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FESTIVE HOLIDAYS,  L.L.C DBA FALLSTIVITES PUMPKIN PATCH, L.L.C 

FESTIVE HOLIDAY LLC. DBA FALLSTIVITIES PUMPKIN PATCH, LLC

 

WAIVER OF LIABILITY, ASSUMPTION OF RISK,

AND INDEMNITY AGREEMENT

  

 (1) You are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the event; (2)You are healthy enough to participate, and do not have symptoms of COVID 19 such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well; (3)You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19; (4) you consent to having you (or your minor child’s) temperature checked upon entering the event.

 ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 

 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

 In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 

 I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC facilities and equipment. located at 239 Los Cerritos Center, Cerritos, CA 90703 (the “Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility”). I acknowledge and agree for myself and any Child under my supervision that monitoring, observation, and similar activities are considered use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility that involve the risks described herein. In consideration for being allowed to use said facilities and equipment, and any other services provided by Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC or its employees or agents at said location, or any other location within the State of California, I represent, acknowledge and agree as follows:

GENERAL RELEASE

I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and their respective and collective agents, owners, officers, managers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC”) 

 RELEASE OF POTENTIAL INJURIES

I acknowledge and agree that the use of installations, activity stations, rides, displays, and the other equipment at the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility and that participating in these activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the activities that take place at the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility are monitored generally by Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility employees and volunteers, it is not feasible for such employees and volunteers to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the installations, activity stations, rides, displays, and other equipment being used might malfunction.

 VOLUNTARY ASSUMPTION OF RISK

I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility employees or volunteers could cause me or the Child significant bodily injury (as described in this Agreement), and that Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility is not responsible for the actions or activities of customers using the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility or the negligence of its employees or volunteers in supervising the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following: 

 a) Participants may die or become paralyzed, partially or fully, through their use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility facility and participation in Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC activities.

b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the installations or other equipment, landing improperly on the installations or other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.

c) Participants may fall on each other, resulting in broken bones and other serious injuries. Participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.

d) Traveling to and from installations and equipment can result in similar physical injury (even if the participant is not engaged in the activity at that time).

e) Observing, standing, sitting or taking photographs at or near any installation, equipment, or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).

f) Participation during reduced or altered lighting events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other participants, or collide with installations and equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death. 

g) I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, negligence, conditions related to travel, or the condition of the Activity Location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during the Activity. 

h) I further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and

unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment

malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), Festive Holidays, LLC DBA Fallstivities Pumpkin Patch and/or any other person and/or entity while on the PREMISES;

 LIABILITY FOR PROPERTY:

 I, on behalf of myself, spouse, domestic partner and child(ren) agree Festive Holidays DBA Fallstivites Pumpkin Patch, LLC is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not agree Festive Holidays DBA Fallstivites Pumpkin Patch, LLC was negligent.

 CANCELLATION and TICKET PURCHASE POLICY:

All tickets are final sale and non-refundable. In the event that your session is canceled postponed, your tickets will remain valid for any other day during the current season. Please note that tickets are valid until the end of the current season until we leave the location. Tickets can only be used once. 

 WEATHER POLICY:

Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC is a weather dependent event and does not open up in the rain. At Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC, the safety of our customers and staff is our top priority. Since our event is weather dependent, we do not operate during rain. We recommend checking the local weather report before your visit. In case of inclement weather conditions that would pose a risk to our customers and staff, such as thunderstorms, heavy rain, or strong winds, we reserve the right to postpone, reschedule, cancel or alter elements of the event or individual sessions. If this happens, we will notify you via email and SMS, and your visit will be postponed. If your visit is postponed, don't worry! Your tickets will still be valid for any date during the current season (now) and until the end date, October 30, 2023. Please note: if tickets are not redeemed by the final weekend, refunds will not be issued. We understand that changes can be inconvenient, but we want to ensure that everyone has a safe and enjoyable experience at Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC. We keep a close eye on the weather ahead of our events, and we will communicate any changes as soon as possible to guest via Social Media.

 DATE CHANGE and TIME CHANGE POLICY:

On rare occasions we may have to reschedule the event due logistical or weather related reasons. We will give enough notification as possible. Please note:  All tickets purchased in person or online are not refundable; however, you may choose to use your ticket any day during the current season and until the end date of the event, October 30, 2023 or you may gift your ticket(s) to someone.

 EVENT OFFERING CHANGES:

Our goal is always to deliver the full Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC experience. On rare occasions this may not be possible due to unforeseen logistical issues. In these circumstances we reserve the right to alter, substitute or withdraw individual elements of the event. Where possible we will communicate this in advance.

 AGREEMENT TO PAY MY OWN MEDICAL EXPENSES

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, such assistance shall be at my own expense. 

 RELEASE OF LIABILITY

The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, premises and/or its equipment (whether installations, activities, rides, or otherwise), the Child’s and/or my entry into the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, the condition, maintenance, inspection, supervision, control or security of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, the failure to warn of dangerous conditions in connection with the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, and/or the acts or omissions of Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the installations, but also all other equipment, and all activities and games at the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom. 

On the Child’s and my behalf, I knowingly and voluntarily waive any and all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs. 

ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM

MEDIATION, NON-BINDING ARBITRATION AND VENUE:

If a dispute arises out of or relates to this AGREEMENT and/or Festive Holidays, LLC DBA Fallstivities Pumpkin Patch, LLC EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the PREMISES, and/or while using any items purchased inor about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and the other Releasees for any and all claims covered by this Agreement by agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN 30 DAYS OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness. 

 ATTORNEYS’ FEES:

To the extent permitted by law, I promise to indemnify and pay Festive Holidays, LLC DBA Fallstivities Pumpkin Patch for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER

In connection with my and the Child’s use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.

TERM OF AGREEMENT

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC, whether at the current location or any other location or facility.

SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:

a) You acknowledge that there are inherent risks in the participation in or on any equipment, installation, or activity, and that such risks include not only the use of installations, but other activities and equipment. Participants who engage in any activities or use any equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Participants have a duty to exercise good judgment and act in a responsible manner while using the equipment, and while engaging in such activities. Participants have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

b) You have a duty to not participate in any activity on any installations or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.

c) You have a duty to properly use all safety equipment provided while using equipment and installations.

d) You have a duty to not participate in any activity using equipment and installation, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.

e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

f) You have a duty to avoid bodily contact with other patrons.

g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any activity or using installations and equipment.

h) You have a duty to avoid crowding or overloading individual installations or other equipment.

i) You have a duty to use the equipment, within your own limitations, training and acquired skills.

j) You have a duty to avoid falling and landing on the head or neck. Serious injuries, paralysis or death can occur when jumping on, off, or falling from, installations or equipment, or elsewhere.

k) You also agree to follow and obey all posted and stated warnings and patron education signs.

l) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.

I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC and me relating to the Child’s and my use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force. 

I understand that this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.

By signing, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I understand the legal consequences of signing this document, including (a) Festive Holiday, LLC DBA Fallstivites Pumpkin Patch, LLC from all liability on my and the Participant’s behalf, (b) promising not to sue on my and the participant’s behalf, (c) and assuming all risks of the Participant’s participation in this Activity, including travel to/from and during the Activity. I allow Participant to participate in this Activity. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC Facility. 

 I understand the legal consequences of signing this document, including (a) Festive Holiday, LLC DBA Fallstivites Pumpkin Patch, LLC from all liability on my and the Participant’s behalf, (b) promising not to sue on my and the participant’s behalf, (c) and assuming all risks of the Participant’s participation in this Activity, including travel to/from and during the Activity. I allow Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document. 

 I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”). 

 IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY Festive Holidays, LLC DBA Fallstivites Pumpkin Patch, LLC RELATED ENTITY.

 I certify that I am the parent or legal guardian of the stated minor(s) and or child(ren)

I agree to the terms of the above agreement

THIS WAIVER IS GOOD FOR 13 MONTHS FROM THE DATE BELOW.

May 28, 2024





First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

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

Email
A signed copy of this waiver will be sent to the email address you provide.

Parent(s), Spouse, Domestic Partner, Guardian, Guardian, Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor(s) are subject to all the terms of this document, as set forth above.






By signing below the Parent, Spouse, Domestic Partner, Guardian 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*
Parent or Guardian's Date of Birth*
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.


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