Public Waiver

RELEASE AND HOLD HARMLESS AGREEMENT.
THIS LIMITS THE GENTLE BARN’S LIABILITY.

I have read this form and acknowledge my understanding that being near or around animals, or interacting with animals in any way, poses real risks and constitutes potentially dangerous activity, which may result in serious injury or death to me or to any people accompanying me, such as family members, or to any animals/pets that are accompanying me (collectively, my "Group"). Such activity may also result in damage to any equipment, vehicles or items that I bring with me to The Gentle Barn (collectively, "Items"). With this knowledge and in consideration of the services, education and/or experiences that The Gentle Barn Foundation (“Gentle Barn”) provides, I hereby waive, release, discharge and hold harmless Gentle Barn, and all of its officers, directors, employees and volunteer assistants, their heirs, executors, administrators, successors or assigns, from any and all liability for any damages whatsoever sustained by me, my Group, or my Items. Without limiting the generality of the above, I also hereby waive and release the Gentle Barn and all of its officers, directors, employees and volunteer assistants, their heirs, executors, administrators, successors or assigns, from any and all liability based on any active or passive negligence of said persons and/or entities.

Additionally, I hereby agree to indemnify and hold harmless Gentle Barn and all of its officers, directors, employees and volunteer assistants, their heirs, executors, administrators, successors or assigns for any claims and/or actions which may be made against them, including attorney’s fees and any other associated costs, that are based upon or arise from me or anyone in my Group's acts, behaviors or omissions.

This release extends to all claims, whether presently known or unknown. I hereby expressly waive any benefits I may have pursuant to Section 1542 of the California Civil Code relating to the release of unknown claims, which provides:

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

MINORS PROVISION (where applicable)
I, parent or guardian of a minor visiting The Gentle Barn, state that I expressly agree that all of the terms and conditions herein are binding upon me and my minor child(ren) and any other minors in my Group for any damages or injuries that he or she or they may sustain or cause as a result of said participation and engaging in any activities whatsoever at the Gentle Barn. I further represent and warrant that every minor in my Group has health and accident insurance.

COW HUG THERAPY® (where applicable)
Cow Hug Therapy® is a therapeutic experience in which you can spend one-on-one time connecting with the cows of The Gentle Barn, allowing you to hug them while they hug you, taking in the bond of such a large and peaceful creature and becoming one. The Gentle Barn's staff or volunteer are there to facilitate the connection and provide safety between you and the cows but they are NOT therapists, and in no way offer medical or mental health advice themselves. In the event that additional mental health support is needed, The Gentle Barn recommends reaching out a licensed mental health clinician.

SEVERABILITY
In case any provision herein shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

NO FIREARMS, WEAPONS, ALCOHOL OR SMOKING/VAPING
I agree and understand that smoking/vaping, consuming or carrying alcohol, firearms, or weapons of any kind are strictly prohibited on The Gentle Barn properties. This includes but is not limited to my vehicle while it is located on The Gentle Barn properties. Violation of these terms will result in immediate expulsion from the property with no refund or compensation for a loss in time or financial investment.

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Media Capture & Usage Release

The Gentle Barn Foundation (“Gentle Barn”) periodically captures media by recording on video and/or taking photographs (or other forms of media capture) for possible inclusion in television programs and/or other media including, but not limited to, Facebook, Twitter, Instagram, other social media platforms, Gentle Barn website, and/or printed materials for public view. By entering or being on the Gentle Barn property, you are giving Gentle Barn your consent to capture media, including, but not limited to, videos, photographs (or any other form of media), of you, people accompanying you, or any animals/pets that are accompanying you (collectively, your "Group"). Any and all pictures, videos, photographs, images, likenesses, voice recordings, statements and/or any other captured media by Gentle Barn of you and/or your Group (collectively, “Media”) shall immediately become the wholly owned intellectual property of Gentle Barn. Gentle Barn’s rights and ownership of the Media is perpetual, worldwide, royalty free, and without any restrictions or limitations. We thank you for your participation and support.

Additionally, you agree that, unless the Gentle Barn provides you with prior written approval, any media (such as photographs and video) captured by you during your visit to the Gentle Barn is to be used only for personal use; any commercial use is strictly prohibited.

I acknowledge that I have read the foregoing, I understand it, and I agree to all of the terms and provisions.

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