SUNMIST FRUIT WAIVER AND RELEASE OF LIABILITY AGREEMENT

1. Property and Activity Covered

In consideration for being allowed access to the properties located at:

• 26700 Avenida Del Oro, Temecula, CA 92590 (33°29’47.9″N 117°11’52.7″W)
• 0 Via Escalon, Temecula, CA 92590 (33.5036632, -117.2746697)
  (collectively, the “Farm Property”) for the purpose of picking, harvesting, or retrieving fruit, I agree to the terms stated herein.

2. Acknowledgment of Risk

I acknowledge and understand that participation in fruit picking and harvesting involves inherent risks, including but not limited to:

• Falling branches or fruit
• Insect bites or stings
• Slips, trips, or falls due to uneven terrain
• Injuries resulting from climbing or using harvesting equipment
• Exposure to sun and heat-related illnesses
• Cuts or scratches from thorns, brambles, or barbed wire
• Food-borne illnesses from consuming fresh produce
  I acknowledge that the Farm makes no representations or warranties concerning the safety of the premises or the fruit and voluntarily assume all such risks.

3. Safety and Compliance

I agree to:
(a) Obey all rules and guidelines established by the Farm, the receipt of which I acknowledge.
(b) Use all equipment responsibly and with due care.
(c) Avoid damage to the Farm’s trees, vegetation, and property.
(d) Use only tools provided or approved by the Farm.

4. Use of Ladder (Please initial one):

☐ I WILL NOT use a ladder to harvest fruit and will instead use a pole, net, or extension fruit picker.
☐ I WILL use a ladder and accept all associated risks.

5. Release of Liability

To the fullest extent permitted by California law, I hereby release, waive, and discharge the Farm from any and all liability, claims, demands, actions, or causes of action whatsoever, arising out of any loss, damage, or injury, including illness or death, that may be sustained by me while on the Farm Property or from consumption of the Farm’s fruit, whether caused by the active or passive negligence of the Farm or otherwise.

6. Indemnification

I agree to indemnify, defend, and hold harmless the Farm from and against any and all claims, demands, liabilities, damages, expenses, and attorney fees arising out of or relating to my conduct on the Farm Property or any breach of this Agreement.

7. Revocation of Access

I understand and agree that the Farm may revoke permission for me to enter the property and/or harvest fruit at any time, with or without cause.

8. Dispute Resolution and Governing Law

In the event of any dispute arising under this Agreement or in relation to the Farm’s property, I agree to first seek resolution through informal discussion or confidential mediation.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Jurisdiction and venue shall lie exclusively in Riverside County, California.

9. Severability

If any portion of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Binding Effect

This Agreement shall be binding upon me and my heirs, executors, administrators, legal representatives, successors, and assigns.

11. Acknowledgment of Understanding

I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY AND OF MY OWN FREE WILL. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FARM.

Participant Name (Print): _______________________
Signature: ____________________________________
Date: ________________________________________