FRISBY FARMS, LLC Participant Waiver and Release of Liability Agreement Pumpkin Patch, Haunted Maze (Indoor/Outdoor), and Livestock Encounters Southern Utah Business Address: 2148 South Old Highway 91 Kanaraville, UT 84742 Phone: (435) 868-1681
NOTICE TO PARTICIPANTS This Waiver and Release of Liability Agreement (“Agreement”) is a legally binding document between the undersigned participant (“Participant”) and Frisby Farms, LLC, a Utah limited liability company (“Frisby Farms”), including its owners, officers, directors, employees, agents, contractors, volunteers, successors, and assigns. By signing this Agreement, Participant acknowledges and agrees to the terms herein and voluntarily waives certain legal rights. 1. ASSUMPTION OF RISK Participant understands and acknowledges that activities at Frisby Farms involve inherent risks, including but not limited to: - Uneven terrain, low lighting, confined spaces, and obstacles within indoor and outdoor haunted mazes
- Psychological effects including fear, anxiety, and emotional distress due to simulated horror elements, actors, props, and sensory effects (e.g., fog, strobe lights, loud noises)
- Interaction with live animals (e.g., goats, sheep, pigs, cows, chickens), which may result in bites, kicks, scratches, allergic reactions, or exposure to zoonotic diseases
- Exposure to natural elements including heat, cold, wind, dust, insects, and allergens such as hay, straw, and animal dander
- Risk of injury from slips, trips, falls, collisions, or other accidents
Participant voluntarily assumes all risks, known and unknown, associated with participation in these activities, including those arising from the negligence of Frisby Farms or others. 2. RELEASE AND WAIVER OF LIABILITY In consideration of being permitted to enter and participate in activities at Frisby Farms, Participant hereby releases, waives, and discharges Frisby Farms from any and all liability, claims, demands, actions, or causes of action for personal injury, illness, death, property damage, or other loss arising out of or related to participation in any activity on the premises, whether caused by negligence, gross negligence, or otherwise. This release applies to all claims under Utah law, including but not limited to claims for ordinary negligence, premises liability, and failure to warn. 3. INDEMNIFICATION Participant agrees to indemnify, defend, and hold harmless Frisby Farms from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Participant’s conduct, participation, or breach of this Agreement. 4. MEDICAL AUTHORIZATION AND RESPONSIBILITY Participant authorizes Frisby Farms to obtain emergency medical treatment in the event of injury or illness. Participant understands that Frisby Farms does not provide medical insurance and agrees to be financially responsible for any medical services rendered. 5. MEDIA RELEASE Participant grants Frisby Farms the irrevocable right to use photographs, video, and audio recordings taken during participation for promotional, advertising, and educational purposes in any media format, without compensation or prior notice. 6. MINORS If Participant is under the age of 18, this Agreement must be signed by a parent or legal guardian. The parent or guardian agrees to all terms herein on behalf of the minor and assumes full responsibility for the minor’s participation. 7. RULES AND CONDUCT Participant agrees to comply with all posted rules, verbal instructions, and safety guidelines provided by Frisby Farms staff. Frisby Farms reserves the right to remove any individual from the premises for disruptive, unsafe, or non-compliant behavior without refund. 8. SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 9. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Iron County, Utah. 10. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between Participant and Frisby Farms and supersedes all prior agreements or representations. No oral modifications shall be valid unless in writing and signed by both parties. DIGITAL SIGNATURE AND ACKNOWLEDGMENT By signing below, Participant affirms that they have read this Agreement in its entirety, understand its terms, and voluntarily agree to be bound by them. October 18, 2025 |