Uptown Farms Participation Waiver of Liability, Release and Indemnification Agreement
I desire to participate in the Matt and Kate Lambert dba Uptown Farms Pumpkin Patch (the “Activity”) which may include the activities: corn pit, bounce pillow, swing-sets, climbing on haystack pyramid, hay wagons pulled by tractors and/or ATV’s, staged photos, corn pits, walking outside, goats, and pumpkin sling shot shooting. In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Release.
This Release is binding on and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. This document constitutes the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. I agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release will be construed and interpreted as broadly as possible under the law of the state of Missouri.
1. ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I know the Activity involves inherent risks and dangers of accidents, serious personal and bodily injury, COVID-19 exposure, and death. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge Matt and Kate Lambert, Uptown Farms and each entity’s respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as “Pumpkin Patch”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my minor child, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of the Pumpkin Patch.
3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse the Pumpkin Patch from and against any claims by third parties resulting from my participation in the Activity.
4. COVENANT NOT TO SUE. I will not sue or make any claims against the Pumpkin Patch, nor join or assist in any other party’s lawsuit or claim against the Pumpkin Patch in connection with my participation in the Activity. I waive my insurers’ right to make a claim against the Pumpkin Patch based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against the Pumpkin Patch.
5. MEDICAL EXPENSES. I hereby consent to receive medical treatment if I get sick or injured while at the Pumpkin Patch. I understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.
6. REPRESENTATION OF PHYSICAL CONDITION. I, and any minor I am signing for, am sober and in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
7. COVENANTS. I will follow all instructions, recommendations, and all cautions of the Pumpkin Patch during the Activity. I will comply with all applicable laws while participating in the Activity. I will not participate in the Activity while under the influence of any medication which would impair my ability to operate or ride in a vehicle.
8. PUBLICITY. I hereby grant the Pumpkin Patch, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission
I desire to participate in the Matt and Kate Lambert dba Uptown Farms Pumpkin Patch (the “Activity”) which may include the activities: corn pit, bounce pillow, swing-sets, climbing on haystack pyramid, hay wagons pulled by tractors and/or ATV’s, staged photos, corn pits, walking outside, goats, and pumpkin sling shot shooting. In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Release.
This Release is binding on and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. This document constitutes the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. I agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release will be construed and interpreted as broadly as possible under the law of the state of Missouri.
1. ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I know the Activity involves inherent risks and dangers of accidents, serious personal and bodily injury, COVID-19 exposure, and death. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge Matt and Kate Lambert, Uptown Farms and each entity’s respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as “Pumpkin Patch”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my minor child, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of the Pumpkin Patch.
3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse the Pumpkin Patch from and against any claims by third parties resulting from my participation in the Activity.
4. COVENANT NOT TO SUE. I will not sue or make any claims against the Pumpkin Patch, nor join or assist in any other party’s lawsuit or claim against the Pumpkin Patch in connection with my participation in the Activity. I waive my insurers’ right to make a claim against the Pumpkin Patch based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against the Pumpkin Patch.
5. MEDICAL EXPENSES. I hereby consent to receive medical treatment if I get sick or injured while at the Pumpkin Patch. I understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.
6. REPRESENTATION OF PHYSICAL CONDITION. I, and any minor I am signing for, am sober and in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
7. COVENANTS. I will follow all instructions, recommendations, and all cautions of the Pumpkin Patch during the Activity. I will comply with all applicable laws while participating in the Activity. I will not participate in the Activity while under the influence of any medication which would impair my ability to operate or ride in a vehicle.
8. PUBLICITY. I hereby grant the Pumpkin Patch, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission