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Festive Holidays DBA Fallstivities Pumpkin Patch


FESTIVE HOLIDAY LLC. DBA FALLSTIVITIES PUMPKIN PATCH

 

WAIVER OF LIABILITY, ASSUMPTION OF RISK,

AND INDEMNITY AGREEMENT

 

I agree to the following Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) with Festive Holidays DBA Fallstivities Pumpkin Patch as a condition for allowing entry to the premises, as well as participate in any or all of the following: pumpkin patch, any / all activities including but not limited to any / all inflatables, bounce houses and slides, photo props/ family fun area, arts and crafts area and face painting.

 Any of these activities, individually and collectively are referred to in this Agreement as “The Activities, including walking / standing / sitting within and through-out the premises” I also enter into this Agreement on behalf of my children/minor guests and agree that all parts of this Agreement shall apply to them (“I” and “my” shall collectively refer to myself and my children).

 I am voluntarily participating in “The Activities, including walking / standing / sitting within and through-out the premises.” I am aware of the risks associated with traveling to/from and participating in “The Activities, including walking / standing / sitting within and through-out the premises” which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of “The Activities” location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in “The Activities, including walking / standing / sitting within and through-out the premises,” including travel to, from and during “The Activities, including walking / standing / sitting within and through-out the premises.”

IT IS AGREED TO AS FOLLOWS:

 1. I have requested to participate in any or all of " The Activities, including walking / standing / sitting within and through-out the premises ."

 2. I certify that I do not have any physical condition that would interfere with or limit my ability to participate in The Activities.

 3. Risks. I understand there are or may be risks associated in The Activities, including walking / standing / sitting within and through-out the premises, whether inherent, or due to negligence or carelessness of the persons or entities being released, including the terrain, temperature, weather conditions, participation by other people, and defective equipment, setup of any or all equipment on the premises or property. I understand The Activities, including walking within / through-out the premises may involve serious bodily injury, including disfigurement and death which may be caused by my own actions, other participants, the conditions, terrain, negligence of the Releasees named above, and other risks or conditions not readily foreseeable and I fully assume all risks, costs, damages that I may incur by participating in The Activities, including walking / standing / sitting within and through-out the premises.

4. Waiver/Release/Indemnification.  In consideration for being allowed to participate in “The Activities, including walking / standing / sitting within and through-out the premises, on behalf of myself and my next of kin, heirs and representatives, I individually and on behalf of my heirs, successors, assigns, and executors, hereby voluntarily and fully release, waive, discharge, hold harmless, defend and indemnify Festive Holidays LLC DBA Fallstivities Pumpkin Patch, its owners, employees, volunteers, agents from, against and for any and all liability, claims, causes of action, damages, or economic or emotional loss, costs, fees, and injuries, including, but not limited to, death arising from or in connection with my participation in “The Activities, including walking / standing / sitting within and through-out the premises,” known or unknown, for whatever reason including negligence, resulting in any physical or psychological injury (including paralysis and death), illness, I may suffer because of my participation in “The Activities including walking / standing / sitting within and through-out the premises” including travel to, from and during “The Activities including walking / standing / sitting within and through-out the premises.”

I, individually and on behalf of my heirs, successors, assigns, and executors, hereby agree to hold Festive Holidays LLC DBA Fallstivities Pumpkin Patch and/or Auxiliaries harmless from any and all claims, including attorney’s fees or damage to my personal property that may occur as a result of my participation in “The Activities including walking / standing / sitting within and through-out the premises,” including travel to, from and during “The Activities.” If Festive Holidays LLC DBA Fallstivities Pumpkin Patch and/or Auxiliaries incur any of these types of expenses, I agree to reimburse Festive Holidays LLC DBA Fallstivities Pumpkin Patch and/or Auxiliaries. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing Festive Holidays LLC DBA Fallstivities Pumpkin Patch and/or Auxiliaries from all liability, (b) promising not to sue Festive Holidays LLC DBA Fallstivites Pumpkin Patch and/or Auxiliaries, (c) and assuming all risks of participating in “The Activities, including walking / standing / sitting within and through-out the premises,”, including travel to, from and during “The Activities, including walking / standing / sitting within and through-out the premises.”

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 in full force and effect. 

I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.

If Participant is under 18 years of age: Parental and Legal Guardian Consent

I am the parent or legal guardian of the Participant. I understand the legal consequences of signing this document, including (a) releasing Festive Holidays LLC DBA Fallstivities Pumpkin Patch and/or Auxiliaries 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 “The Activities, including travel to, from and during “The Activities, including walking / standing / sitting within and through-out the premises.” I allow Participant to participate in “The Activities including walking / standing / sitting within and through-out the premises.” I understand that I am responsible for the obligations and acts of Participant as described in this document. I understand the nature The Activities, including walking / standing / sitting within and through-out the premises and know the minor’s experience and capabilities and believe the minor to be qualified to participate. I hereby acknowledge that this assumption of risk, waiver of release and indemnification also extends to the minor child(ren). I agree to be bound by the terms of this document.

I have read this two-page document, and I am signing it freely. No other representations concerning the legal effect of this document.

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

March 22, 2023





First Participant's Name

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

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

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

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

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

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

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

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

First Name*

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

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

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

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






By signing below the Parent 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

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Parent or Guardian's Date of Birth*
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 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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