Loading...

Lemos Farm Guest Release of Liability and Assumption of Risk


***THIS IS A CONTRACT — READ BEFORE SIGNING***

This Release Agreement (“Agreement”) is entered between THE LEMOS FAMILY FARM, INC., doing business as LEMOS FARM (“LEMOS FARM”) and the undersigned on behalf of him or herself, and/or on behalf of the minor child or children of the undersigned (the words “I”, “my” or “myself” as hereafter used shall include the undersigned as well as the minor child or children of the undersigned). In consideration of being permitted by LEMOS FARM to participate in its recreational activities, to use its equipment and facilities, now and in the future, the undersigned hereby agrees on behalf of him or herself, and/or on behalf of the minor child or children of the undersigned, to the following waiver, release, indemnity, defense and hold harmless provisions:

1. I acknowledge that my participation in LEMOS FARM pony, train and hay rides, Haunted House, bounce houses, inflatables, petting zoos, Car Barn ride, Barn Slide, Dig Zone, Goat Yoga, coin operated machines, parking lot shuttles or carts, parking lot, and other recreational activities, and use of LEMOS FARM facilities entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, my property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, LEMOS FARM employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that LEMOS FARM employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and pony’s and in the maintenance and repair of its equipment and facilities.

2. I expressly agree and promise on my behalf to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I agree within thirty (30) days of the date that any personal injury or property damage occurs to inform LEMOS FARM, in writing, of the nature of such damage or injury and the circumstances of said accident or injury.

3. I acknowledge and agree to not hold LEMOS FARM and any of its employees, associates, owners, etc., responsible for my, my minors, or my visiting group members contraction of COVID-19. Additionally, I declare, on behalf of myself and the party of adults, and of minors I am supervising, I voluntarily entered onto the premises fully aware of current respiratory illness and other transmittable disease dangers and waive my right to sue or hold LEMOS FARM responsible in any form, even in the case of negligence. 

4. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless LEMOS FARM, its agents, owners, shareholders, directors, employees, volunteers, lessors, related and affiliated entities, successors and assigns (“RELEASED PARTIES”), from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of LEMOS FARM equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.

5. Should LEMOS FARM or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself.

6. I certify that I have adequate insurance to cover any injury or damage that I, or my children/minors, may cause or suffer while participating in recreational activities at LEMOS FARM, and I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

7. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

8. I agree as an adult participant, or as the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate in the recreational activities at LEMOS FARM, to grant to LEMOS FARM, and all RELEASED PARTIES, the irrevocable right and permission to photograph and/or record me or my child(ren) use such photographs and/or recordings for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the Photographs and/or Recordings, and acknowledge and agree that the rights granted in this Agreement are without compensation of any kind. All Photographs and/or Recordings are exclusive to LEMOS FARM.

9. If the participant is a minor, I agree that this Agreement is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this Agreement.

10. If the participant is a minor, I further agree to defend, indemnify and hold harmless LEMOS FARM from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.

11. I agree that any all controversies, claims or disputes arising out of, relating to, or resulting from my participation at, or on, the premises of LEMOS FARM shall be subject to mediation or binding arbitration under the then applicable mediation or arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). BOTH PARTIES TO THIS AGREEMENT UNDERSTAND THAT BY AGREEING TO THE TERMS OF THIS MEDIATION AND ARBITRATION PROCEDURE, BOTH ARE WAIVING ANY CONSTITUTIONAL OR STATUTORY RIGHT THEY MAY POSSESS TO HAVE ANY CLAIMS, DISPUTES OR CAUSES OF ACTION DECIDED IN A COURT OF LAW BEFORE A JUDGE OR A JURY.

12. I attest that I, my minor(s), and other party members have read, understand, and agree to the Lemos Farm Guest Policy prior to purchasing my ticket and entering onto the Lemos Farm property. 

By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I voluntarily and knowingly waived my right to maintain a lawsuit against LEMOS FARM or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.



First Adult or Legal Guardian Name

First Name*

Last Name*
First Adult or Legal Guardian Age Acknowledgment*
First Adult or Legal Guardian Date of Birth*
I certify that I am 18 years of age or older
First Adult or Legal Guardian Signature*
Second Adult or Legal Guardian Name

First Name*

Last Name*
Second Adult or Legal Guardian Date of Birth*
Third Adult or Legal Guardian Name

First Name*

Last Name*
Third Adult or Legal Guardian Date of Birth*
Fourth Adult or Legal Guardian Name

First Name*

Last Name*
Fourth Adult or Legal Guardian Date of Birth*
Fifth Adult or Legal Guardian Name

First Name*

Last Name*
Fifth Adult or Legal Guardian Date of Birth*
Sixth Adult or Legal Guardian Name

First Name*

Last Name*
Sixth Adult or Legal Guardian Date of Birth*
Seventh Adult or Legal Guardian Name

First Name*

Last Name*
Seventh Adult or Legal Guardian Date of Birth*
Eighth Adult or Legal Guardian Name

First Name*

Last Name*
Eighth Adult or Legal Guardian Date of Birth*
Ninth Adult or Legal Guardian Name

First Name*

Last Name*
Ninth Adult or Legal Guardian Date of Birth*
Tenth Adult or Legal Guardian Name

First Name*

Last Name*
Tenth Adult or Legal Guardian Date of Birth*
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!