IMPORTANT: THIS IS A LEGAL DOCUMENT FOR NICHOLS RANCH AND ORCHARDS, INC. AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “NICHOLS RANCH”). PLEASE READ CAREFULLY AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING THIS RELEASE, ASSUMPTION OF RISK, PERMISSION AND INDEMNITY AGREEMENT. THIS IS A BINDING LEGAL AGREEMENT AND BY SIGNING IT YOU ARE WAIVING CERTAIN LEGAL RIGHTS. WAIVER AND RELEASE OF LIABILITY READ CAREFULLY BEFORE SIGNING I agree to this Waiver, Agreement and Liability Release (hereafter, “Agreement”) with NICHOLS RANCH LLC, a New Mexico Limited Liability Company, d/b/a Nichols Ranch and Orchards (hereafter, “Nichols Ranch” and “NRO”), as a condition for its allowing me and the persons identified below to do any or all of the following at any time and at any location: enter and be on any part of the NRO’s property, facilities, barns, orchards, pastures, ponds, fields, trails, observation areas, and surrounding land (hereafter, “NRO Property”); participation in activities, events, U-Pick fruit harvesting, tours, observation, and use of facilities, premises, orchards, or equipment at Nichols Ranch or Nichols Ranch organized events on or off of the NRO Property. All of these activities, individually and collectively, will hereafter be referred to as “The Activities.” WAIVER AND RELEASE OF LIABILITY. In consideration of permission to use, today and on all future dates, Nichols Ranch’s facilities, premises, orchards, fields, and equipment, I (the visitor, participant, or customer), for myself, my heirs, personal representatives or assigns, and/or child(ren)/ward(s), do hereby waive, release, discharge, and covenant not to sue Nichols Ranch, its directors, officers, employees, affiliates, subsidiaries and agents from liability from any and all claims including negligence of Nichols Ranch resulting in personal injury, accidents, illness, death, and/or property loss arising from, but not limited to, individual use and/or participation in activities, events, U-Pick fruit harvesting, tours, observation, and use of facilities, premises, orchards, or equipment at Nichols Ranch or Nichols Ranch organized events. ASSUMPTION OF RISKS. I understand that although Nichols Ranch has taken reasonable steps to provide me with appropriate facilities and/or equipment to undertake the activities specific to the facilities, orchards, and premises of Nichols Ranch, there are certain risks that are inherent to a farm and ranch that may not, or cannot, be completely eliminated. I understand that the facilities and activities offered by and through Nichols Ranch may be physically demanding, dangerous, and involve risks of illness, injury, and/or death. I hereby assert that my participation in the activities at, and usage of, Nichols Ranch’s facilities is voluntary and that I knowingly assume all such risks for myself and on behalf of my child/ward. I understand that injuries or damages may include, but are not limited to (a) major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages (“injuries”) to me, minor(s), or guest(s); (b) death, paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments/tendons, joint problems or injuries, broken bones, allergic reactions, insect or animal bites/stings, burns, sprains, bruises, and/or scrapes; (c) aggravation of pre-existing injuries or medical conditions; (d) pain and suffering; (e) loss of consortium, love, affection, comfort, companionship, or care; (f) emotional distress, embarrassment, humiliation, or shock; (g) lost wages or lost earning capacity; (h) lost, stolen, misused, or damaged property or information; (i) risks associated with uneven terrain, weather conditions, farm machinery, ladders or picking tools, plants, fruits, or natural elements; and (j) any other disability, impairment, incapacity, injury, or damage. INSURANCE, MEDICAL TREATMENT, AND PREEXISTING MEDICAL CONDITIONS. I have adequate health insurance or funds to cover the costs of treatment in the event of an injury and I agree to be personally responsible for all costs of any emergency or other medical care that I may suffer while engaging in activities at Nichols Ranch’s facilities and/or premises. I also agree to indemnify, release, waive, and hold harmless Nichols Ranch (and any of its officers, directors, employees, agents and affiliates) from the cost of any medical care that I receive as a result of participation in activities at Nichols Ranch’s facilities or premises, whether requested by me or Nichols Ranch. I represent that I am in good physical condition and free from known heart, respiratory, or other health problems that could limit or prevent me from safely participating in activities at Nichols Ranch’s facilities, premises, including any allergies to plants, fruits, insects, or outdoor elements. USE PERMISSION AND RELEASE. I hereby give Nichols Ranch and its agents, affiliates and designees permission to use or distribute, without limitation or obligation, my image, name, voice, and words for any purpose connected with Nichols Ranch, including promotional, marketing, training, informational, and archival uses. I understand and agree that all photos and other materials will become the property of Nichols Ranch and will not be returned. I hereby irrevocably authorize Nichols Ranch to edit, alter, copy, exhibit, publish, or distribute these photos and materials for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo, image, name, voice or words. I hereby hold harmless, release, and forever discharge Nichols Ranch from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. INDEMNIFICATION AND HOLD HARMLESS. I agree to indemnify, defend, and hold harmless Nichols Ranch, its directors, officers, employees, agents, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees—see below) due to, arising out of, or related in any way to my participation in activities at or use of equipment of the facilities or premises of Nichols Ranch. I (the visitor, participant, or customer) agree to pay any and all attorney fees and/or costs incurred by Nichols Ranch in enforcing this Agreement. I agree to defend, indemnify, and hold Nichols Ranch harmless to the fullest extent permitted by law from and against any claim (including any negligence claim) asserted against Nichols Ranch by any other person (including visitor, participant, customer, guest, family member, or any other person or entity) arising out of, resulting from, or caused by the use of Nichols Ranch premises and/or services by me, minor(s), or guest(s). I agree that to defend Nichols Ranch means that I will pay any settlement, judgment, or other damages, fees, or costs of any type incurred by Nichols Ranch to resolve the claim. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remaining provisions of the Agreement shall, notwithstanding, continue in full force and effect. CONSENT TO ARBITRATION. I (the visitor, participant, or customer) agree to arbitrate all disputes arising from this Agreement. Arbitration prevents me from suing in court and having a jury trial. I also agree that any arbitration will occur in the state where Nichols Ranch is located, in a venue chosen by a representative of Nichols Ranch, and will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association. OTHER. I understand that I must use proper clothing and equipment in activities related to, or made available through usage of Nichols Ranch’s facilities, premises, orchards, and equipment. I take personal responsibility for myself and/or my child(ren)/ward(s) to ensure properly fitting clothing, footwear, hydration, alimentation, and equipment used in my use of Nichols Ranch’s facilities, premises, and equipment. I agree to follow all posted rules, signs, and instructions provided by Nichols Ranch staff. MINOR RELEASE (if applicable). I, the minor(s) visitor’s/participant’s/customer’s parent and/or legal guardian, understand the nature of the activities offered by and at Nichols Ranch’s facilities, along with the minor(s) visitor’s/participant’s/customer’s experience and capabilities, and I believe the minor(s) to be qualified, in good health, and in proper physical condition to participate in such activities. I hereby release, discharge, covenant not to sue, and agree to indemnify and hold harmless Nichols Ranch from all liability, claims, demands, losses, or damages on the minor(s) visitor’s/participant’s/customer’s account, caused or alleged to be caused in whole or in part by the negligence of Nichols Ranch or otherwise, including negligent rescue operations and further agree that if despite this release, I, the minor(s) visitor/participant/customer, or anyone on the minor(s) visitor’s/participant’s/customer’s behalf makes a claim against Nichols Ranch or any of its agents, I will indemnify and hold harmless Nichols Ranch from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim. ACKNOWLEDGMENT OF UNDERSTANDING. I, THE PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANT HAVE CAREFULLY READ ALL OF THESE AGREEMENT TERMS AND FULLY UNDERSTAND THEIR CONTENT AND AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN NICHOLS RANCH AND ME, THE PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANT. I AM OF A SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO READ AND UNDERSTAND THIS DOCUMENT. I HAVE BEEN GIVEN AN OPPORTUNITY TO DISCUSS THIS DOCUMENT AND ITS CONTENTS WITH MY LEGAL COUNSEL BEFORE SIGNING.