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PARTICIPANT AGREEMENT 

WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT 

 

 

Waiver of Liability: In consideration for receiving permission to participate in any event, workshop, visit, or rental at From the Woods Farm, I, on behalf of myself, my family members, my heirs, personal representatives, or assigns,  do hereby agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE From the Woods Farm LLC., located at  

74 Bunker Hill Rd, Canton CT 06019 , members, agents, volunteers, or employees (hereinafter  referred to as FARM) from any and all liability, claims, demands, actions, and causes of action  whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained  by me, or to any property belonging to me, while participating in such activity, while in, on or upon the  premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS  CAUSED BY THE ORDINARY NEGLIGENCE (ACTIVE OR PASSIVE) OF FARM. 

 

AND that except in the event of the FARM’s gross and willful negligence, I agree not to bring any claims,  demands, actions and causes of action, and/or litigation, against the FARM for any economic and non economic losses due to bodily injury, death, and/or property damage sustained by me in relation to the  premises and operations of the FARM. 

 

Assumption of Inherent Risks: I am fully aware and understand there are inherent risks involved in  agricultural and agritourism activities, which risks include, but are not limited to, bodily injury, physical  harm and even death to participants and spectators from animal interactions and farm operations which may occur in normal participation of such activities. I acknowledge that the operation of  equipment, harvesting of produce, behavior of any animal, and customary agricultural or agritourism  activities conducted at a farm is contingent to some extent upon the ability of the operator and participant.  Further, I understand that “inherent risks of agriculture activities” shall mean those dangers or conditions  which are an integral part of agricultural and agritourism activities, including, but not limited to:

 

🖉 operation of farming equipment and machinery that may result in injury, harm, or death to persons  on or around such implements; 

🖉 dangers of being in areas marked Do Not Enter, Off Limits to Customers, or any other methods to  demonstrate that specific areas are off-limits; 

🖉 the propensity of any animal to behave in ways that may result in injury, harm, or death to persons  on or around them and/or damage to personal property in their vicinity; 

🖉 the unpredictability of an animal’s reaction to such things as sounds, sudden movements and  unfamiliar objects, persons or other animals; 

🖉 certain hazards such as surface and subsurface objects; 

🖉 exposure to biological, environmental, and chemical hazards; 

🖉 hazards related to climbing ladders, repetitive movements (such as cultivating or picking produce),  and exposure to outdoor weather conditions; 

🖉 limited availability of emergency medical care; and 

🖉 the potential of any participant or spectator to act in a negligent manner that may contribute to  injury to the participant or others. 

I understand that FARM does not require me to participate in this activity. I voluntarily assume full  responsibility for any risks of loss, property damage, or personal injury, including death, that may be  sustained by me, or any loss or damage to personal property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FARM or otherwise,  to the fullest extent allowed by law. 

 

Use of Substances: I am fully aware that illegal substances are not permitted on the property or during any activities. I fully agree to abide by this rule. If I do not abide by  this rule, I surrender my permission to be on FARM and agree to leave the property immediately. Any use of legal substances is at visitors own liability and risk, and no liability of the FARM and its members.  All guests are expected to adhere to, and abide by laws regarding said legal substances, ie: alcohol, and uphold general respect for our farm, property and animals.  Any guests who abuse such regulations may be asked to leave or result in Police intervention.

 

Indemnification: I also AGREE TO INDEMNIFY AND HOLD HARMLESS the FARM from any loss,  liability, damage, or costs, including court costs and reasonable attorneys' fees that FARM may incur due  to my participation in said activities, whether caused by FARM’s ordinary negligence or otherwise, to the  fullest extent allowed by law. 

 

Acknowledgements, Assertions, and Agreements: I warrant that a full and fair disclosure of my ability  to participate in the above noted activities have been made, and further: 

Health Status – I assert that: 

  • I do not have any undisclosed chronic physical or mental conditions that would contra-indicate  my participation in agricultural or agritourism activities; and 

  • I possess sufficient physical fitness and skill to enable safe participation. 

  • I will protect myself, my guests, the animals, and the employees of the farm by supporting health department requirements;  I will maintain good hygiene at all times – hand washing, sanitizing

 

Emergency Care – I authorize or agree: 

  • For the administration of emergency first aid, CPR, and use an AED as may be deemed  necessary; 

  • For FARM to secure emergency medical care or transportation (i.e., EMS) as may be deemed  necessary; and 

  • To assume all costs of emergency medical care and transportation for myself and/or minor  child(ren).

 

Rules & Safety Equipment – 

  • I agree to abide by the rules and regulations established by FARM; and 

  • I acknowledge that the FARM is conducting all activities in good faith and may find it necessary  to terminate my participation if it is determined that I am incapable of safely meeting the rigors of  the activity. I accept the FARM’s right to take such actions for the safety of myself, other  participants, and/or the animals on the premises. 

 

Covenant not to Sue; Mediation; Venue; and Severability Clauses: I covenant not to sue FARM for  any present or future claim arising directly or indirectly from my participation at the FARM. This  includes claims resulting from the inherent risks of agricultural and agritourism activities and the active or  passive negligence of the FARM. 

 

This Agreement shall be construed and interpreted in accordance with the laws of the State of  Connecticut. Any action brought under this Agreement shall be brought within one (1) year of the incident  or dispute giving rise to said claim in a court of competent jurisdiction in the County of  Hartford.

 

 I further agree that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in  agricultural or agritourism activities from a list acceptable to the FARM. Costs of mediation shall be  shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and  fees associated with the litigation, including reasonable attorney fees and reimbursement of any mediation  fees.

 

I also expressly agree that this Participant Agreement is intended to be as broad and inclusive as  permitted by the laws of the State of Connecticut and that if any portion thereof is held invalid, it is agreed  that the balance shall, notwithstanding, continue in full force and effect. 

IN COMPLETING THE ONLINE LIABILITY WAIVER FOR THIS PARTICIPATION AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I fully understand its terms and conditions. I understand that I am giving up substantial  rights, including my right to sue FARM for injuries resulting from the inherent risks of agricultural  or agritourism activities or the active or passive negligence of FARM. I further acknowledge that I  am signing this agreement freely and voluntarily, and intend my signature to be a complete and  unconditional release of all liability, including that due to ordinary negligence by FARM, to the  greatest extent allowed by the laws of Connecticut. 

 

* If a participant is a minor (less than 18 years of age), the parental or guardian signature above  indicates full understanding of the above terms and, as may be permitted by law, is waiving both  the rights of the minor participant and the rights of the parent/guardian pursuant to this  Agreement. 

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I understand that photographs, pictures or videos may be taken of me and my guests in connection with my participation in farm activities, and that these pictures may be used on the From the Woods Farm website, posted on Instagram, Facebook, or other social media sites.

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