WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

BIRTHDAY/LARGE GROUP
I (parent/participant/chaperone), the undersigned, hereby knowingly and voluntarily agree to the following Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) with Pearson Entertainment, LLC d/b/a Pearson’s Pumpkin Place (“Company”), as a condition for allowing my group to be present on the Premises and participate in all or any of the activities offered by Company which may include but are not limited to, pumpkin patch, hayride/wagon ride, obstacle maze, dining, or other special events or activities (the “Activities”) located on the Company’s premises located generally at 1357 N. 6th Road, Eagle, NE 68347 (the “Premises”).
I acknowledge that there are known, unknown, or unanticipated risks involved in my group’s presence on Premises and participating in the Activities, and on behalf of my group I hereby assume all risk of injury, harm, damage or death in connection with participation in the Activities. I willingly assume the risks associated with my group’s participation and accept that there are also risks that may arise due to other participants. I agree that I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any activity offered by Company. It is my responsibility to notify Company of any medical concerns that may impact my group’s well-being during the Activities. I agree that Company shall not be liable in any way for damages, injuries, sickness or loss to any person or property as a result of my group’s participation in the Activities.
To the fullest extent permitted by law, I agree to release, indemnify, defend and hold Company, its officers, directors, owners, affiliates, successors, assigns and subsidiaries harmless from any loss, expense, liability, claim or injury, including but not limited to attorney’s fees, arising out of my group’s participation in activities and classes offered by Company. This release, indemnification, defense and hold harmless obligations shall apply regardless of whether said accident, loss, liability, expense, claim or injury is the result of negligence, recklessness, or otherwise, to the fullest extent permitted by law. I understand and agree I will be held financially responsible for all damages to property and equipment resulting from participation of my group in the above, and I knowingly and voluntarily agree to assume such responsibility as a condition to my group participating in the Activities.
I acknowledge that I have read this form thoroughly and in its entirety and fully understand that it is a release of liability, and I hereby execute this agreement without coercion. By signing this Agreement, I am waiving any right I have to bring a legal action or claim of any kind against the Company, its officers, directors, owners, affiliates, successors, assigns and subsidiaries as a result of participation of any program through Company. I understand that participation in Company’s Activities and execution of this form constitutes consent for Company to use any film, video, or likeness of participants for any purpose whatsoever, without payment to the participant.
I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Nebraska and that the Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Nebraska. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Nebraska, and I hereby consent to the exclusive jurisdiction of such courts. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT IT APPLIES TO ME, AND EVERYONE WITHIN MY GROUP AND I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.

Parental/Participant/Chaperone Consent
By executing this document, I understand that I will be responsible for everyone within my group.
I, the minors parent/legal guardian/chaperone, understand the nature of the Premises and Activities and know the groups experience and capabilities, and believe the group to be qualified to participate. I hereby acknowledge that this assumption of risk, waiver of release and indemnification also extends to the group, and that I am executing this instrument on behalf of such group with the intent that such child(ren) and parent/guardian/chaperone be bound hereby.