I, (adult or minor child) HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Funny Farm Rescue located at 6908 Railroad Blvd, Mays Landing NJ 08330 and its agents, owner, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether know or unknown, in law or equity, that I or Child ever had or may have arising from or in any way related to my/child’s participation in any events or activities conducted by, on the premises of, or for the benefit of, Funny Farm Rescue.
I understand that the activities that I/children will participate in and that I/children will see are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. I/children will be in direct contact with animals that include but are not limited to: goats, rabbits, pigs, horses, skunks, pigs, chickens, etc. I understand that, as with most animals, they may react in an unpredictable way to sounds, sudden movements, people, or other animals that could result in injuries to people. On behalf of myself, said children, my heirs, assigns and next of kin, I/children waive all claims for damages, injuries and death sustained to me/ children or property, that I/children may have against the Funny Farm.
By this waiver, I/children, assume any risk, and take full responsibility and waive any claims of personal injury or death or damage to personal property with Funny Farm Rescue including but not limited to visiting the Funny Farm Rescue, observing or interacting with the animals, critter camp, using the facility and its equipment in any manner, form or fashion, and practicing and/or engaging in other related activities including the initiating of prohibited contact with the animals on and off the premises and disobeying any Funny Farm regulations both posted and unposted. It is a condition of entry that visitors do not venture into Funny Farm’s animal enclosures and or restricted areas.
This WAIVER AND RELEASE contains the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of the WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Funny Farm Rescue, whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE that I/children have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress of threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 year of age or older, and/or legal guardian of children, and mentally competent to enter into this waiver.
AFFIRMATION OF AUTHORITY: I hereby represent and affirm that I have the legal authority to sign this Agreement on behalf of any CHILD whose name appears on this Agreement. I further acknowledge, understand and appreciate that The Funny Farm Rescue is relying upon this representation in allowing any such CHILD to participate in the activities.
INDEMNIFICATION: In recognition of the RISKS and death identified above, I accept full financial responsibility for any injury or death I and/or my CHILD may cause to themselves or to any other person due to my and/or my CHILD’s negligence and/or intentional acts or omissions. I agree to indemnify and hold harmless Funny Farm Rescue and any other RELEASEES from liability for the injury or death of any person(s) and damage to property that may result from my and/or my CHILD’s negligent or intentional acts or omissions while participating in the ACTIVITIES.
ATTORNEYS’ FEES, INSURANCE: Should Funny Farm Rescue or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, including but not limited to, attorneys’ fees and costs incurred to defend against claims brought by me or my CHILD, or by third parties arising out of my or my CHILD’s negligence or intentional acts or omissions, I agree to indemnify and hold Funny Farm Rescue or anyone acting on its behalf harmless for all such fees and costs. I warrant that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the ACTIVITIES, or else I agree to bear the costs of such injury or damage myself.
PHOTO RELEASE: By entering Funny Farm Rescue and participating in the ACTIVITIES, I hereby grant Funny Farm Rescue on behalf of myself and my CHILD the irrevocable right and permission to photograph and/or record me or my CHILD in connection with Funny Farm Rescue and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and in any 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 photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
APPLICABLE LAW/VENUE/ARBITRATION: Any controversy between the parties hereto involving any claim arising out of or relating to use of the facilities, participation in the ACTIVITIES, or otherwise arising out of or relating to this Agreement shall be submitted to and be settled by final and binding arbitration in Atlantic County, New Jersey, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. In the event of litigation to enforce arbitration or settlement between the parties to this Agreement, or in the event arbitration is not available, then I agree to venue in the Courts of Atlantic County in the State of New Jersey. I agree that the substantive law of New Jersey shall apply in that action without regard to the conflict of law rules of that state, and I agree to, and hereby do, waive the right to a trial by jury.
SEVERABILITY: I agree and understand that this Agreement is intended to be as broad and as inclusive as permitted by law in the State of New Jersey and if any portion of this Agreement is found to be void or unenforceable, then the remaining document shall remain in full force and effect. NO OTHER REPRESENTATIONS, WARRANTIES, PROMISES, ETC.: I understand and affirm that there are no other representations, warranties, promises, understandings, etc., written or oral, regarding the subject matter of this Agreement, and that I will bound by the terms of this Agreement. I further understand that any amendment, change, or modification of this Agreement must be in writing and signed by the Funny Farm Rescue in order to change any term contained herein.
NOTICE TO THE MINOR CHILD’S PARENT OR NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE FUNNY FARM RESCUE AND ALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE FUNNY FARM RESCUE AND ALL OTHER RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND FUNNY FARM RESCUE AND ALL OTHER RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
By signing below, I affirm, understand and agree to the above terms in their entirety.
Dated: November 20, 2018