Waiver and Release of Liability

Activity: Quartz Crystal Excavation & Rockhounding

Location: Flourish Farm (The Cottage at Flourish Farm)

Released Parties: Michael Keith, Amanda Keith, and Flourish Farm

This Waiver and Release of Liability (the “Agreement”) is entered into by the undersigned guest (“Participant”) in favor of Michael Keith, Amanda Keith, and Flourish Farm (collectively, the “Released Parties”).

1. Assumption of Risk

Participant understands and acknowledges that excavating, digging, and cleaning quartz crystal clusters in and around the designated crystal pit on the property involves inherent risks, dangers, and hazards. These risks include, but are not limited to: exposure to sharp rocks, crystals, and tools; falling rocks; uneven, unstable, steep, or slippery terrain; physical exertion; dirt and debris; insects or wildlife; and the risk of cuts, scrapes, fractures, or other bodily injury. Participant voluntarily assumes all such risks, both known and unknown, associated with this activity.

2. Rules of the Crystal Holler

Participant agrees to comply with all stated and posted rules, including but not limited to:

Excavating is only permitted in the explicitly designated crystal pit area.
Appropriate closed-toe footwear and protective gloves are highly recommended.
Only approved manual tools may be used; no heavy machinery is permitted by guests.
Children must be strictly supervised by an adult at all times while in or near the pit.
Participants must have paid the applicable access fee prior to commencing any digging.
Only (1) provided bucket full of material can be taken home.

3. Release of Liability and Waiver

In consideration for being permitted to access the crystal pit and engage in rockhounding activities, Participant, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby releases, waives, and forever discharges the Released Parties from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or to any property belonging to Participant, while participating in the activity or while on the premises of Flourish Farm.

4. Indemnification

Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, or liabilities (including attorney’s fees) arising directly or indirectly from Participant’s involvement in the crystal excavation activity or any breach of this Agreement.

5. Governing Law

This Agreement shall be construed in accordance with the laws of the State of South Carolina. If any portion of this Agreement is held invalid, the remainder of the Agreement shall continue in full legal force and effect.

I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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Thank you for your response. ✨

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Minors

Note: You may only sign on behalf of minors for whom you are the parent or legal guardian. Other minors must have a waiver signed by their own parent or guardian. Please list any present minors you are responsible for.

I have read, fully understand, and agree to the Waiver and Release of Liability. By checking this box, I am providing my legally binding electronic signature for myself and on behalf of any/all minors listed above, and I agree to all crystal pit rules.