Important Info and Release and Hold Harmless Agreement
We are happy you are able to use our garden, however due to some issues we have had at the garden, we ask that you adhere to the following rules:
- An appointment is always necessary before coming to the garden (except on the day of KV prom). Also, if you are not going to make it to your scheduled appointment, please call or email Tammy to cancel.
- The garden is closed every Sunday.
- The garden does not open until 8 a.m.
- No food or picnics are allowed.
- Mowing days are Tuesdays and Fridays, so there may be mowers in the garden while you are there.
- If you move any furniture or open any doors or shutters, we request that you leave the garden as you found it, so it is ready for the next guest that comes after you leave. Please put everything back exactly as you found it.
- Stay on paths and walkways, and please don’t climb on walls.
- Please do not allow children or anyone to play on the playground equipment or trampoline.
If they do, it will be at their own risk.
- Don’t leave any trash on the ground. There are waste containers located around the property.
- Please report any issues or damage.
- For parking-please turn into the gravel drive by the Hamstra Gardens sign off of Highway 10, then follow that drive to the Hamstra Gardens brick & stone arched gate and park in the grassy area nearby.
- There are two private homes at Hamstra Gardens Please respect their privacy.
- Fishing is not allowed in the pond.
Thank you for your cooperation.
This Agreement is made by and between Wilbert Hamstra and Peggy Hamstra, hereinafter referred to as “HAMSTRA” and the visitor.
WHEREAS, Hamstra is the owner of a private parcel of real estate located at 2042 W. SR 10, Wheatfield, Indiana;
WHEREAS, Hamstra has developed and landscaped their real estate with facilities and gardens;
WHEREAS, Hamstra permits individuals and organizations to utilize their real estate, facilities and gardens for various purposes including taking pictures and walking the grounds;
WHEREAS, Hamstra requires that every individual, entity and organization that are authorized to use their real estate, facilities and gardens to agree for themselves and each individual who attends their events to release Hamstra from any and all liability and hold them harmless from any and all claims and damages;
NOW, THEREFORE IN CONSIDERATION of the mutual promises and covenants contained herein, the parties agree as follows:
- Release. The visitor, on their own behalf, as an authorized agent or representative of any entity or organization which may be set forth below and on behalf of any and all individuals that they may invite or may come upon Hamstra’s real estate in connection with the activities authorized by Hamstra for the visitor to engage upon Hamstra’s real estate hereby releases and forever discharges Hamstra and Hamstra’s real estate from any and all claims, demands, causes of action, suits, liability, damages or judgments which arise out of the use of Hamstra’s real estate for any bodily injury of any kind or any property damage claim.
- Hold Harmless. The visitor, on their own behalf, and authorized representative of any entity or organization, and on behalf of any and all individuals that they may invite or may come upon Hamstra’s real estate in connection with the activities authorized by Hamstra for the visitor to engage upon Hamstra’s real estate further agrees to and shall indemnify and hold Hamstra and Hamstra’s real estate harmless from any and all damages, judgments, costs, expenses and attorney’s fees which Hamstra may incur as a result of any claims, causes of action, demands, suits, liability, damages or judgments arising out of the use of Hamstra’s real estate.
I AM AWARE THAT THIS RELEASE AND HOLD HARMLESS AGREEMENT IS A FULL AND COMPLETE RELEASE OF ALL LIABILITY AND I HAVE EXECUTED THE SAME ON MY OWN FREE WILL AND VOLITION AND WITHOUT ANY FORCE, THREAT OR COERCION.