Terms of service

Waiver of Liability, Assumption of Risk and Indemnity Agreement

I, the undersigned, hereby knowingly and voluntarily agree to act as the representative for my

party and to agree to the following Waiver of Liability, Assumption of Risk and Indemnity

Agreement (“Agreement”) with Roca Berry Farm, INC and Salt Creek MGMT, LLC

(“Company’s), as a condition for allowing me and my party to be present on the Premises and

participate in all or any of the activities offered by Company’s which may include but are not

limited to, slides, hayride/wagonride, barrel coaster, mechanical carnival rides, obstacle course,

vendors, dining, or other special events or activities (the “Activities”) located on the Company's

premises located generally at 16531 S. 38th St Roca, Ne 68430 (the “Premises”).

I acknowledge that there are known, unknown, or unanticipated risks involved in my presence

as well as the people within my party on Premises and participating in the Activities, and 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 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 the Company’s. It is my responsibility to notify the

Company’s of any medical concerns that may impact my well-being and my party's well-being

during the Activities. I agree that the Company shall not be liable in any way for

damages,injuries, sickness or loss to any person or property as a result of my participation and

my party'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 participation and my party’s participation in activities and classes offered by Company’s. 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 my

participation and my party’s participation in the above, and I knowingly and voluntarily agree to

assume such responsibility as a condition to 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’s 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 AGREEING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE

TERMS OF THIS AGREEMENT AND THAT IT APPLIES TO ME,MY CHILDREN, MINOR

GUESTS, AND ANYONE ELSE INVOLVED IN MY PARTY. I AM VOLUNTARILY GIVING UP

SUBSTANTIAL LEGAL RIGHTS,INCLUDING THE RIGHT TO SUE THE COMPANY.