* * * * PLEASE READ THIS DOCUMENT CAREFULLY * * THE MAiZE, Inc., DBA CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST (“CORNBELLY’S”) PARTICIPANT ARBITRATION, INDEMNIFICATION, WAIVER, GENERAL RELEASE, AND ASSUMPTION OF RISK AGREEMENT (“AGREEMENT”)

LEGAL RIGHTS: By accepting this AGREEMENT, I understand that I am waiving certain rights for myself and the minors named herein, including the right to pursue any legal action or claim.

AUTHORIZATION TO ACCEPT: By accepting this AGREEMENT, I represent, under penalty of perjury, that I am actually authorized to accept this AGREEMENT on behalf of all individuals named herein, and I am authorized to waive any rights held by those individuals to pursue a claim or legal action against CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST, including any of its owners, affiliates, agents, employees, insurers, vendors, and suppliers. I acknowledge and understand that CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST is relying upon this representation before allowing participants to enter and use this facility. I further understand, acknowledge, and agree that any fraudulent or inaccurate representation in this AGREEMENT may subject me to certain obligations and legal action, including but not limited to defense and indemnification, fraud, and trespass. I understand that accepting on behalf of a minor without legal authority may result in legal penalties, including personal liability for claims brought by or on behalf of the minor.

Personal Responsibility: In order to gain access to any of the facilities at CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST’s premises, including, but not limited to, the interior and exterior of the CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST farm structures/ buildings, snack stands, restrooms, event spaces, haunted scenes, reduced/altered/theatrical/laser lighting, and special effects lighting (the “PREMISES”), and/or to participate in or use CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST’s equipment, services, or activities, including but not limited to, agrotourism activities, live animals, air powered hand guns and cannons, bungee jumping, carnival games, dry slides, engine powered trains and tractors rides, mechanical rides, open flame campfires, ropes climbing, climbing exhibits, trampolines, ball games, swings, jumbo jumping pillows, and zip line  (collectively, “ACTIVITIES”), I/we certify that I/we: 

1. have no physical or mental limitations or conditions, including pregnancy, that would prohibit or impair participation in the ACTIVITIES;

2. am/are not intoxicated or taking any prescription or non-prescription drugs that would prohibit or impair participation in the ACTIVITIES; 

3. am/are not participating in the ACTIVITIES against the advice of any medical professional; 

4. will exercise my/our sole judgment to determine my/our levels of fitness, skill, and health to participate in ACTIVITIES;

5. will only participate in ACTIVITIES for which I/we have sufficient skill to avoid injury;

6. understand and will abide by all rules established for all ACTIVITIES, including, without limitation, all verbal instructions, Safety Rules, and posted signage at the PREMISES, and I/we have had the opportunity to ask questions; 

7. acknowledge and understand that, outside of the verbal instructions, Safety Rules, and posted signage at the PREMISES, CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST does NOT provide guidance or instruction for how to use the ACTIVITIES;

8.  acknowledge and understand that I or an adult under my direction shall be responsible for closely watching and supervising all individuals named herein at all times while on the PREMISES or participating in the ACTIVITIES and for making sure all individuals named herein are using the PREMISES and participating in the ACTIVITIES in a safe manner, and are following all rules at all times; 

9. acknowledge that CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST offers access to unstaffed ACTIVITIES, and it is my/ our sole responsibility to ensure that I/we are participating in those ACTIVITIES in a safe manner;

10. acknowledge and understand I/ we consent to receiving jump scares or surprises during my/our participation in the “Insanity Point” experience; and

11. accept sole responsibility for my/our own conduct and actions, as well as the conduct and actions of each other, while participating in the ACTIVITIES, and I/we will not rely solely on the supervision and/or monitoring provided by CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST 

RELEASE OF LIABILITY: Despite all known and unknown risks, including but not limited to, serious bodily injury, permanent disability, paralysis, and death, that may be sustained while on the PREMISES, I, on behalf of myself, and all individuals named herein, including minor children, and our respective wards, heirs, assigns, personal representatives, and estates, if any (collectively, the “RELEASORS”) hereby expressly, unconditionally, and voluntarily agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, employees, independent contractors, insurers, facility operators, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST’s behalf, including suppliers, designers, installers, vendors, or manufacturers of any farm, animal, or ACTIVITY equipment, foam pit material, airbags, or such other material and equipment at the PREMISES (collectively, the “RELEASEES”), from any and all liability for any causes of action, suits, sums of money, controversies, damages, judgments, claims, or demands, whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the RELEASEES while the RELEASORS are on or about the PREMISES, participating in, or as a result of participating in, any of the ACTIVITIES on or about the PREMISES, and/or using any items purchased on or about the PREMISES, regardless of how any claim or accident may occur and whether the action arises out of any damage, loss, personal injury, emotional injury, or death to the RELEASORS. This release of liability is effective and valid regardless of whether the damage, loss, personal injury, emotional injury, or death is a result of any negligent act or omission by the RELEASEES. This release of liability further includes any claims for first-aid or medical treatment provided (negligently or otherwise) or failed to be provided by the RELEASEES.

ASSUMPTION OF RISK: The RELEASORS acknowledge they: 

1. are voluntarily participating in the ACTIVITIES, which the RELEASORS agree are dangerous, with both known and unknown inherent risks that cannot be alleviated without changing the nature of the ACTIVITIES, including, but not limited to, risk of bruises, sprains, dislocations, fractures, animal or insect bites, unpredictable animal behavior, exposure to pathogens from animals or animal feed/ waste, sprained or torn ligaments, and other bodily trauma and injury(ies), emotional trauma or injury, paralysis and/or permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained activity monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; any illness, including, but not limited to, known or unknown infectious and/or communicable diseases, epidemics, and/or pandemics, or known or unknown intentional or negligent failure to quarantine without regard to declarations made or not made by federal, state, or local authorities; colliding with fixed objects or other people; or negligence, errors, or omissions by the RELEASORS, the RELEASEES, and/or any other person or entity while on the PREMISES; 

2. voluntarily assume all risks related in any way to the ACTIVITIES, including but not limited to those listed in the preceding paragraph; and 

3. understand and acknowledge that CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST does not manufacture the equipment located at the PREMISES but purchases and/or leases the equipment from other parties over which it does not have control, and therefore, CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST shall not be held liable for defective products or equipment.

COVENANT NOT TO SUE: The RELEASORS agree that the RELEASORS WILL NOT SUE OR MAKE A CLAIM against the RELEASEES, expressly including the owner and operator of the PREMISES as well as the employees working at the PREMISES, for damages or other losses sustained as a result of my or the minor(s) identified below participating in the ACTIVITIES. 

DEFENSE AND INDEMNIFICATION: The RELEASORS hereby agree to defend, indemnify, and hold harmless the RELEASEES from and against any and all losses or liability, claims, obligations, costs, damages, and/or expenses, including attorneys’ fees, arising out of access to or use of the PREMISES and/or participation in or use of ACTIVITIES, including, but not limited to, any losses, injury, damages, or claims caused by, resulting from, or related to, in any way, the negligence or fault of any RELEASORS, or any losses, damages or claims caused by, resulting from or related to, in any way, the negligence or fault of RELEASEES,  or any signatory to this AGREEMENT wrongfully representing the signatory’s authority to accept this AGREEMENT. The scope of this Defense and Indemnification provision includes but is not limited to, any actions or suits brought by or on behalf of a minor named herein. Indemnification herein includes any and all attorneys’ fees, costs, damages, and/or judgments incurred. 

LIABILITY FOR PROPERTY: The RELEASORS agree that the RELEASEES are not liable for any personal property that is damaged, lost, or stolen while on or about the PREMISES, including, but not limited to, a vehicle or its contents, or any property in a locker, whether or not the RELEASEES were negligent. 

PHOTOGRAPHY/VIDEO RELEASE: By entering the PREMISES, the RELEASORS acknowledge that the RELEASORS and all individuals named herein, including minor children, hereby grant to CORNBELLY’S LEHI CORN MAZE & PUMPKIN FEST and CORNBELLY’S SPANISH FORK CORN MAZE & PUMPKIN FEST the irrevocable right and permission to photograph and/or record video of RELEASORS on the PREMISES and to use all such photographs and/or recordings for any lawful purpose, including, without limitation, for advertising, promotional, and other commercial purposes, in any manner, and all media now or her