Waiver

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, relatives, or heirs, and for minor children, acknowledge the risks inherent being in a field or orchard, using agricultural equipment, or disregarding rules established to minimize the risk of injury while doing so. THEREFORE, THE UNDERSIGNED EXPRESSLY AGREES TO THE FOLLOWING: I. 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 soil, the trees, or the crops growing from it, and release any person or entity who is otherwise responsible for these conditions. 2. I will not climb any 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 MY MINOR CHILDREN, HEREBY ASSUMES THE RISK OF USE OF THE PREMISES AND EQUIPMENT PROVIDED, COVENANTS NOT TO SUE, AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE OWNERS, MANAGERS, THEIR AGENTS AND EMPLOYEES, EVEN IF ACTIVELY NEGLIGENT, FROM ANY LOSS, LIABILITY, DAMAGE OR COST INCURRED BY THEM.