Waiver

Visitor Waiver, Release & Assumption of Risk

PLEASE READ CAREFULLY BEFORE AGREEING — THIS IS A LEGALLY BINDING AGREEMENT

In consideration of being permitted to participate in the facility tour, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I agree to the following:

1. NATURE OF ACTIVITY AND INHERENT RISKS

I understand that a guided tour of a working food manufacturing facility involves inherent risks and hazards, including but not limited to:

• Wet, slippery, or uneven floor surfaces

• Exposure to industrial machinery, equipment, and moving parts

• Noise from manufacturing operations

• Temperature variations including cold storage and processing areas

• Forklifts, pallet jacks, and other material handling equipment

• Narrow passageways and limited visibility areas

• Exposure to food allergens present in the facility (see Section 3)

2. ASSUMPTION OF RISK

I voluntarily assume all risks associated with my participation in the facility tour, including but not limited to the risks described above and any other risks inherent in visiting a working food manufacturing facility. I acknowledge that my participation is voluntary and that I have been made aware of the risks involved.

3. ALLERGEN ACKNOWLEDGMENT AND ASSUMPTION OF RISK

I acknowledge and understand that Chukar Cherry Company's manufacturing facility processes the following allergens, among others:

• Tree nuts (including but not limited to almonds, pecans, cashews, and walnuts)

• Dark, milk, and white chocolate (containing soy lecithin and milk)

• Dried cherries, cranberries, and other fruits

• Wheat and gluten-containing ingredients

• Peanuts (trace cross-contact possible)

I certify that I am aware of any food allergies or sensitivities I may have and that I assume full responsibility for any allergic reaction or health consequence arising from my exposure to allergens during the facility tour. I agree to notify the tour guide of any known severe food allergies prior to entering the facility.

4. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I, on behalf of myself, my heirs, personal representatives, executors, administrators, successors, and assigns, hereby release, waive, discharge, and covenant not to sue Chukar Cherry Company, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, volunteers, and tour guides (collectively, "Released Parties") from any and all claims, demands, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way related to my participation in the facility tour, whether caused by the negligence of the Released Parties or otherwise, EXCEPT for claims arising from gross negligence, willful misconduct, or fraud.

5. COMPLIANCE WITH FACILITY RULES

I agree to comply with all facility safety rules and instructions provided by Chukar Cherry personnel during the tour, including but not limited to:

• Wearing all required personal protective equipment (hairnets, beard nets if applicable, shoe covers)

• Removing all jewelry, watches, and loose accessories before entering production areas

• Refraining from touching equipment, products, or ingredients unless expressly authorized

• Remaining within designated tour pathways at all times

• Following the instructions of the designated tour guide at all times

• Refraining from bringing food or beverages into production areas

I understand that failure to comply with facility rules may result in my removal from the facility.

6. PHOTOGRAPHY AND RECORDING

I agree not to photograph, video record, or otherwise capture images of Chukar Cherry's proprietary manufacturing processes, equipment configurations, formulations, or production areas without prior written authorization from Chukar Cherry management. Personal photographs in designated non-production areas may be permitted subject to guide approval.

7. EMERGENCY MEDICAL AUTHORIZATION

In the event of an emergency, I authorize Chukar Cherry Company and its personnel to contact emergency medical services on my behalf. I understand that all costs of emergency medical services are my sole responsibility. I agree to disclose any medical conditions, disabilities, or mobility limitations that may affect my ability to safely participate in the tour prior to entry.

8. GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed by the laws of the State of Washington. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

9. ACKNOWLEDGMENT

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT I UNDERSTAND ITS CONTENTS, AND THAT I AM ACCEPTING IT VOLUNTARILY. I AM 18 YEARS OF AGE OR OLDER.

Indemnification Agreement

1. INDEMNIFICATION OBLIGATION

Indemnitor agrees to defend, indemnify, and hold harmless Chukar Cherry Company, its officers, directors, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all claims, suits, actions, demands, damages, losses, costs, and expenses, including reasonable attorneys' fees and court costs (collectively, "Claims"), arising out of or related to:

• Any act or omission by Indemnitor during the facility tour that causes injury to a third party or damage to Chukar Cherry property;

• Any contamination event reasonably traceable to Indemnitor's actions or failure to follow facility safety protocols, including but not limited to introduction of foreign material, pathogens, or allergen cross-contact from personal items;

• Indemnitor's breach of any representation, warranty, or obligation in the Visitor Waiver, Release & Assumption of Risk, the Health & Communicable Disease Declaration, or any other agreement executed in connection with the facility tour;

• Indemnitor's violation of any facility safety rule or instruction provided by Chukar Cherry personnel.

2. SCOPE OF INDEMNIFICATION

Indemnitor's obligations under this Agreement include, without limitation:

• Defense costs and attorneys' fees incurred by Indemnitees in connection with any Claim covered by this Agreement;

• Settlement amounts paid by Indemnitees in connection with any Claim covered by this Agreement;

• Judgments entered against Indemnitees in connection with any Claim covered by this Agreement;

• Costs associated with any product recall or remediation required as a result of Indemnitor's actions during the facility tour.

3. NOTICE AND COOPERATION

In the event of any Claim for which Indemnitor may be obligated to indemnify Indemnitees, Chukar Cherry shall: (a) provide Indemnitor with prompt written notice of such Claim; (b) provide reasonable cooperation in the defense of such Claim; and (c) permit Indemnitor, at Indemnitor's option, to assume control of the defense of such Claim with counsel reasonably acceptable to Chukar Cherry.

4. LIMITATION

This indemnification obligation does not apply to Claims arising solely from the gross negligence or willful misconduct of Chukar Cherry.

5. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Washington. Venue for any dispute shall lie in Benton County, Washington.

Health & Communicable Disease Declaration

Chukar Cherry Company operates a food manufacturing facility subject to federal and state food safety regulations, including the FDA's Food Safety Modernization Act (FSMA). To protect the integrity of our food products and the health of our employees and guests, all visitors are required to complete this Health Declaration prior to entering the facility.

PARTICIPANT CERTIFICATION

I hereby certify and represent to Chukar Cherry Company as follows:

I am not currently experiencing any of the following symptoms: fever, vomiting, diarrhea, jaundice, or sore throat with fever.

I have not been diagnosed with, or knowingly exposed to, a communicable disease within the past 14 days, including but not limited to norovirus, Salmonella, Shigella, Hepatitis A, or E. coli.

I have not tested positive for COVID-19 or experienced COVID-19 symptoms within the past 5 days.

I have not returned from international travel within the past 5 days where I experienced illness.

I understand that I must notify Chukar Cherry personnel immediately if I develop any symptoms during the facility tour.

I understand that Chukar Cherry reserves the right to deny or terminate my entry to the facility at any time based on health status, without liability.

I understand that if it is later determined that I introduced a pathogen or contaminant into the facility as a result of my illness or failure to disclose my health status, I may be held liable for resulting damages including product recall costs, regulatory fines, and business losses.

I CERTIFY THAT THE ABOVE STATEMENTS ARE TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE, AND THAT I HAVE NOT WITHHELD ANY INFORMATION MATERIAL TO MY FITNESS TO PARTICIPATE IN THIS FACILITY TOUR.

Minor Participant Addendum (Parent/Guardian)

1. PARENTAL ASSUMPTION OF RISK

I acknowledge and accept on behalf of the Minor all inherent risks associated with participation in the facility tour, including allergen exposure, proximity to manufacturing equipment, and all other risks described above. I represent that I have informed the Minor of these risks and that the Minor understands and agrees to comply with all facility safety rules.

2. PARENTAL INDEMNIFICATION

I agree, individually and on behalf of the Minor, to defend, indemnify, and hold harmless Chukar Cherry Company and all Released Parties (as defined above) from and against any Claims arising out of or related to the Minor's participation in the facility tour, including Claims arising from the Minor's failure to comply with facility safety rules.

3. WASHINGTON STATE LAW NOTICE

I understand that under Washington State law, my ability to waive the Minor's own legal claims may be limited. This Addendum is intended to capture my consent as parent/guardian and my own indemnification obligations to the fullest extent permitted by applicable law.

4. ALLERGEN AND HEALTH DECLARATION

I certify that:

• I have disclosed any known food allergies or sensitivities of the Minor to Chukar Cherry personnel;

• The Minor is not currently experiencing symptoms of communicable illness;

5. EMERGENCY MEDICAL AUTHORIZATION

In the event of a medical emergency involving the Minor during the facility tour, I authorize Chukar Cherry personnel to contact emergency medical services. I accept full financial responsibility for any emergency medical costs incurred on behalf of the Minor.

Photography, Confidentiality & Non-Disclosure Agreement

This Photography, Confidentiality & Non-Disclosure Agreement ("Agreement") is entered into between Chukar Cherry Company ("Chukar Cherry") and the visitor ("Recipient") in connection with Recipient's facility tour.

1. DEFINITION OF CONFIDENTIAL INFORMATION

"Confidential Information" means any non-public information observed, learned, or disclosed in connection with the facility tour, including but not limited to:

• Manufacturing processes, methods, and techniques;

• Equipment configurations, layouts, and specifications;

• Product formulations, recipes, and ingredient sourcing;

• Supplier and customer relationships;

• Production volumes, capacity, and operational data;

• Pricing, cost structures, and financial information;

• Quality control and food safety protocols.

2. OBLIGATION OF CONFIDENTIALITY

Recipient agrees to:

• Hold all Confidential Information in strict confidence;

• Not disclose Confidential Information to any third party without Chukar Cherry's prior written consent;

• Use Confidential Information solely for the purpose of evaluating or conducting business with Chukar Cherry;

• Take reasonable measures to protect Confidential Information from unauthorized disclosure, no less stringent than those used to protect Recipient's own confidential information.

3. PHOTOGRAPHY AND RECORDING RESTRICTIONS

Recipient agrees that during the facility tour:

• No photographs, video recordings, audio recordings, or other capture of images or data is permitted in production areas without prior written authorization from Chukar Cherry management;

• Any authorized photographs are for personal use only and may not be published, posted on social media, or shared with third parties without Chukar Cherry's written consent;

• Chukar Cherry reserves the right to review and approve any content created on its premises prior to publication.

4. INTELLECTUAL PROPERTY

Any content, images, or recordings created by Recipient on Chukar Cherry premises that capture proprietary processes, equipment, or trade dress shall be deemed the intellectual property of Chukar Cherry. Recipient hereby assigns to Chukar Cherry all right, title, and interest in any such content.

5. TERM

Recipient's confidentiality obligations shall survive the facility tour and shall remain in effect for a period of three (3) years from the date of the tour, or indefinitely with respect to trade secrets under applicable law.

6. REMEDIES

Recipient acknowledges that breach of this Agreement would cause irreparable harm to Chukar Cherry for which monetary damages would be inadequate, and that Chukar Cherry shall be entitled to seek injunctive relief without bond in addition to all other available remedies.

7. GOVERNING LAW