As a working farm, we want you to know that there are risks associated with being on-site at Sweet Farm. We ask that you carefully read this release and waiver (this “Release”) and sign it before being on-site.
WARNING TO VISITORS:
You are entering a farm protected under New York State Law (New York General Obligations Law § 18-303(1)(d), the “Safety in Agricultural Tourism Act”). State law requires this posting. Sweet Farm may have uneven pathways and grounds, animals, and equipment. You are assuming the risk and must exercise reasonable care, comply with all posted signage, and not willfully damage, remove, or ignore signage and directions, whether written or verbal, from employees/volunteers. Inherent risks of agricultural tourism and watching, seeing, petting and visiting the animals and walking grounds of the farm include among others, risks of both bodily injury and property damage inherent to land, farm equipment, playground equipment, and animals. Sweet Farm is not liable for injury, death, damage, or a loss to participate in an agricultural tourism activity conducted at the farm. By entering the farm, you agree to not act in any negligent manner that may contribute to injury, death, damage, or loss. You are assuming the risks by participating in activities at Sweet Farm.
If you feel you cannot comply with these directions, you are entitled to a full refund of your unused admission price, if applicable.
In return for being allowed to visit Sweet Farm and participate in its activities, which include but are not limited to, watching, seeing, petting and visiting the animals and walking grounds of the farm (collectively, the “Activities”), I or my parent/legal guardian if I am under age 18 (“I”, “me”, or “my”) hereby agree to each of the following:
1. I understand and acknowledge that there are known, unknown, inherent, and unanticipated risks that are associated with my participation in the Activities that may cause damage of property, injury, illness, or death. These risks include but are not limited to including the possibility of being bitten, scratched, jumped on, dragged, or knocked over by any of the animals located at the farm and the possibility of tripping, slipping, and falling while walking the grounds. I acknowledge and fully appreciate that these risks may cause personal or bodily injury and property damage, including but not limited to cuts, breaks, scrapes, bruises, and damage or destruction to my personal property which I am carrying on my person. Knowing the risks involved, I nevertheless voluntarily agree to participate in the Activities, and I hereby expressly assume all risks of any medical, physical, mental, or emotional condition that I may have, whether known or unknown, or suffer as a result of my participation in the Activities. I further acknowledge that I must exercise reasonable care regarding the risks of my participation in the Activities, and must comply with all posted wayfinding signs, remain in areas designated for visitors, and follow any and will posted rules of conduct or verbal instruction given by Sweet Farm.
2. I, on behalf of myself, my agents, children, parents, grandparents, personal representatives, heirs, distributes, successors
and assigns, hereby forever, irrevocably and unconditionally release, waive, relinquish, and discharge from liability, and covenant not to sue Sweet Farm Foundation and any of its employees, agents, officers, directors, volunteers, contractors, or affiliates (collectively “Sweet Farm”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expense, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my participation in the Activities including any claim for negligence, failure to warn or other omission, personal injury, mental or emotional injury, bodily harm, illness, paralysis, death, property damage, and any and all other potential claims for injury and damages arising out of or in any way related to my participation in Activities, except for injuries or damages caused by Sweet Farm’s gross negligence or willful misconduct. I understand and acknowledge that this Release discharges Sweet Farm from any liability or claim that I, my family, estate, heirs, assigns, or executors may have against Sweet Farm with respect to bodily injury, personal injury, illness, death, property damage, or any other loss that may result from the Activities.
3. I hereby grant Sweet Farm permission to use any photographs, images, videos, or audio recordings images of me, my likeness, or my voice made in connection with the Activities for any purpose without payment or compensation.
4. I have read and fully understand this Release. I understand that by signing this document I am giving up certain rights and accepting certain duties and have had the chance to consult with an attorney before signing it. I agree that the waiver shall not be construed against any party on the basis that such other party drafted the waiver. In the event a lawsuit is filed relating to or arising out of this Release, I agree that any lawsuit will be governed by the laws of the State of New York, I consent to the jurisdiction and venue of the State of New York, County of Yates, and I agree to waive a jury trial. I agree that this Release is intended to be as broad and inclusive as permitted by applicable law. In the event that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.