RELEASE AND WAIVER OF CLAIMS; INDEMNIFICATION AGREEMENT
In consideration for permission to enter Pinto’s Farms and participate in animal related and farm related activities, you will be expressly assuming the risk and legal liability, waiving your legal rights and releasing all claims for injuries, damages, or loss which you might sustain as a result of participating in any and all activities connected with and associated with use of the Pinto’s Farms and agreeing to hold harmless Pinto’s Farms. These activities include but are not limited to pedal boats, pedal karts, tractor ride, inflatable slide and pad, park and pony rides, as well as any and all interactions, feeding and handling of the various farm animals provided in the farm, including but not limited to, goats, cows, sheep, ponies, horses (the “Activities”). It is agreed on behalf of the event attendee and for his/her heirs, assigns, (hereinafter collectively “Attendee”) that:
1. ASSUMPTION OF RISK : Attendee is aware that riding any of the attractions or handling or working with any of the animals is very dangerous, with a high risk of serious injury or death, to both the Attendee and the animal(s). THERE ARE INHERENT RISK OF PROPERTY DAMAGE, ILLNESS, INJURY OR DEATH in these Activities that no amount of care, caution or instruction can eliminate. Such dangers include but are not limited to, drowning, being thrown off, being kicked, bitten, stomped on, run into, run over, attacked etc. Attendee is also aware that any interaction or handling of farm animals is an unpredictable activity.
2. RELEASE FROM LIABILITY, WAIVER OF CLAIMS AND COVENANT NOT TO SUE. In consideration for being permitted to participate in any outdoor related and animal related Activities by Pinto’s Farm, Attendee agrees TO FOREVER DISCHARGE AND RELEASE FROM ANY LEGAL LIABILITY, WAIVER ANY AND ALL CLAIMS AND NOT TO SUE Pinto’s Farm, its owners or operator for any injuries or property damage caused by or resulting from any access to farm animals, rides and Activities INCLUDING BUT NOT LIMITED TO INCIDENTS ARISING OUT OF Pinto’s Farm’s NEGLIGENCE.
3. INDEMINIFICATION AGREEMENT. Attendee agrees for himself/herself and his/her heirs, assigns and representatives to INDEMNIFY AND HOLD HARMLESS Pinto’s Farms, its owners and operators from any and all losses, claims, actions, causes of actions or proceedings of any kind which may be initiated by Attendee or by any other person or organization on Attendee’s behalf, including demands for damages, judgments, costs, loss of services, or expenses arising from Activities contemplated by this agreement, including but not limited to reasonable attorney’s fees incurred by Pinto’s Farms, it owners or operators. ATTENDEE IS AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT HE/SHE IS RELEASING LEGAL
RIGHTS FOR HIMSELF/HERSELF AND HIS/HER HEIRS BY SIGNING IT. ATTENDEE EXPRESSLY AGREES THAT THE FORGOING AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW AND THAT IF ANY PORTION OR PARAGRAPH IS HELD INVALID, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
4. Under Florida Law, an agritourism operator is not liable for injury or death of, or damage or loss to , a participant in an agritourism activity conducted at this agritourism location if such loss to , a participant in an agritourism activity conducted at this agritourism location if any results from the inherent risks of the agritourism activities.
PERSONAL RESPONSIBILITY
Attendee certifies that he/she has no physical or mental conditions that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. Attendee understands that his/her participation in the Activities in voluntary and further understands that he/she is obligated to follow the rules of the Activities and he/she can minimize the risks of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Attendee observes any unusual hazard, which he/she believes jeopardizes his/her safety or that of others, he/she will remove himself/herself from participation in the Activity and immediately bring said hazard to the attention of Pinto’s Farms.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.