WAIVER AND RELEASE FROM LIABILITY for HELENA HOLLOW, SEESAW & CRICKET, LLC

 

By paying my entry fee and/or entering upon the property, I hereby WAIVE AND RELEASE, indemnify, and forever discharge HELENA HOLLOW  and its agents, employees, officers, directors, affiliates, successors, and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes, of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I or Child  ever had or may have arising from or in any way  relating to my/Child’s participation in ANY EVENTS or activities conducted by, on the premises of, or for the benefit of, HELENA HOLLOW  provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.

 

I understand the activities that I/Children participate in and that I/Children will see are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. I/Children will be in direct contact with animals that include but are not limited to horses, cows, goats, rabbits, chickens, turkeys, geese, deer, llamas, alpacas, etc. I understand that as with most animals, they may act in an unpredictable way to sounds, sudden movements, people or other animals that could result in injuries to people. On behalf of myself, said children, heirs, assigns and next of kin, I/Children waive all claims for damages, injuries and death sustained to me/Children or property that I/Children may have against the aforementioned released party to such activity.

 

My payment and/or entry on the property constitutes my understanding that use of the property by anyone with a health issue, disease, infirmity or impairment, of any kind, including but not limited to heart/lung issues, bone/joint issues, neurological/musculoskeletal issues or any infirmity caused by youth or advanced age, is evidence that said individual has fully assumed the risk of use of the property and fully WAIVES and RELEASES HELENA HOLLOW from any liability for loss, injury, further impairment or death.

 

By this waiver, I/Children assume any risk, and take full responsibility and waive any claims of personal injury, or death or damage to personal property with HELENA HOLLOW  including but not limited to visiting the petting farm, observing or interacting with the animals, using the facility and its equipment in any manner form and/or fashion, and practicing or engaging in other related activities including the initiating of prohibited contact with the animals on and off the premises and disobeying any petting farm regulations both posted and unposted. It is a condition of entry that visitors observe all warning signs, do not venture over exhibit safety barriers, and do not enter the petting farm’s off limits areas.

 

This WAIVER AND RELEASE contains the entire agreement between the parties and supercedes and replaces any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of HELENA HOLLOW whether by agreement, by operation of law, or otherwise.

 

I have read, understand, and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE, I/Children have given up considerable future legal rights. I accept this agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My payment and/or use of the property is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 years of age or older, and/or legal guardian of children, and mentally competent to enter this waiver.