Five Filly Foundation Volunteer Waiver

NON-PROFIT CHARITABLE ORGANIZATION

VOLUNTEER PARTICIPATION FORM

PLEASE READ CAREFULLY BEFORE SIGNING BELOW. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.

The undersigned individual or individual(s) (hereinafter the “Volunteer”) knowingly and voluntarily seeks to contribute his or her time, resources, equipment, property, or physical or mental efforts, or other similar items or efforts, as an unpaid volunteer for Five Filly Foundation, Inc., a North Carolina nonprofit corporation (the “Nonprofit”).   

1.          Volunteer Service.   Volunteer acknowledges and understands that Nonprofit is a non-profit charitable organization organized exclusively for charitable purposes under North Carolina law and the Internal Revenue Code that does not constitute an enterprise under the Fair Labor Standards Act.  Volunteer does not engage in ordinary commercial activities that have a business purpose for Nonprofit. Volunteer further acknowledges that he or she volunteers his or her contributions located exclusively on the small, local horse farm known as Five Filly Farm in Huntersville, North Carolina, an agritourism facility under North Carolina law, and that Volunteer is not engaged in interstate commerce or in the production of any goods for interstate commerce or in any closely-related process or occupation directly essential to such production.

2.         Non-Profit Organization.  Volunteer acknowledges and understands that he or she is solely volunteering for the Nonprofit and not volunteering or working for any individual property owners, landlords, tenants, or other businesses or organizations in any way affiliated or related to the buildings, property, location, or simultaneous organizations operating at Five Filly Farm, including but not limited to the Released Parties (as defined herein).  Various different individuals and organizations are affiliated with Five Filly Farm and Volunteer understands and acknowledges that he or she is not doing any work as an employee or contractor or volunteer for such third parties and is solely and exclusively volunteering on a part-time basis for the Nonprofit.

3.       Activities.      Volunteer understands that Five Filly Farm is a privately owned agritourism facility that excludes general members of the public from general access and working with the property or animals.  Volunteer may be permitted to engage in various farm or animal or community related activities involving the beautiful outdoors, land, and animals and facilities of Five Filly Farm at the discretion of the Nonprofit.  This privilege is granted in the complete and absolute discretion of Five Filly Farm and may be revoked at any time and would not be granted/permitted to Volunteer but for his or her promises in this Agreement.

4.   Limited Access & Trespass. Volunteer is strictly prohibited from accessing Five Filly Farm outside of the limited time periods and limited physical locations of privileged access granted by Five Filly Farm.  Volunteer is strictly prohibited from accessing the private agritourism facility at any time outside of the limited, approved times for volunteers and/or outside of the limited physical spaces dedicated to Volunteer’s activities.  Access outside of these times or locations constitutes unauthorized trespass upon private property and Volunteer is hereby notified that this is strictly unauthorized and prohibited.

5.  Photography/Private Property. Volunteer acknowledges and understands that Five Filly Farm hosts a variety of community operations, events, organizations, and visitors and that personal photography, video, or other types of recording devices can jeopardize the privacy and/or safety expectations of the individuals, animals, or private property located at Five Filly Farm.  Cameras or video or other recording devices are strictly prohibited from use by Volunteer at Five Filly Farm unless expressly authorized in advance by the Nonprofit.  Any pictures, videos, or other recordings depicting Volunteer or activities at Five Filly Farm are strictly the property of Five Filly Farm, and the Nonprofit prohibits the use or disclosure of these materials.  Volunteer understands and acknowledges that the Nonprofit may from time to time photograph or video Volunteer during their time at Five Filly Farm, which may be used for any lawful purpose by the Nonprofit or its affiliated visitors and organizations, and Volunteer expressly consents to such use and disclosure of all photographic or video material that utilizes the image and likeness or other similar characteristics or depictions of Volunteer.

6.      Release of Liability.  Volunteer has fully reviewed and understands the Waiver/Release of Liability form enclosed.  This Five Filly Farm Agritourism Participant Agreement has been fully executed and incorporated herein.

WARNING

Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity.  Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death.  You are assuming the risk of participating in this agritourism activity.

AGRITOURISM PARTICIPANT AGREEMENT

WAIVER OF LIABILITY, INDEMINFICATION, AND ASSUMPTION OF RISK AGREEMENT

Waiver of Liability: In consideration for permission to enter Five Filly Farm (a private agritourism property located in Huntersville, NC operated by Five Filly Farm, LLC and/or the Released Parties as defined herein) and participate in the activity of Agritourism and other related activities at Five Filly Farm, including but not limited to as a nonprofit volunteer or third party guest or visitor, I, on behalf of myself, my family members, my heirs, personal representatives, executors, administrators, trustees, and/or assigns, along with anyone claiming by or through or on my or their behalf (individually or collectively the “Releasor(s)”) do hereby agree to RELEASE, ACQUIT, WAIVE, and FOREVER DISCHARGE Five Filly Farm, LLC, Five Filly Properties, LLC, Five Filly Foundation, Inc., Quest Provider Services, LLC, Autism 360, and each of its/their predecessors, successors and assigns, parent entities, subsidiary entities, affiliated entities, and its/their officers, partners, members, attorneys or agents, insurers, volunteers, or employees or family members of such officers, partners, members, attorneys or agents, volunteers, or employees (individually or collectively the “Released Parties”)  from  any  and  all  liability,  claims, injuries, harm, demands, actions, causes of action, damages, costs, attorneys’ fees, expenses, and compensation whatsoever, of whatsoever kind or nature, in law or equity or otherwise, whether known or unknown, vested or contingent, suspected or unsuspected, arising out of or related to any loss, damage, or injury, including but not limited to serious injury or death, that may be sustained by the Releasors, or to any property or interest owned, maintained, or belonging to or under the control of the same, arising from or in any manner related to any agritourism activity of the Released Parties or any other activity on or about or upon the premises of the Released Parties or before, during, or after such activity or otherwise arising from the activity or premises of the Released Parties, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) OF THE RELEASED PARTIES AND that except in the event of specific claims which, by law, cannot be released or waived, I COVENANT NOT TO SUE and agree not to bring, make, sue, or file any claims, demands, actions and causes of action, and/or litigation, against the Released Parties for any economic or non-economic or other losses or damages due to bodily or emotional injury, death, and/or property or any other damages sustained by the Releasors.

Indemnification: I, on behalf of myself and/or the Releasors, AGREE TO INDEMNIFY AND HOLD HARMLESS Five Filly Farm and the Released Parties from any loss, liability, damage, or costs, including court costs and reasonable attorneys' fees that the Released Parties may incur due to either 1) my participation in activities at or related to Five Filly Farm or the Released Parties, whether caused by ordinary negligence or otherwise, to the fullest extent allowed by law or 2) my failure to comply with and breach of the terms of this Agreement.

Assumption of Risk/Voluntary Nature: I, on behalf of myself and/or the Releasors, am fully aware and understand there are inherent risks involved in agricultural, equestrian, equine husbandry, agritourism or other similar/related activities conducted at Five Filly Farm, which risks may result in bodily injury, physical harm, damage to property, and even death to participants, visitors, and spectators or other third parties, which may occur in normal participation in or travel to and from or before or after such activities. I acknowledge that the operation of agricultural or equestrian or educational equipment, transits through nature, hiking, climbing, traversing of: nature walks, trees, slopes, hills, fences or nets or wires or ropes, water features, gardens, heights or holes or falls or drops or playground equipment; harvesting of produce or crops, behavior of any domestic or wild animal, and any type of agricultural or agritourism activities or other similar related activities, including educational, recreational, and equine and livestock related activities, conducted at Five Filly Farm contain significant risks of damages or losses that cannot be eliminated and are contingent to some extent upon the ability and judgment of the operator and participant (including the discretion and judgment to not misuse property or equipment) which cannot guarantee safety or eliminate all risks at all times, and that I, on behalf of myself and the Released Parties, expressly assume responsibility for all such risks.  I understand that I have the choice to avoid these risks entirely by avoiding the activities and entrance upon Five Filly Farm, however, I knowingly and voluntarily have weighed these risks and choose to assume such risks because I choose to benefit from the activities and entrance upon Five Filly Farm.  I understand that “inherent risks of agriculture activities” under North Carolina law specifically means those dangers or conditions which are an integral part of Five Filly Farm activities, including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations.  Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution before, during, or after or while engaged in the agritourism activity.

Miscellaneous: This Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina and I agree, on behalf of myself and the Releasors, that the state or federal courts situated in Mecklenburg County, North Carolina shall constitute the exclusive forum for any claims brought against Five Filly Farm and/or the Released Parties in any manner arising from the activities contemplated in this Agreement.  I/we consent to the exclusive, personal jurisdiction of such courts over me/us in the matter and waive any objection to the forum/venue in such claims. 

IN SIGNING THIS PARTICIPATION AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I fully understand its terms and conditions. I understand that I am giving up substantial rights, including my right to sue for injuries resulting from the inherent risks of agricultural or agritourism activities or the active or passive negligence of the Released Parties.  I further acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by the Released Parties, to the greatest extent allowed by law.

*If a participant is a minor (less than 18 years of age), the parent or legal guardian signature above indicates full understanding of the above terms and, as may be permitted by law, is waiving both the  rights  of  the  minor  participant  and  the  rights  of  the  parent/guardian  pursuant  to  this Agreement.  The parent/guardian specifically acknowledge(s) that they are executing this Agreement so that their minor child can participate in the extracurricular, educational, and voluntary activities of Five Filly Farm and that these activities constitute both Agritourism activities under North Carolina law and constitute both commonplace, child oriented community educational activities and/or research based therapeutic treatment for Autism Spectrum Disorder for which a parent/guardian may waive his or her minor child’s litigation rights in authorizing the child’s participation.

Please fill out the following form with the volunteer's information. If under 18, please list guardian name and phone number below.