IMPORTANT NOTICE TO GUESTS: THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. TO THE EXTENT PREMITTED BY LAW. RELEASE AND WAIVER AGREEMENT NOTICE: GUEST (AS DEFINED BELOW) ACKNOWLEDGES, AND ACCEPTS ALL CLAUSES, INCLUDING CLAUSES C AND D BELOW, WHICH CONTAIN IMPORTANT WAIVER OF RIGHTS, OBLIGATIONS, AND LIMITATIONS OF LIABILITY RELATED TO THE GUARDIAN INDUSTRIES PUMPKIN PATCH AND TREE FAMR, ., IT'S OWNERS, OPERATORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, OWNERS OF THE PROPERTY, AND/OR LESSORS OF THE PREMISES, SPECIFICALLY CLAUSE C. WAIVER OF LIABILITY, AND CLAUSE D. ARBITRATION & TIME LIMITS FOR CLAIMS. IMPORTANT TERMS AND CONDITIONS OF CONTRACT !! READ CAREFULLY!! In consideration of the purchase of GUARDIAN INDUSTRIES, (ticket of admission of any kind, general admission, special events, Annual Pass, and/or festivals, including but not limited to seasonal festivals such as Harvest Festival, Christmas Festival, Autumn Festival, Spring Festival, Line Dancing, and/or Flower Festival, (hereinafter “Ticket Contract (Release and Waiver Agreement” and/or “Ticket Contract”) and applies to all tickets, however purchased (online, ticketing systems, and/or in-person) to gaining admission, access, limited access and/or use of the premises; Guardian Industries, and Guest hereby AGREE to the following terms and conditions of admissions: A. PARTIES 1. “GUEST” to this Ticket Contract applies to ALL INDIVIDUALS using a ticket to gain access and entry to Guardian Industries pumpkin patch and tree farm,., its premises, facilities, events, festivals, special events, equipment, and areas located dirt lot located across the street from 20960 W Sentinel Dr Buckeye AZ 85326 (hereinafter “the premises”). 2. “GUEST” includes those INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18), as Guest’s parent or legal guardian acknowledges that, prior to signing this TICKET CONTRACT, RELEASE OF LIABILITY AND WAIVER AGREEMENT, Guest has been given the opportunity to review this agreement, ask questions, acknowledge, and ACCEPT ALL RISKS associated with and/or all within the premises, including all activities, school events, special events and events therein. 3. The term “GUEST” (singular or plural) extends to ALL INDIVIDUALS, individual, parent and/or legal guardian utilizing this ticket for access, including but not limited to the INDIVIDUAL that purchased the ticket, the INDIVIDUAL that signed the Ticket Contract, and/or the INDIVIDUAL that utilized said ticket to gain access to the premise. The term “GUEST” hereby extends and applies to ALL INDIVIDUALS that purchase and/or use a ticket of admissions regardless of any inaccurate information provided (intentionally or otherwise) by the Guest during the execution of Ticket Contract and shall be deemed an acceptance and agreement of the terms and conditions herein related to admission, access and/or use of the subject property. 4. The term “Guardian Industries pumpkin patch and tree farm” includes its owners, shareholders, directors, operators, vendors, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and/or assigns on and/or related to the premises located 13720 SW 216th Street, Miami, Florida 33170 and adjacent properties in use with the operation (hereinafter “the subject premises” “the premises”). 5. “Guardian Industries pumpkin patch and tree farm” throughout this contract extends to and/or includes the owners of the subject premises and underlying property, B. RULES OF THE PREMISES By making a purchase to the premises, GUEST hereby AFFIRMS and ACCEPTS: (a) all terms to this Ticket Contract; and, (b) that Guest (you and on behalf of your children) have the legal authority to bind yourself, any organization and/or company to the following: 1. Guest acknowledges and accepts that Guardian Industries pumpkin patch and tree farm, , its premises, and operations are deemed AGRITOURISM activities pursuant to Arizona Statute Section. Accordingly, Arizona Statute Section, which provides limited liability protection for agritourism owners, operators, their employers, their employees against injury, death or damage to participants and/or guests to the premises. Pursuant to Arizona Statute any Guest, customer or visitor is limited in their ability to sue or hold the agritourism owner, and/or operators for accidents or incidents that occur on the subject premises. 2. Guest acknowledges and accepts that Guardian Industries pumpkin patch and tree farm,.” including subject premises owners have placed warning signs containing specific language informing all visitors of the risks and the liability limitation posted at entrance and throughout the property. 3. Guest acknowledges and accepts the following: WARNING Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity. 4. Guest recognizes and agrees that participation in any activities on the premises may result in injuries to the Guest and assumes full responsibility for and the risk of bodily injury, death or property damage due to negligence or non-negligence of Guardian Industries pumpkin patch and tree farm,.”, its owners or operators, or owners of the subject property. 5. Guest represents and warrants that Guest has no physical or mental illness, including but not limited to any infectious diseases that precludes participation in activities on the premises in a safe manner for Guest or others. 6. Guest voluntarily without any inducement, assures, and guarantees that despite the risks of contact and/or physical contact with other participants or staff shall not hold THE Guardian Industries pumpkin patch and tree farm,.” liable. 7. Guest acknowledges that the activities within the premises involve inherent risks of physical injury, contact with physical barriers, uneven surfaces (including but not limited to coarse aggregate and uneven surface) possibility of trips and falls, and potential for other guests engaged in other activities to come into contact. 8. Guest acknowledges and accepts that you are being permitted onto the premises (as a participant, visitor, spectator, or bystander) in the activities and acknowledges the risks and hazards involved in and arising from participation in activities within these premises. 9. Guest (for himself or herself, his or her heirs, children, executors, administrators, and assigns) forever, irritable irrevocably and unconditionally releases, waives, discharges and covenants not to sue Guardian Industries pumpkin patch and tree farm,.” C (and/or all those identified above) including organizers, subsidiaries, affiliates, parent companies, officers, directors, members, shareholders, owners, business partners, investors, lenders, representatives, employees, successors, and owners of the subject property or. (“Guardian Industries pumpkin patch and tree farm.”” or “Released Parties”), from any and all claims, demands, actions, liability of whatsoever kind or nature, either in law or in equity or rising from or by reason of any bodily injury or personal injuries whether now known or unknown, illness, death and or property damage in connection in any way directly or indirectly as a result of participating, spectating, or being present at the activities conducted at the premises. 10. Guest further agrees, understands and accepts that by signing this agreement hereby waive all claims and rights to claims against Guardian Industries pumpkin patch and tree farm,.”,(and/or all those identified above) and all of those identified herein for negligence or other tortious conduct giving rise to potential claims against them. It is understood that if participant gets injured or suffers any damages while in the premises or during activities the Guest (or its assigns, parents, guardians, children, agents, and/or representatives) shall not bring or maintain any lawsuit against Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified above). 11. Guest on behalf of his or her personal representative, assigns, heirs, and next of kin, release and waive any and all claims, damages, injuries, or illnesses incurred by the Guest in regard to participation in activities conducted on the premises, including but not limited to special events, festivals, organized events, field trips, and/or annual admission passes. 12. Guest on behalf of his or her personal representative, assigns, heirs, and next of kin, release and waive any and all claims, damages, injuries, or illnesses incurred by the Guest in regard to participation in activities conducted on the premises, and assures that the information provided in to gain access to the subject premises (this TICKET CONTRACT, RELEASE, AND WAIVER AGREEMENT and entry forms) is TRUE AND CORRECT, such as the Guest’s full name and date of birth, this specifically extends and include those parents completing these materials on behalf of their children and/or dependents. Guest further assures that if material information (such as the guest’s name and date of birth) is improperly documented (whether intentional or otherwise) Guest is bound by all terms stated within the TICKET CONTRACT, RELEASE, AND WAIVER AGREEMENT. 13. Guest hereby release any and all claims, of whatever kind or nature, present and future, damages, injuries and/or illnesses related in any way to participation in any activities on the premises, including special events, festivals, organized events, field trips, line dancing, and/or annual admission passes. 14. CHILDREN RELEASE: If any Guest is under the age of 18, the undersigned parent or legal guardian agrees to bind him or herself, the minor, his or her executors, administrators, heirs, next of kin, successors, and assigned to the terms of this TICKET CONTRACT, RELEASE AND WAIVER AGREEMENT, the undersigned parent or legal guardian agrees (and on behalf of the subject MINOR and his or her executors, administrators, heirs, next of kin) to forfeit and lose the right to sue anyone involved in any activities conducted by Guardian Industries pumpkin patch and tree farm,.”, (and/or all those identified above) including any and all special events, festivals, organized events, field trips, line dancing, and/or annual admission passes. BY FORFEITING THE RIGHT TO SUE, YOU AND YOUR CHILDREN MUST PROCEED WITH YOUR CLAIMS IN ARBITRATION AS SET FORTH HEREIN. 15. This Ticket Contract cannot be transferred, modified, and is non-refundable. 16. Annual Passes do not include tasting events, festivals, special events, farm family dinners, or pre-sale ticketed events. 17. Annual Passes cannot be transferred, are limited to one year from the date of purchase and cannot be combined with another offer. 18. Guest acknowledges and agrees that Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified herein) are not liable for lost, damaged, stolen, or destroyed property. 19. Guest acknowledges and agrees that no weapons, firearms, contraband, alcoholic beverages, or illegal controlled substances are allowed on the premises. 20. Guest acknowledges and agrees that all minor Guests, ages 18 and under, must be supervised by an adult Guest when using the areas of premises including the ROCK WALL, BOUNCE PILLOW, PLAYGROUND, INCLUDING ACTION PLAYGROUNDS, THEMED PLAYGROUNDS, FREESTANDING PLAYGROUNDS, CROPS, PASTURES AND BOUNCE HOUSES. 21. Guest acknowledges and understands that all guests ARE NOT ALLOWED ONTO FARM EQUIPMENT, HAY BALES, STRAW BALES, FARM ANIMALS, LIVESTOCK, COWS, AND/OR AGRICULTURAL EQUIPMENT OR ACCESSORIES. 22. Guest acknowledges and warrants that while on the premises the Guest shall respect other guests, managers, employees, vendors, and staff. 23. Guest acknowledges and agrees that Guardian Industries pumpkin patch and tree farm,.” has the right to remove the Guests for violation of the terms and conditions of Ticket Contract and that security has the right to remove you from the property for violating any aspect of this agreement. 24. Guest are hereby notified and made aware of the placement of WARNING SIGNS, INSTRUCTION SIGNS, ACTIVITY SIGNS, RESTRICTION SIGNS, AND LIMITED USE SIGNS through its property for the Guest to comply and follow. 25. Guest acknowledges and accepts liability for failure to follow ALL WARNING SIGNS referenced herein including instructions and directions for Guest to follow and agree that Guardian Industries pumpkin patch and tree farm,.”. and or its security personnel on premise have the right to remove the Guest should you fail to comply. 26. Guest intends for his or her signature to serve as confirmation of his or her complete and unconditional acceptance of the terms, conditions, limitations of liability, waiver of liability, obligations of the guest, arbitration and all conditions and provisions of this agreement. 27. Guest further intends, agrees and acknowledges that registering online, the online signature shall substitute for and have the same legal effect as if the signatory (or guest parent guardian) had signed a physical copy of this Ticket Contract, Release and Waiver Agreement. 28. By signing this agreement, the Guest understands that this acknowledgement and assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason the remainder of this portion shall not be affected thereby shall remain valid and fully enforceable. C. WAIVER OF LIABILITY IN CONSIDERATION OF THE RISK OF INJURY while participating in any and ALL ACTIVITIES on the premises, including but not limited to, the ROCK WALL, LINE DANCING, DANCING SPECIAL EVENTS, BOUNCE PILLOW, ROPE COURSE, HAYRIDES, KANGAROO JUMPING FLOOR, ACTION PLAYGROUNDS, FREESTANDING PLAYGROUNDS, FARMING ACTIVITIES, FARMING EQUIPMENT, CROPS, FIELDS, PASTURES, LIVESTOCK, COWS, FARM ANIMALS, UNEVEN COMMON AREAS, UNEVEN FIELDS, AGGREGATE SURFACES, UNEVEN SURFACES THROUGHOUT THE PREMISES, AND/OR BOUNCE HOUSES (the “Activity”) and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily entered into this TICKET CONTRACT, RELEASE, AND WAIVER AGREEMENT and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Guardian Industries pumpkin patch and tree farm, (and/or all those identified above), located 25590 w us Hwy MC 85, Buckeye AZ 85326, their affiliates, managers, members, agents, attorneys, staff volunteers, heirs, representatives, predecessors, successors and assigns, for any PHYSICAL OR PSYCHOLOGICAL INJURY, including but not limited to illness, paralysis, death, damages, injuries, economical or emotional loss, that I may suffer as a result of my participation in the aforementioned Activity, including traveling to and from an event related to this activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT AREN'T LIMITED TO PHYSICAL, OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATIONS. NONETHELESS I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I also agree to indemnify and hold harmless Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified above) against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, INCLUDING ATTORNEY’S FEES AND ANY RELATED COSTS, if litigation is improperly pursued which arises pursuant to any claims made by me or by anyone else acting on my behalf. If Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified above) incurs any of these types of expenses, including having to defend against any lawsuit filed against it or its affiliates, I hereby agree to immediately reimburse and pay all attorney’s fees and costs Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified above) as incurred and any future attorney’s fees and costs to be incurred in any litigation process. D. ARBITRATION & TIME LIMITS FOR CLAIMS GUEST acknowledges, agrees and warrants the following terms and conditions related to Arbitration and Time Limits: 1. Guest explicitly acknowledges and accepts that any claim or dispute arising out of or relating to this agreement, including personal injury or property damage claims on the premises as defined above, shall be resolved EXCLUSIVELY IN ARBITRATION. GUEST EXPLICITLY WAIVES LITIGATION, AND ALL RIGHTS TO JURY TRIAL. 2. Guest acknowledges, agrees and warrants that this section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “written” requirements of that act, applies to your purchase of this ticket, and governs all claims, disputes, or controversies between you and Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified above) its subsidiaries, affiliates, providers, or it's respected officers, directors, partners, shareholders, employees, agents, service providers, advertisers, staff or personnel, including but not limited to tort and contract claims, claims based on federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision. This section can only be changed or terminated upon mutual agreement. 3. Guest acknowledges, agrees and warrants that all claims shall be resolved by final and binding arbitration using the American Arbitration Associations (AAA) Commercial Arbitration Rules, in effect on the date of initiation of the arbitration. Any controversy concerning whether a dispute is arbitrable and enforceable shall be determined EXCLUSIVELY BY THE ARBITRATOR AND NOT BY ANY COURT. In executing this instrument the Guest acknowledges, agrees and warrants that FAILURE TO PURSUE YOUR CLAIMS IN ARBITRATION AND FILING A LAWSUIT WILL RESULT IN THE CONTRACTUAL IMPLICATIONS OF ASSUMING ALL DEFENSE COSTS IN ARBITRATION. THIS SHALL FURTHER REQUIRE THAT YOU FOLLOW ALL ARBITRATION REQUIREMENTS OR MUST PAY THE Guardian Industries pumpkin patch and tree farm,.” (OR ANYOTHER OPERATOR AND OWNER OF THE SUBJECT PROPERTY). 4. Guest acknowledges, agrees and warrants that in arbitration, as a court, the arbitrator must honor the terms of these agreements and all aspects of the Ticket Contract and may award the prevailing party damages and other relief (including attorney’s fees). 5. GUEST ACKNOWLEDGES, AGREES AND WARRANTS THAT IF ANY LAWSUIT IS BROUGHT BEFORE ANY COURT, INCLUDING A FEDERAL OR STATE COURT, THE GUEST SHALL BE LIABLE FOR Guardian Industries pumpkin patch and tree farm,.”, (INCLUDING AND/OR ALL THOSE IDENTIFIED ABOVE) ATTORNEY’S FEES AND COSTS INCURRED TO BIND AND ENFORCE ARBITRATION AND THROUGHOUT THE ENTIRE ARBITRAL PROCESS. 6. Guest acknowledges and agrees that Guardian Industries pumpkin patch and tree farm,.” shall not be liable for any claims whatsoever for in tort or contract (including negligence) for personal injury, disability, or death. GUEST ACKNOWLEDGES, AGREES AND WARRANTS THE APPLICATION OF FLORIDA STATUTE SECT. 570.88 (AND RELATED STATUTES) LIMITATION OF LIABILITY RELATED TO PREMISES AND ITS ACTIVITIES. However, Guest acknowledges that there are procedural deadlines for which claims must be presented in the following timely manner. 7. Guest acknowledges, agrees and warrants to provide in writing full particulars identifying the details of his or her claim TO ITS CORPORATE REPRESENTATIVE TO THE Guardian Industries pumpkin patch and tree farm,.” (AND/OR ALL THOSE IDENTIFIED ABOVE) PREMISES WITHIN 185 DAYS AFTER THE DATE OF THE INJURY, EVENT, INCIDENT OR DEATH GIVING RISE TO THE CLAIM. FAILURE TO PROPERLY NOTIFY Guardian Industries pumpkin patch and tree farm,.” (AND/OR ALL THOSE IDENTIFIED ABOVE) WITHIN THIS TIME SHALL FOREVER BAR THE GUEST FROM PURSUING ANY CLAIMS. 8. Guest acknowledges, agrees and warrants that Arbitration (as lawsuits are precluded under contract) SHALL BE THE EXCLUSIVE MEANS OF RESOLVING ANY LEGAL DISPUTE WITH THE Guardian Industries pumpkin patch and tree farm,.” (AND/OR ALL THOSE IDENTIFIED ABOVE). Guest further agrees that no such claim shall not be maintained unless arbitration has been initiated within ONE (1) YEAR after the date of the injury, event, incident, or death. Guest also agrees that unless the initial Statement of Claim is served on Guardian Industries pumpkin patch and tree farm,.” (and/or all those identified above) WITHIN 120 DAYS AFTER THE ONE-YEAR ARBITRAL PROCEDURE HAS BEEN INITIATED. GUEST EXPRESSLY WAIVES ALL OTHER POTENTIAL APPLICABLE STATE OR FEDERAL LIMITATION PERIODS. 9. Guest acknowledges, agrees and warrants that in arbitration there is no judge or jury, the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules and judicial review of arbitration outcome is limited. Each party to the arbitration will have the right to be represented by an attorney or other advocate of its own choosing. You (GUEST) and we (“Guardian Industries pumpkin patch and tree farm,.”) will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable rules evenly (50% and 50%) to initiate the arbitral process and shall remain throughout the entire process. Judgment on the arbitration decision and award if any may be entered in or by any court that has jurisdiction over the parties pursuant to the Federal Arbitration Act. 10. Prior to filing an arbitral claim, the Guest acknowledges, agrees and warrants to the following: the parties agree that SIXTY (60) DAYS BEFORE THE FILING ANY ARBITRATION PROCEEDING HEREUNDER, the party requesting relief must demand and attend mandatory mediation before a mutually acceptable mediator to attempt to resolve any dispute. In the event the parties are unable to resolve such dispute, the affected party shall initiate an arbitration proceeding utilizing the rules of (but not employing) the American Arbitration Association (“AAA”) as noted herein. In any dispute, the parties shall jointly appoint a single arbitrator utilizing an approved AAA selection appointment process. Failure to reach an agreement, each party shall appoint his/her or its own party arbitrator (approved by AAA), and these two-party arbitrators shall in turn appoint a third, neutral arbitrator. All party arbitrators’ conduct and the tests for their eligibility shall be governed by AAA rules of disinterest. The time limits hereunder shall not apply in the event emergency injunctive relief is required, but only to the extent of such emergency injunctive relief itself. To the extent that these rules and the rules for arbitration referenced in this paragraph conflict, the procedure set out in this paragraph shall control. All costs of arbitration shall be shared equally between the parties. The parties shall bear the costs of their legal representation. 11. Failure to comply with the agreed upon procedural guidelines set forth herein shall constitute a waiver of your right to pursue a claim and forever be time barred. 12. The laws of the State of Florida govern these arbitral proceedings. E. SEVERABILITY Except as otherwise expressly provided herein, this Ticket Contract constitutes the entire agreement between Guardian Industries pumpkin patch and tree farm,.” (and parties incorporated within this agreement) AND GUEST should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction or to be so held by a court of competent jurisdiction, such provision(s) or portion thereof shall be deemed to be severed from the contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the contract. I HEREBY AGREE AND ACCEPT ALL TERMS AND CONDITIONS OF THE TICKET CONTRACT AND SIGN ACKNOWLEGING THAT I HAVE READ AND UNDERSTAND ALL ASPECTS OF THIS TICKET CONTRACT. UNDER PENALTIES OF PERJURY, I DECLARE THAT THE FOREGOING REPRESENTATIONS HEREIN ARE TRUE AND CORRECT. Today's Date: October 15, 2025
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