HOLD HARMLESS WAIVER

Vendor Liability Waiver and Hold Harmless Agreement

This Agreement is made by and between Sunshine Mountain Vineyard, located at 2286 Sunshine Mountain Road, San Marcos, CA 92069, San Marcos, CA and agreeing '“Vendor”, listed in the form below, whereas Vendor has been hired to provide services on the grounds of Sunshine Mountain Vineyard;

In consideration of the mutual covenants and agreements herein contained, it is hereby agreed as follows:

  1. Acknowledgment and Acceptance of Risk: Vendor acknowledges that the performance of services on the Company grounds may have inherent risks. Vendor accepts all risks associated with the use of the Company grounds and assumes full responsibility for any risks or loss, property damage, or personal injury, including death.

  2. Release of Liability: Vendor does hereby release, waive, and discharge the Company, its owners, representatives, and all of their successors from any and all claims, demands, liabilities, rights, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of Vendor's use or intended use of the Company's grounds.

  3. Indemnification: Vendor agrees to indemnify and hold harmless the Company, its owners, representatives, and all successors from and against any loss, liability, damage or costs, including court costs and attorney’s fees, that they may incur due to the Vendor's presence or operations on the Company's grounds, whether it is caused by the negligence of the Vendor or otherwise.

  4. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns as permitted by law.

  5. Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes under this Agreement may be brought in the state courts and the Federal courts located in the State of California, and the parties hereby consent to the personal jurisdiction and venue of these courts.

  6. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

Vendor has executed this Release as of the day and year written in provided form below.