This event is weather permitting. If we cancel due to wet or rainy conditions, you will receive a refund.
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
This Hold Harmless and Indemnification Agreement (“Agreement”) is entered into this day you purchase a ticket by and between Weaver’s Orchards, Inc., hereinafter referred to as "Weaver’s" and any event goer having a ticket to the event, hereinafter referred to as "participant".
Background
Weaver's, located at 40 Fruit Lane, Morgantown, Pennsylvania 19543, is a family-owned farm that offers seasonal event hosting on its property, providing participants the opportunity to attend these events.
Weaver’s has authorized participant to be on the property and attend the event of line dancing nights for the day and time of the tickets each participant purchases. NOW, THEREFORE, AND INTENDING TO BE LEGALLY BOUND HEREBY, and in consideration of the mutual terms, conditions, and covenants set forth herein, the parties agree as follows:
1. Background. The parties hereby certify, acknowledge, and agree that the Background sections set forth above are accurate and constitute an integral part of this Agreement, and thus incorporated herein by reference thereto.
2. Use of Property.
Weaver’s reserves the right to evaluate the appropriateness of the participant behavior. Participant must be considerate of other persons using other areas of Weaver’s. Appropriate noise levels must be observed. Any and all illegal activities are prohibited.
3. Participant Responsibility.
Participant assumes full and complete responsibility for themselves. Participant hereby assumes full liability for any and all damage and injury occurring to people or personal property while on Weaver's Orchard property but shall report any such damage or injury to Weaver’s administration.
4. Indemnification.
Participant shall indemnify, defend and hold harmless Weaver's, its shareholders, officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to (a) any breach by participant of any representation, warranty or covenant contained in this Agreement; (b) any act or omission of Participant; (c) the negligence, misconduct or violation of applicable law by Participant; or (d) any personal injury, death or property damage caused by Participant. This indemnification shall survive the termination of this Agreement.
5. Governing Law.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.
6. Entire Agreement.
This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior or contemporaneous agreements, understandings, statements, representations and warranties relating thereto.
7. Severability.
The provisions of this Agreement shall be severable. If any provision of this Agreement is found to be illegal or unenforceable for any reason, such finding shall be limited to the provision so found and such finding shall have no effect on the remaining portions of this Agreement, which shall remain in full force and effect
IN WITNESS WHEREOF, the parties executed this Agreement on the date first written above.