Springtime Farms LLC (DBA Springtime Farms Adventure Park and Petting Zoo), PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION

BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE SPRINGTIME FARMS LLC FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF SPRINGTIME FARMS LLC, INCLUDING ANY OF ITS AGENTS, EMPLOYEES AND EQUIPMENT.

I understand that we are participating in and agritourism activity and acknowledge Florida Statue 570.89
WARNING Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.

In consideration of being allowed to participate in the services and activities, including, but not limited to, Agritourism Activities, petting farm and nursery access, feeding, holding and touching chickens, roosters, geese, giunea’s, peacocks, turkeys, cows, goats, donkeys, llamas, sheep, pigs, hogs, guinea pigs, rabbits, cats, dogs, parakeets, cockatiel, finch, parrots, hedge hogs, pigeons, pheasants, butterflies, moths, snakes, insects, quail, reptiles, skunks, lemurs, prairie dogs, ducks, tortoise, turtles and any other animal on the farm. Other activities include the jumping pillow, cornball, cornhole, tug-o-war, duck races, ball zone, steer roping, mazes, gardens, music station, butterfly aviary, parakeet aviary, zip lines, ropes course, hay ride, fire pits, tractor pull, playgrounds, slides, waterslides, slip and slides, swings, bale lift, trampolines, bounce houses, obstacle courses, paintball shooting, archery, axe throwing, sand pits, sand mountain, mini golf, rat rollers, barnyard billiards, farmin fooseball, gem mining, pig races, rollerball, tetherball, kidsville, haunted houses, haunted trails, Christmas light show, Christmas trails, Easter egg hunts and snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by Springtime Farms LLC (Springtime Farms Adventure Park and Petting Zoo) and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “Springtime Farms LLC”),I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge Springtime Farms LLC on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider Springtime Farms LLC premises and facilities. It is further warranted that such entry into Springtime Farms LLC facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s). The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s)hereby represent that (i) I/we are in good health and in proper physical condition to participate in the activities in which Springtime Farms LLC provides; and (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in activities; (iii) I/we have not been advised against activities by a health professional. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in activities. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the activities, and the condition and adequacy of the equipment.
(1) RELEASE OF LIABILITY: Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge and agree not to sue Springtime Farms LLC, including its suppliers, designers, installers, manufacturers of any equipment, buildings or such other material and equipment in Springtime Farms LLC facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Springtime Farms LLC or any EQUIPMENT SUPPLIERS, whether the action arises out of any damage, loss, personal injury, or death to me or my spouse, minor child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES in or about the premises. This Release of Liability, is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of Springtime Farms LLC and/or any EQUIPMENT SUPPLIERS.
(2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or negligence of Springtime Farms LLC or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to participate in the ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) as a result of the participation in ACTIVITIES in or about the facility, including any such loss due to any negligence of Springtime Farms LLC and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless Springtime Farms LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Springtime Farms LLC and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against Springtime Farms LLC and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments Springtime Farms LLC and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of Springtime Farms LLC or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless Springtime Farms LLC for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to Springtime Farms LLC or its facility and/or to any and all other persons and entities acting in any capacity on behalf of Springtime Farms LLC.
(3) ATTORNEYS’ FEES: I promise to indemnify Springtime Farms LLC for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Springtime Farms LLC, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
(4) PHOTO RELEASE: By entering Springtime Farms LLC and participating in the ACTIVITIES, I hereby grant Springtime Farms LLC on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with Springtime Farms LLC and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
(5) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my spouse and/ or child(ren)/ward(s) visit Springtime Farms LLC, whether at the current location or any other location or facility. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(6) VENUE: In the event a lawsuit is filed against Springtime Farms LLC, I agree to the sole and exclusive venue of Lee County, Florida. I further agree that the substantive law of Florida shall apply without regard to any conflict of law rules.
By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action against Springtime Farms LLC on the basis of any claim from which I have released Springtime Farms LLC and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless Springtime Farms LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Springtime Farms LLC and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against Springtime Farms LLC and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

You MUST be 18 years old or older to sign your own waiver. You MUST be the Parent or Legal Guardian to sign for a minor (under age 18)

We reserve the right to review your license and/or other forms of ID to verify identity and age.