Notice, Waiver and Complete Release Agreement Including Limitation of Warranty and Limitation of Liability Watermelon Fruit Blotch (WTB), acidorvorax avanae subsp. citruilli, is a serious disease, which has become significant risk in the area of watermelon cultivation. The pathogen causing WFB can be introduced into a field by infested see, infected transplants, volunteer watermelon, mechanical means or natural speed from alternate hosts. While it impossible to conduct any testing procedures, which will give 100% reliable results with regard to the identification of any seed borne WFB infection, Burrell Seed Growers, LLC is using its’ best efforts. No symptoms of WFB were found to be present within the known limits of detection in our seed. Burrell Seed Growers, LLC and the undersigned acknowledge that this sale of watermelon seed is a commercial transaction. Therefore, as a condition of sale of all watermelon seed sold by Burrell Seed dealers, the undersigned acknowledges that he/she has been informed of the risks associated with the potential presence of WFB, and hereby waives any right to assert any claim against Burrell Seed Growers, LLC, whether for breach of contract, tort, negligence or otherwise. The undersigned also releases Burrell seeds, its’ agents and suppliers, from any and all claims relating to WFB with respect to all watermelon seed supplied by Burrell Seed Growers, LLC. Furthermore, the undersigned expressly acknowledges that his/her exclusive and sole remedy against Burrell Seed Growers will be waived, including return of the purchase price, and Burrell Seeds will have no liability whatsoever to any other parties. It is further agreed that in the event of resale of or transfer by the undersigned of the seed sold, Burrell Seed Growers, LLC offers no warranties, express or implied, including the warranties of merchantability or fitness for a particular purpose, regarding the seed, and all such warranties are specifically herein disclaimed. Burrell Seed Growers, LLC shall not be liable for incidental or consequential damages or crop failure damages as a result of the us of this seed. The undersigned also agrees to defend, indemnify and hold harmless Burrell Seed Growers, LLC against any and all claims, actions, proceedings, or other potential liabilities against Burrell Seed Growers, LLC of any nature whatsoever relating to any such resale or transfer of said seed. I have read the above notice, understand it, and agree to be bound by all of its’ terms. I also acknowledge that I have had the opportunity to consult with an attorney regarding this notice. I understand this notice is part of my contract and condition of sale, and that no shipment from Burrell Seed Growers, LLC will occur until Burrell Seed Growers, LLC receives this signed notice.