Waiver of Liability: In consideration for receiving permission to participate in the Horseback Riding Tour, Petting Zoo Tour, Hay Wagon Ride, Pony Ride, Animal Encounter, Camps, Weddings, Banquets, Events and any and all other activities of any type whatsoever, including without limitation Guest’s mere presence in or on Farm’s premises, Guest, on behalf of Guest’s self, Guest’s family members, Guest’s heirs, personal representatives, and assigns (collectively, “Guest”), do hereby agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Romelia Farms, Inc., Watermill Holdings, Inc., and Hope Forward Foundation, Inc., and their officers, agents, insurers, volunteers, representatives, assigns, successors, and employees (hereinafter collectively referred to as “Farm”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, which may be sustained by Guest, and to any property belonging to Guest, while participating (whether actively or passively) in such activities and while in, on, or about the premises in which the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) OF FARM.
Guest further covenants not to bring any claims, demands, actions, causes of action, and/or litigation, against the Farm for any economic or non-economic losses of any type whatsoever, including without limitation those due to bodily injury, death, and/or property damage sustained by Guest in relation to the premises and operations of the Farm.
Assumption of Inherent Risks: Guest is fully aware and understand there are inherent risks involved in agricultural and agritourism activities, some of which are not readily observable, which risks include, but are not limited to, bodily injury, physical harm and even death to participants and spectators related to the Horseback Riding Tour, Petting Zoo Tour, Hay Wagon Ride, use of the Wedding Barn, access to the grounds of the Farm, and any and all other activities which occur on or at the Farm. Guest acknowledges that the operation of equipment, behavior of any animal, and customary agricultural and agritourism activities conducted at a farm are contingent to some extent upon the ability of the operator and participant. Guest accepts sole responsibility for Guest’s own conduct and actions while participating in the activities, and the condition and adequacy of Guest’s equipment. Further, Guest understands that “inherent risks of agritourism activities” shall mean those dangers or conditions which are an integral part of agricultural and agritourism activities, including, but not limited to:
- operation of farming equipment and machinery that may result in injury, harm, or death to persons on or around such implements;
- dangers of being in areas marked Do Not Enter, Off Limits to Customers, or any other methods used to demonstrate that specific areas are off-limits;
- the propensity of any animal to behave in ways that may result in injury, harm, or death to persons on or around them and/or damage to personal property in their vicinity;
- the unpredictability of an animal’s reaction to such things as sounds, sudden movements, and unfamiliar objects, persons or other animals;
- certain hazards such as surface and subsurface objects;
- exposure to biological, environmental, and chemical hazards;
- hazards related to climbing ladders, repetitive movements (such as cultivating or picking produce), and exposure to outdoor weather conditions;
- limited availability of emergency medical care; and
- the potential of any participant or spectator to act in a negligent manner that may contribute to injury to the participant or others.
Guest understands that Farm does not require Guest to participate in any activities whatsoever. GUEST voluntarily assumes full responsibility for any and all risks of loss, property damage, and personal injury, including death, which may be sustained by Guest, and any loss or damage to personal property owned by Guest as a result of being engaged in such an activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FARM or otherwise, to the fullest extent allowed by law.
Use of Substances: Guest is fully aware that illegal substances, smoking, and alcoholic beverages are not permitted on the property or during any activities. Guest fully agrees to abide by this rule. If Guest does not abide by this rule, Guest surrenders Guest’s permission to be on Farm and agree to leave the property immediately.
Indemnification: Guest also AGREES TO INDEMNIFY AND HOLD HARMLESS the Farm from any loss, liability, damage, or costs, including court costs and reasonable attorneys' fees that Farm may incur due to my participation in said activities, whether caused by Farm’s ordinary negligence or otherwise, to the fullest extent allowed by law.
Acknowledgements, Assertions, and Agreements: Guest warrants that a full and fair disclosure of Guest’s ability to participate in the above-noted activities have been made, and further:
Health Status – Guest asserts that:
- Guest does not have any undisclosed chronic physical or mental conditions that would contra-indicate Guest’s participation in agricultural or agritourism activities; and
- Guest is in good health and in proper physical condition to participate in the activities which Farm provides;
- Guest is not under the influence of alcohol or any illicit or prescription drugs which would in any way impair Guest’s ability to safely participate in the activities, and Guest has not been advised against participating in the activities by a health professional;
- Guest agrees that it is Guest’s sole responsibility to determine whether Guest is sufficiently fit and healthy enough to participate in the activities;
- Guest understands and acknowledges the physical and mental rigors associated with the activities which Farm provides and realize that such activities are inherently dangerous.
Emergency Care – Guest authorizes and agrees:
- For the administration of emergency first aid, CPR, and use an AED as may be deemed necessary;
- For Farm to secure emergency medical care or transportation (i.e., EMS) as may be deemed necessary; and
- To assume all costs of emergency medical care and transportation for myself and/or minor child(ren).
Rules & Safety Equipment –
- Guest agrees to abide by the rules and regulations established by Farm, including without limitation all oral instructions and directives; and
- Guest acknowledge that the Farm is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that Guest is unwilling or incapable of safely meeting the rigors of the activity. Guest accepts the Farm’s right to take such actions for the safety of myself, other participants, and/or the animals on the premises.
Covenant not to Sue; Mediation; Venue; and Severability Clauses: Guest covenants not to sue Farm for any present or future claim arising directly or indirectly from Guest’s presence in or at the Farm. This includes claims resulting from the inherent risks of agricultural and agritourism activities and the active or passive negligence of the Farm. If, notwithstanding the foregoing, Guest makes a claim against Farm, then Farm’s maximum liability shall not exceed the sum equal to the total amount paid by Guest to Farm for activities which gave rise to such claim.
Any controversy or claim arising out of or relating to this contract, including without the breach, enforcement, or construction thereof, shall be resolved by confidential, binding arbitration administered by a private arbitrator with an office located in Brevard County, Florida in accordance with the American Arbitration Association’s Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) shall be entered in the Circuit Court of the Eighteenth Judicial Circuit, in Brevard County, Florida. The party initiating arbitration shall pay all of the arbitrator’s fees and costs. The demand for arbitration shall be made promptly after the occurrence of the events giving rise to the claim, dispute, or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. The Parties shall not be entitled to discovery in the arbitration except that any Party shall be entitled to request no more than 100 pages of documents and to take one deposition not to exceed seven hours. The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness 10 days before the arbitration hearing. The arbitrator shall have no authority to award punitive, consequential, special, or indirect] damages, all of which are expressly waived by Guest. The arbitrator shall not be entitled to issue injunctive and other equitable relief.
THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH RESPECT TO ANY SUCH CLAIMS.
This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. Any action brought under this Agreement shall be brought within ninety days of the date on which Guest gives written notice to Farm of Guest’s intention to make a claim against Farm for any incident or dispute giving rise to said claim in an arbitration tribunal in Brevard County, Florida. Guest further agrees that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in agricultural or agritourism activities from a list acceptable to the Farm. Costs of mediation shall be shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees and reimbursement of any mediation fees. Guest also expressly agrees that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
IN SIGNING THIS PARTICIPATION AGREEMENT, GUEST ACKNOWLEDGES AND REPRESENTS THAT GUEST FULLY UNDERSTANDS ITS TERMS AND CONDITIONS. GUEST UNDERSTANDS THAT GUEST IS GIVING UP SUBSTANTIAL RIGHTS, INCLUDING GUEST’S RIGHT TO SUE FARM FOR INJURIES OR OTHER DAMAGES RESULTING FROM THE INHERENT RISKS OF AGRICULTURAL OR AGRITOURISM ACTIVITIES OR THE ACTIVE OR PASSIVE NEGLIGENCE OF FARM. GUEST FURTHER ACKNOWLEDGE THAT GUEST IS SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, INCLUDING THAT DUE TO ORDINARY NEGLIGENCE BY FARM, TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF FLORIDA.
NOTICE TO MINOR CHILD’S 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 FARM USES 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 FARM FOR ANY PERSONAL INJURY, INCLUDING DEATH, 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. THE FARM HAS THE RIGHT TO REFUSE TO LET YOU AND YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I certify that I am the Natural Guardian (as defined in Section 744.301 Florida Statutes—see definition below) of the minor child subject to this Agreement, and that I am authorized to execute this release on behalf of minor child. I understand that I am affirming that I am the Natural Guardian of the minor child and such affirmation of being the Natural Guardian is being relied upon by the Farm in allowing the minor child to participate in the activity.
I, on behalf of my child/ward, have read the foregoing and agree that the statements contained therein apply to the minor child/ward on whose behalf I am executing this document. I, on behalf of my child/ward, fully understand its terms, and understand that I, on behalf of my child/ward, have waived substantial rights by signing this document, and I have signed it freely and without inducement, coercion, or assurance of any nature, and intend it to be a complete and unconditional release of any and all liability, and agree that, if any portion of this agreement is held invalid by a court of competent jurisdiction, any portion not being held invalid shall remain in full force and effect and any invalid portion will be omitted to the minimum extent required by law.
*744.301 (1) Florida Statutes defines “Natural Guardian” as: “The parents jointly are the natural guardians of their own children and of their adopted children, during minority. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.”
Today's Date: September 21, 2023