ASSUMPTION OF RISK, RELEASE OF CLAIMS, AND INDEMNIFICATION

Rose Land & Livestock Company, Inc. DBA Milk Barn Creamery

The United States Food and Drug Administration (“FDA”) and Centers for Disease Control and Prevention (“CDC”) have concluded that pasteurization is the only way to assure the destruction of pathogenic microorganisms that might be present in raw milk and thereby reducing the risk of illness caused by pathogenic bacteria found in milk products. Milk Barn Creamery makes no claims contrary to those findings. However, the state of Utah has established the conditions for the sale of raw milk directly to consumers (see R70-330). Thus, individuals may purchase raw milk in spite of the known risks if they so choose.

RELEASEES: As used in this document, the term “Milk Barn Creamery” means Rose Land & Livestock Company, Inc. DBA Milk Barn Creamery, any owners and operators of any real or personal property or equipment utilized by Rose Land & Livestock Company, Inc., members, owner(s) of any membership interests, managers, employees, advisors, representatives or agents of Rose Land & Livestock Company, Inc.

ASSUMPTION OF RISK: I acknowledge that the FDA and CDC have concluded that the risks associated with the consumption of raw milk outweigh any possible health benefits that may arise from consuming raw milk. The consumption of raw milk or raw milk products may have inherent risks and dangers as well as risks that may be individual in nature, and may put me and members of my family in my household at risk of SERIOUS FOODBORNE ILLNESS, DISEASE, INFIRMITY or EVEN DEATH from pathogenic bacteria such as Salmonella, E coli 0157:H7, Listeria, Campylobacter and Brucella. Illnesses caused by such pathogens may manifest symptoms including but not limited to diarrhea, abdominal cramps, body ache, vomiting, fever, headache, nausea, and dehydration and such illnesses can be especially severe for pregnant women, the elderly, infants, young children, and people with weakened immune systems. I hereby certify that I understand the possible health risks that may be associated with the consumption of raw milk and raw milk products. In consideration of being allowed to purchase raw milk or raw milk products from Milk Barn Creamery, I ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY ILLNESS, DISEASE, INFIRMITY, HEALTH AILMENT, OR EVEN DEATH, OF MYSELF AND ANY FAMILY MEMBERS IN MY HOUSEHOLD ASSOCIATED WITH THE CONSUMPTION OF RAW MILK OR RAW MILK PRODUCTS I OR ANYONE FROM MY HOUSEHOLD MAY PURCHASE FROM MILK BARN CREAMERY.

RELEASE OF CLAIMS: TO THE FULLEST EXTENT PERMITTED BY LAW I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE each and all of the Rose Land & Livestock Company affiliates from all liability to myself, any minor or other family member in my household, my personal representative or estate, assigns, heirs and next of kin, or such minor’s estate, assigns, heirs and next of kin, for any and all loss or damage and any claims and/or demands on account of any illness, disease, infirmity, health ailment, death or damage to me or any minor or other member of my household.

INDEMNIFICATION: In addition to and without limiting anything contained herein, I hereby agree to indemnify each and all of the Milk Barn Creamery affiliates against, and agree to protect, save and hold harmless the Rose Land & Livestock Company affiliates from any and all liabilities, obligations, losses, damages, claims, causes of action (including court costs and attorneys’ fees) and any other costs associated with or arising from any claim or claims made by me or on my behalf (or by any minor or other family member in my household) with respect to the consumption of raw milk or raw milk products I or anyone in my household may have purchased from Rose Land & Livestock Company (DBA Milk Barn Creamery) or the terms, conditions, or enforcement of the terms of the RELEASE.

ENFORCEABILITY: The undersigned acknowledges that it is his or her intention to provide a release of claims to the Rose Land & Livestock Company (DBA Milk Barn Creamery) affiliates to the fullest extent permitted by law. To the degree that a court determines that any provisions of this RELEASE is partly or wholly unenforceable, such provision shall be re-written by the court or other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of the parties.

BY PURCHASING PRODUCTS ON THIS WEBSITE YOU AGREE THAT YOU HAVE INFORMED YOURSELF OF THE CONTENTS OF THE “ASSUMPTION OF RISK, RELEASE OF CLAIMS, AND INDEMNIFICATION” BY CAREFULLY READING IT BEFORE PURCHASING.