BARTON FARMS/BARTON FARMS PUMPKIN PATCH Release of Liability, Assumption of Risk, and Indemnification Agreement This release of liability, assumption of risk, and indemnification agreement ("Release") is entered into between Barton Farms/Barton Farms Pumpkin Patch, ("Company" and "Farm"). and the undersigned person(s) ("You" and "User"). You must agree to all the terms of this release to buy tickets to access, use, or enjoy Barton Farms Pumpkin Patch. By clicking that you have read and agree to this document, You and Your Guests are agreeing to all of the following terms and conditions.
You agree You are signing this Release, in consideration for the right of You and/or Your Guests to access, use, and enjoy a facility operated by the Company and the products, services, activities, and benefits therein (collectively referred to as the "Farm"). You understand and agree that the Company will not allow You or Your Guests to access, use, or enjoy the Farm, property, and activities unless You agree to the terms of this Release. You represent, warrant and covenant that You are at least 18 years old, and Your Guests are authorized to enjoy the Farm with You. "Guests" means (1) anyone for whom you have bought a ticket or other admission to the Farm, or (2) all persons in attendance with You at the Farm including, but not limited to, adults in your company, as well as any minors and disabled, or incompetent adults, under Your care or supervision. If any of your Guests are minors, You agree that, (1) You are such Guests' parent(s) or legal guardian(s), or (2) such Guests' parent(s) or legal guardian(s) have given You express authorization to allow such Guests to access, use, and enjoy the Farm, property, and activities with You or in your company. You assume all risks relating to Your and Your Guests' access, use, and enjoyment of the Farm, property, and activities. You represent that You are not under the influence of any controlled substance (including alcohol), and that You will not be under the influence of such substance when present at any Farm activity sites, or while participating in activities at the Farm. You realize that participating in/using the Farm activities while under the influence of a controlled substance would endanger others and Yourself, and you assume all risks and liability. You are aware that You and Your Guests might be photographed and/or videotaped during his/her participation and authorize such photographs and/or videotapes to be used by the Farm in training and/or promotional materials at any point in the future. You and Your Guests will not receive compensation for the use of such photographs and/or video releases. You give consent to the Farm's employees and to emergency medical personnel to treat You or Your Guests if they deem it to be medically necessary. You authorize the Farm's employees and subcontractors to secure such medical advice and services as they feel necessary for User's health or well-being. You agree that the Farm will not be financial responsible for such services. You hereby declare, acknowledge and give voluntary consent to allow the Farm's employees to assist You, Your Guests, successors, heirs, and next of kin assistance in the ingress and egress of various attractions. This consent includes, but is not limited to, bounce houses or hayrides, etc. if they deem it to be necessary. User authorizes the Farm's employees, and subcontractors to assist, as they feel necessary, for User's health or well-being. You agree to accept financial responsibility for any medical expenses and/or loss of income that results from You and Your Guests' participation in, or use of, the facilities, property, and/or activities at the Farm. You understand that Farm activities are by their nature, physically and emotionally demanding, and that participating in these activities may involve risks such as walking, running, bending, twisting, pullings, pushing, lifting, jumping, climbing, swinging, increased heart or breath rates, physical contact with other, or other risks that can be involved. You agree that access, use, and enjoyment of the Farm, property, and activities may present being subjected to risks of injury, harm and/or damages, to You and Your Guests, including but not limited to, minor physical injuries (such as scrapes, bruises, splinters, animal bites from snacks and such that could be present on property (in nature), ant, bee or bug bites), serious physical injuries and illness (such as broken bones, concussion, staph infection and E. coli infection), catastrophic physical injuries (such as death or paralysis), property damages, unforeseen harm (mental and/or emotional damage) and other losses (both economic and non-economic). You agree to accept and assume all risks, liabilities, and responsibility for all injuries, illness, health problems, emotional problems, mental problems, damages, and losses of any type arising from or relating to Your and Your Guests' access, use, and enjoyment of the Farm, property, and activities. You understand that Farm staff have the right to deny participation in activities, should they deem there is a safety or health concern. You agree that You and Your Guest must follow our rules and guidelines. If you or Your Guests are noisy, intoxicated, threatening, unruly, or not following our rules, You or Your Guest will be asked to leave the premises. You understand and assume all dangers and risks (both known and unknown) associated with Your presence at the Farm, property, activities, and/or any activity sites, and release and discharge of the Farm and their agents, officers and employees from any and all claims or causes of action arising from such presence or participation. You agree to indemnify and hold harmless BARTON FARMS/BARTON FARMS PUMPKIN PATCH, its successors or assigns, representative officers, agents and employees for any damage to property and/or injury to person (including death or paralysis) alleged or claimed to have been caused by or or through the use by the User, the bounce houses, hayrides, pallet maze, other activities, or the condition of the site, and shall indemnify and hold harmless BARTON FARMS/BARTON FARMS PUMPKIN PATCH and its successors or assigns, and the respective officers, agents and employees of BARTON FARMS/BARTON FARMS PUMPKIN PATCH from and against any and all claims arising of of the use by the User or the condition of the site of the bounce house, hayride, pallet maze or other activities, and whether or not such claim or claims are based in whole or in part on the negligence or contributory negligence of any one or more of them; the User shall pay, liquidate and discharge any and all claims or demands for personal injury (including death or paralysis) and for loss of and damage to any and all property caused by growing out of or incidental to the use of the bounce house, hayride, pallet maze, and any other activities at the Farm, but the User and Guests. YOU WAIVE THE RIGHT TO BRING ANY SUIT OR OTHER CAUSE OF ACTION IN COURT. Your purchase of these admission tickets is intended to bind Your representatives, administrators, successors, heirs, next of kin and assigns on his/her behalf. You are accepting these exact terms for each adult and minor individual that You are purchasing tickets for, and release BARTON FARMS/BARTON FARMS PUMPKIN PATCH, from any and all liability related to their visit to the Farm. To enter and enjoy the Farm, you agree as follows: - You are responsible for Your actions and the acts of others in Your group.
- You and Your Guests must follow all Farm rules, policies, and instructions.
- The Farm is not responsible for any lost, stolen, or damaged property.
- You assume all risks relating to Your and Your Guests use of the Farm.
- You agree not to sue the Farm.
- You agree to indemnify, defend, and hold harmless the Farm against all claims relating to You or anyone of Your Guests.
- You agree that the ticket is final sale, non-refundable, whether reliant, required for everyone ages 2 and up, and is valid for a one time entry into the Farm. The ticket can only be used for the date listed on the ticket. All non-scanned/unused tickets are non-transferable.
- Season dates may change depending on weather or other unforeseen circumstances. In the event of mechanical failure or inclement weather, BARTON FARMS/BARTON FARMS PUMPKIN PATCH may close the Farm or attractions/activities without notice. If weather causes the Farm to close for the entire day, tickets for that day may be used for another day we are open for Pumpkin Season.
- Pumpkin Patch tickets cannot be used for Winter Wonderland or other events hosted at BARTON FARMS.
- Tickets is proof of purchase and must be presented at the time of admission.
- Tickets are not to be duplicated for the purpose of falsifying entry.
- BARTON FARMS/BARTON FARMS PUMPKIN PATCH reserves the right to refuse entry.
- You and Your Guests are required to follow our rules.
- All children under 18 must have an adult with them at ALL times.
I Agree By clicking "I Agree" & by signing below, I am agreeing that I have read, understand and agree to the document above, my Guests and I are agreeing to all the terms and conditions listed above and will follow all rules posted.Date Agreed & Signed: November 19, 2024.
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