Raw Milk Waiver of Liability
Assumption of Risk, Release of Claims, And Indemnification
This document is a release and limits your rights to recover damages in case of illness, disease, infirmity, or death, and sets forth certain indemnification obligations. Read it carefully before purchasing fresh raw milk, purchasing our raw dairy products constitutes your agreement to this document.
Regulation of The Sale of Raw Milk in The State of Missouri
Federal law mandates pasteurization for all milk distributed in interstate commerce in package form intended for direct human consumption. However, Missouri state law governs intrastate sales of raw milk and allows any individual to purchase raw milk for their own use from a farm. (2011 Missouri Revised Statutes, Chapter 196 Food, Drugs and Tobacco, Section 196.933 - 196.935)
As used in this document, the term “Roots and Dreams Farm” means Roots and Dreams Farm, any owners and operators of any real or personal property or equipment utilized by Roots and Dreams Farm, members, owner(s) of any membership interest, managers, employees, advisors, representatives or agents of Roots and Dreams Farm.
Assumption of Risk
While there may be possible health benefits associated with consuming raw milk from cows, I acknowledge that the FDA has 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 food-borne illness, disease, infirmity or even death from pathogenic bacteria such as Salmonella, E Coli O157: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 Roots and Dreams Farm, 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 I or anyone from my household may purchase from Roots and Dreams Farm.
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 Roots and Dreams Farm 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.
In addition to and without limiting anything contained herein, I hereby agree to indemnify each and all of the Roots and Dreams Farm affiliates against, and agree to protect, save and hold harmless the Roots and Dreams Farm 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 of my household) with respect to the consumption of raw milk or raw milk products I or anyone in my household may have purchased from Roots and Dreams Farm or the terms, conditions, or enforcement of the terms of this release.
The undersigned acknowledges that it is his or her intention to provide a release of claims to the Roots and Dreams Farm affiliates to the fullest extent permitted by law. To the degree that a court determines that any provision 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.
I have fully informed myself of the contents of this “assumption of risk, release of claims, and indemnification” by carefully reading it before purchasing.