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Terms & Conditions:

Client has requested that Tater Farms, LLC, a Florida limited liability company (“Tater Farms”), deliver sod, soil, and other materials (the “Products”) to the delivery address, provided above, and agrees as follows: Client is the owner, has express permission from the owner, or has authority granted by the owner of the delivery address to execute this Delivery and Release Agreement (the “Agreement”). Client acknowledges that Tater Farms uses heavy commercial equipment to deliver Products and the weight of such equipment can damage concrete, pavers, driveways, pipes, sprinklers, and other real and personal property. Client requests that Tater Farms deliver the Product on to the Property, acknowledges that damage to the Property as well as personal injury may occur, and releases and indemnifies Tater Farms, as described below, as consideration for the delivery of the Product on to the Property. CLIENT IS VOLUNTARILY REQUESTING AND CONSENTING TO THE DELIVERY OF THE PRODUCTS ON TO THE PROPERTY WITH KNOWLEDGE OF THE RISK OF AND POTENTIAL FOR DAMAGE TO THE PROPERTY AND PERSONAL INJURY, AND HEREBY ACCEPTS ANY AND ALL RISKS OF LOSS AND/OR DAMAGE TO THE PROPERTY OR PERSONAL INJURY RESULTING FROM OR RELATED TO THE DELIVERY OF THE PRODUCT ON TO THE PROPERTY. CLIENT ON BEHALF OF CLIENT AND ITS SUCCESSORS, ASSIGNS, AGENTS, HEIRS, AND REPRESENTATIVES HERBY RELEASES AND HOLDS TATER FARMS AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL INJURY, LIABILITY, NEGLIGENCE, CLAIM, SUIT, ACTION, EXPENSE, COST, REMEDY, DEBTS, LOSS, DEMAND, AND DAMAGE WHATSOEVER NOW OR HEREAFTER KNOWN, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH TATER FARM’S DELIVERY OF THE PRODUCT ON TO THE PROPERTY. Client hereby agrees that it shall defend, indemnify and hold harmless Tater Farms, and its officers, managers, members, employees, representatives, agents, affiliates successors and assigns (collectively, the "Indemnitees") from and against any and all losses, liabilities, claims, actions, expenses, costs, remedies, debts, demands, and damages of any kind including, but not limited to, indirect, incidental, consequential, liquidated or special damages, lost profits and loss of use, fines or penalties, costs or expenses, of whatever form or nature, including, but not limited to, reasonable attorneys' fees and other costs of legal defense that Indemnitees may incur or sustain as a result of delivery of the Product on to the Property by Tater Farms, and for any and all negligent acts or omissions of the Indemnitees of every kind, nature and description arising out of delivery of the Product on to the Property by Tater Farms. The Indemnitees shall be entitled to recovery of their reasonable attorneys' fees, costs and expenses from Client in enforcing the terms of this Agreement. Client shall cooperate in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records, information and testimony, and attend such conferences, discovery proceedings, hearings, trials or appeals, as may be reasonable requested.