Photo Session in the Irises at Calhoun Flower Farms

La Mesa

Disclosed in email, 88044, La Mesa, NM, United States

Calhoun Flower Farms

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We are sisters Susannah and Lillian Calhoun, and along with our mother Diane Bigbee Calhoun, we grow cut flowers in southern Dona Ana County.Thanks to our extended growing season and diverse plantings, we grow a variety of incredibly beautiful, seasonal flowers and foliage that can be found in stunning designs at our farm events, local grocery stores/cafes, florists' shops, and home tabletops.Our “roots” are in New Mexico agriculture – the Bigbees homesteaded in Torrance county in 1907, and the Calhouns have been farming in the Mesilla Valley since the 1920’s. We strive to carry on the agricultural traditions of our families and give consumers a locally grown option for floral enthusiasts.WAIVERS:note: WHEN purchasing a ticket you are contractually binding these two waivers that release the individual owners and business entities of Esslinger Farms Inc. and Calhoun Flower Farms. Below are waiversCFF 23-24'ACTIVITYWAIVER + RELEASECALHOUN FLOWER FARMSPlease read carefully. This is a legal document.The undersigned individual or company (hereafter referred to using "I", "me", "my", "myself", or "Participant")wishes to conduct an activity at House of Knox, LLC, DBA Calhoun Flower Farms ("Calhoun FlowerFarms") during the 2024 season. Participant including but not limited to clients, client's parent/legalguardian, visitors, visitor's parent/legal guardian, volunteers, volunteer's parent/legal guardian all parties ofthe activity understand(s) that participation in the activity on an active farm involves certain risk, including,but not limited to, serious injury, and I am voluntarily participating in the activity with knowledge of anypotential danger involved.On behalf of myself and my family, guardians, estate, beneficiaries, heirs, successors and assigns, allparticipants in my activity and their families, guardians, estates, beneficiaries, heirs, successors and assigns,I and all participants in my activity including legal guardians of minor children hereby release, discharge andforever hold harmless Calhoun Flower Farms and its employees (collectively, the "Organization") from allpresent and future claims or demands for property damage, personal injury, wrongful death and any otherliability of whatever kind that may arise as a result of my and my parties participation in any activities on thefarm. I also agree to indemnify and hold harmless the Organization for all claims arising out of or relating tomy and all parties participation in any activity on the farm. I understand and agree that the Organization isnot responsible for any injury or damage arising out of any activity on the farm, including any injury ordamage alleged to have arisen out of negligence by the Organization.I have disclosed any and all allergies or relevant medical conditions of myself and my party to theOrganization on the Activity Participant Information Form and will provide any updated information. I agreethat Calhoun Flower Farms is not responsible for administering medical treatment of any kind.I hereby irrevocably grant and assign to the Organization all right, title and interest in and to any and allphotographic images and audio or video recordings of me and my party made by the Organization duringthe activity.I understand that if I choose not to wear a mask during my time at the Organization I do so at my own riskand the risk of those around me.I understand that this waiver and release is intended to be as broad and inclusive as permitted by the lawsof the State of New Mexico. I agree that if any portion of this waiver and release is invalid, the remainder willcontinue in full legal force and effect.I am the responsible party for all participants in this activity. I have read and understood this document, andI am freely and voluntarily, and without any pressure or duress, completing this waiver and release onbehalf of myself and the activity Participants. I am of legal age.(see reverse)Anywhere International School 123 Anywhere Street, Any City, State, Country 543212024 ACTIVITYWAIVER + RELEASECALHOUN FLOWER FARMSActivity Participant Information FormEmergency Contact:(Please list the best person + number forus to call in case of emergency.)__________________________________________________________________________Allergies:Please list any allergies or other relevant medical information andparticipant.Participant name:___________________________________Allergy:____________________________________________Participant name:___________________________________Allergy:____________________________________________I, _______________________________________, am visiting Calhoun Flower Farms on the ___ day of______________________________, 2024 for the following activity: __________________________.X______________________________________________ ______________________________Thank you for creating beautiful memories at Calhoun Flower Farms!Esslinger Farms INC.READ BELOWEsslinger Farms Inc.1185 Hwy. 189(Nearest location address)La Mesa, NM 88044Agreement to Assume Risk, Release Liability and IndemnifyI acknowledge and agree that this agreement covers and is intended to release Esslinger Farms Inc., its shareholders,directors, officers, employees and other agents, each owner of the farmland operated by Esslinger Farms Inc. (the“Farm”), and their respective affiliates and insurers (collectively, the “Esslingers”).In consideration of allowing me, my company, or group to participate in a photography/filming, U-Pick, Yoga, or otherevent (the “Event”) on the Farm, I, personally and on behalf of my minor children and spouse, if any (collectivelyreferred to as “us” and “we”), knowingly and voluntarily agree follows:I acknowledge that we are voluntarily using the Farm and participating in the Event, which I understand may bedangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or evendeath, deriving from, but not limited to, (a) slipping, falling, or colliding with fixed objects or other people from walkingor driving on uneven surfaces or surfaces that contain animal burrows, postholes or other holes, dirt borders, ruts,debris such as rocks, fences, construction or other materials, or tree branches; (b) being in close proximity to, or under,an unstable historic building, fence, corral, water tank, or other structure, or farm equipment; (c) exposure to productsand chemicals associated with farming operations or to insects such as bees, mosquitos, and spiders, snakes or otherwild animals; and (d) the negligence by any of us, any of the Esslingers, or any other person. We voluntarily assume allsuch risks. Each of us who will be participating in the Event is physically fit and I know of no medical or health reasonwhy any of us should not participate in the Event.Each of us irrevocably and unconditionally releases the Esslingers, to the maximum extent allowed by law, from anyand all claims or causes of action that any of us may have against the Esslingers after using the Farm or participatingin the Event, as a result of any personal or bodily injury, emotional distress, illness, death, property damage, expenseor other damage of any nature whatsoever that any of us suffers while using the Farm or participating in the Event,including any damage caused by the negligence of any of the Esslingers.Each of us will indemnify and hold the Esslingers harmless, to the maximum extent allowed by law, from and againstany and all losses, liabilities, expenses or other damages of any nature whatsoever incurred or suffered by any of theEsslingers, including but not limited to attorney fees and other litigation-related expenses, as a result of (a) any andall claims or causes of action that any of the rest of us asserts against any of the Esslingers as a result of any personalor bodily injury, emotional distress, illness, death, property damage, expense or other damage that any of us sufferswhile using the Farm or participating in the Event, (b) any and all claims or causes of action that any other personasserts against any of the Esslingers as a result of any personal or bodily injury, emotional distress, illness, death,property damage, expense or other damage that any other person suffers while using the Farm or participating in theEvent that is caused by any of us, or (c) any personal or bodily injury, emotional distress, illness, death, propertydamage, expense or other damage that any of the Esslingers suffers that is caused by any of us. Each of us willindemnify the Esslingers for any attorney fees and costs that any of them incurs to enforce this agreement, includingall costs associated with any collection efforts.We agree not to bring/and or use alcohol or drugs on the property.I agree to supervise and be responsible for minors in my care.Participant’s Name (please print) _______________________________________________________________Participant’s Signature (if Participant is an adult) __________________________________________________Participant’s Parent or Guardian’s Signature (if Participant is a minor) ________________________________Date __________________________________________________________________________