Waiver
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Copper Creek Farm, their agents, owners, officers, volunteers, employees, and all other persons or entities ascent in any capacity on their behalf (hereinafter collectively referred to as “CCF”), I hereby agree to release, indemnify, and discharge CCF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in all activities at CCF including but not limited to corn maze, pumpkin patch, pony rides, wagon rides, petting zoo, giant jumping pillow, barnloft slide, gem mining, and bunnyville entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that suck risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls, the negligence of other participants or myself; weather conditions; falling from significant heights; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; dislocations, pinched fingers, rope burns; pinches, scrapes; exposure to sun. Exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; the negligence of other participants or persons who may be present; the forces of nature, including lightning and rapid weather changes; transmissible pathogens disease; my own physical condition, and the physical exertion associated with this activity. In any event, in you or your child is injured, and medial assistance will be at your own expense.
Furthermore, CCF personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CCF form any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of CCF’s equipment or facilities, including any such claims which allege negligent acts or omissions of CCF.
4. Should CCF or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against CCF, I agree to do so solely in the state of Georgia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by your of law to have waived my right to maintain a lawsuit against CCF on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at CCF. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (must be completed for participants under the age of 18)
In consideration of the following minor(s): being permitted by CCF to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless CCF from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
