THE FARM

    2820 State Route 63
    Lebanon, Ohio  45036

    CABIN USE AGREEMENT AND WAIVER OF LIABILITY

    Upon the terms and conditions herein stated, this Cabin Use Agreement and Wavier of Liability (“Agreement”) is entered into between 2820 Holdings LLC (on behalf of itself and its affiliates, “Manager”) and the Guest identified below (“Guest”).

    1. Property: This Agreement entitles the Guest and their guests to utilize The Farm, a recreational facility which consists of a cabin, pond, barn, and walking trails, located at 2820 State Route 63, Lebanon, Ohio (directions available on request).
    2. Manager: For emergencies, contact Kathy Taylor at (513) 288-5716.
    3. Check-In/Check-Out Procedures:
      1. Check In:
        1. Employee: A badge will be provided that will provide access to open the gate and open the cabin on the date / hours of the reservation.
        2. Cabin: Enter the cabin using the single door at the left side of the cabin using your badge.
        3. Gate: Instructions are in the Cabin to lock the Gate in the open position.
        4. Parking Area Lights: A switch is located in the barn inside the right side door.
      2. Check Out:
        1. Cabin lights must be turned off.
        2. TV and stereo must be turned off
        3. All perishable food and drink removed from cabin and refrigerator.
        4. All trash must be bagged up and placed in the trash receptacles located to the back of the cabin.
        5. Fires in the cabin fireplace or on the pond island must be extinguished. Fireplace flue must be closed.
        6. Paddle Boat must be out of the pond in the grass and life jackets must be returned to the cabin.
        7. All three cabin doors must be shut and locked.
        8. Exit the Cabin using the single door with badge reader. It will lock when shut.
        9. Parking Area lights must be turned off.
        10. Barn lights must be turned off.
        11. Gate must be closed.  If gate has been locked in the open position, follow the gate instructions posted in the Cabin to switch gate to the closed position.
    4. Food and Beverages: Food and beverages may be carried into the farm by Guests. No food or drink will be provided by the Manager. A sink, refrigerator and coffee pot are available in the cabin. All non-perishable food and drink must be removed from the cabin / refrigerator upon departure.
    5. Use of the Pond: The pond is stocked with fish, and fishing is permitted. We ask that all fishing be performed on a catch and release basis. During winter months when the pond is frozen, do not attempt to walk onto the pond ice or ice skate. Swimming is prohibited.
    6. Use of the Paddle Boat: All guests using the paddle boat must always wear a life vest while on the boat. Vests are located in the cabin.
    7. Use of Walking Trails: Guests are permitted to use the walking trail around the pond, as well as the walking trails that are to the south and southwest of the pond. Use of any other walking trails located near The Farm are prohibited. Further, any use of electric or motorized vehicles is prohibited throughout the trails. Any guest utilizing the trails is solely responsible for ensuring that no trash or other items are left along the trails. Any excessive damage, including fees related to cleaning the trails, will be the responsibility of the Guest.
    8. Internet Service: The Farm does not provide internet / WiFi service to Guests.
    9. Grilling and Outdoor Cooking: A grill is provided. Guests may utilize their own outdoor cooking equipment, including grills, at their own risk and expense.
    10. Trash: All trash and cleaning of the facility after use is the responsibility of the Guest. All trash must be bagged and placed in the trash receptacles located  behind the cabin. Any remaining trash or excessive messiness will result in cleaning fees being assessed against the Guest.
    11. Lost or Damaged Property. The Manager is not responsible for any items that are lost or damaged during your use of The Farm. As a courtesy, and not an obligation, to the extent the Manager identifies property that is left behind by a Guest, they will seek to identify the owner and arrange for return of the property. If the Guest or other guests at the Farm cause any damage to property of The Farm, the Guest shall immediately notify the Manager of the damage and shall be responsible for the cost of replacement or repair. In the event any property of The Farm is missing at the conclusion of the Guests’ use, the Guest may be responsible for the cost of replacement of the lost property.
    12. Smoking and Use of Illegal Drugs: Smoking inside the cabin or barn and use of illegal drugs, of any kind, is strictly prohibited at the Farm. Smoking debris must be placed in the Witt recpetacle outside the cabin. Any damages to The Farm, including smoke related odors within the premises, will be the obligation of the Guest, and fees to fix any damages will be charged to the Guest. Use of smoking products inside the cabin or barn or use of illegal drugs will terminate any future rights the Guest may have to utilize The Farm.
    13. Firearms: Firearms, of any kind, are strictly prohibited at the Farm. Presence of or use of firearms will terminate any future rights the Guest may have to utilize The Farm.
    14. Pets: Pets are not permitted inside the cabin. Pet owners must dispose of waste properly in the designated on-site container using provided bags.
    15. Campfires: Campfires, or open fires of any kind, are not permitted other than on the pond island. Wood is provided in a rack located between the cabin and the pond. Guests may use the fireplace in the cabin. Ensure that the flue in the cabin fireplace is open prior to starting a fire in the fireplace.
    16. Fireworks: Use of fireworks at The Farm is strictly prohibited.
    17. Noise: All Guests agree to use common sense in keeping noise volume at reasonable levels, and low after dark. Guest is to be mindful that The Farm is located near other residential housing. Guest is expected to be courteous to residents and guests, to be respectful of the rights of others, and to not be noisy, including loud music.
    18. Any police enforcement actions by the City or County are at the sole risk and expense of the Guest and may result in damage cost and/or termination of future rights the Guest may have to utilize The Farm.
    19. Parking: All parking must occur in the designated parking area next to the barn. Parking in front of the barn, in the driveway or elsewhere is strictly prohibited.
    20. Access to Property: Guest understands that the Manager and/or maintenance or service personnel may access the premises for inspections or repairs. Manager or maintenance will provide Guest with a notice they will be there, when feasible.
    21. Reservation Requirements: Reservations may be requested by all current and retired Armor employees. Reservation requests are subject to the following guidelines:
      1. 20+ years of service: Reservation may be booked 6 months in advance
      2. 10+ years of service: Reservation may be booked 4 months in advance
      3. 5+ years of service: Reservation may be booked 2 months in advance
      4. Less than 5 years of service: Reservation may be booked 1 month in advance
      5. Maximum of 1 day per reservation
      6. Maximum of 1 reservation per employee every 30 days
      7. Termination of employment will result in reservation cancellation(s)
      8. MUST be employed for a minimum of 30 days prior to booking
    22. Cancellation: 48 hours’ notice is required for cancellation. Failure to provide 48 hours’ notice without a reasonable justification may result in termination of future rights the Guest may have to utilize The Farm.
    23. Compliance with Laws: Guest agrees to comply with all Local, State and National laws at all times while present on the property and will cause and be responsible for compliance by any invitees with these same laws. Guest shall be responsible for and shall indemnify Manager for any damages caused by any breach of this section.
    24. Attorney’s Fees and Costs: If Manager employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover funds not due, Guest shall be liable for reasonable attorney’s fees and costs incurred by Manager.
    25. General Terms: This Agreement is made in, and shall be governed solely by the laws of, the State of Ohio. Venue for enforcement shall be the Courts of Warren County, Ohio. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status.
    26. RELEASE AND WAIVER OF GENERAL LIABILITY
      1. Release and Waiver. Guest hereby release and forever discharge and hold harmless Manager and its affiliates, including The Armor Group, Inc. and their respective owners, officers, directors, agents, employees, successors and assigns (collectively, the “Releasees”) from any and all liability, claims, and demands of whatever kind and nature, either in law or in equity, which arise or may hereafter arise from Guest or their guests’ activities with and at The Farm. Guest understands that this Release Agreement discharges the Releasees from any liability or claim that Guest or farm guests may have against the Releasees with respect to all damages including, but not limited to, any bodily injury, personal injury, illness, death, or property damage, that may result from Guest or their guests activities with or at The Farm, whether caused by the negligence of the Releasees, or otherwise. Guest also understand that, as part of offering its use of The Farm, the Releasees do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
      2. Assumption of the Risk. Guest understands that the activities at The Farm may include injury from falls, drowning, exposure to inclement weather, exposure to cold water, injury from animal or insect bites, cuts and abrasions from normally occurring elements, and other risks that may not be foreseeable. Guest hereby expressly and specifically assume the risk of injury or harm in the activities and release the Releasees from all liability for injury, illness, death, or property damage resulting from the activities of Guest or their guests at The Farm.
      3. Indemnification and Hold Harmless. The undersigned agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS the Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages, and other liabilities including, but not limited to, attorney’s fees and costs, arising from, or in any way related to Guest or their guests’ attendance or participation in the activities conducted on or at The Farm, whether asserted by the undersigned or another guest.
      4. Other. Guest expressly agrees that this Release Agreement is intended to be as broad and inclusive as permitted under the laws of the State of Ohio, and that this Release Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio. Guests agrees that in the event that any clause or provision of this Release Agreement shall not otherwise affect the remaining provisions of this Release Agreement, which shall continue to be enforceable.
      5. Voluntary Execution. The undersigned has read this Agreement, including the Release and Waiver of General Liability, and has had the opportunity to ask questions about the same. The undersigned fully understands that through the execution of this Agreement, including the terms of use of The Farm and the assumption of risk, release and waiver of liability, and indemnity agreement, that the undersigned is giving up substantial rights in connection therewith, and that the terms are contractual, and not a mere recital. The undersigned acknowledges that they are signing this Agreement freely and voluntarily.

     

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