPRESSLY AGREES TO THE FOLLOWING:
1. I will use care when walking in the field recognizing that there may be debris or uneven surfaces. I expressly assume the risk of injury arising out of a condition of the soil, the trees, or the crops growing from it, and the proximity of these amenities to an exposed water source and release any person or entity that is otherwise responsible for these conditions.
2. I have read and understand the general safety instructions and the instructions provided for the safe use of ladders. I will inspect any ladder before I use it. If I have any doubt or question, I will seek assistance from a farm employee before using it. By using it, I accept it as free from defects and expressly assume all risk of injury, however caused, arising out if its use, including but not limited to injury from tipping or falling, caused by a condition of the ladder, caused by a condition of the soil on which it is placed, caused by how the ladder is positioned or placed, either by myself or others, or caused by act or conduct of mine while on or using the ladder.
3. THE UNDERSIGNED UNDERSTANDS that this agreement is intended to be as broad and inclusive as the law of the State of California permits and that if any portion is invalid, it is agreed that the balance shall continue in full force and effect.
4. THE UNDERSIGNED FOR HIMSELF OR HERSELF, REPRESENTATIVES, RELATIVES OR HEIRS, AND FOR MINOR CHILDREN, HEREBY ASSUMES THE RISK OF USE OF THE PREMISES AND EQUIPMENT PROVIDED, COVENANTS NOT TO SUE, AND AGREES TO INDEMINIFY AND HOLD HARMLESS THE OWNERS, MANAGERS, THEIR AGENTS AND EMPLOYEES, EVEN IF ACTIVELY NEGLIGENT, FROM ANY LOSS, LIABILITY, DAMAGE OR COST INCURRED BY THEM.