PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Family Fun Farm Inc., their agents, owners, officers, volunteers, employees, and all other persons or
entities acting in any capacity on their behalf (hereinafter collectively referred to as "FAMFUN"), I hereby agree to release, indemnify, and discharge FAMFUN, 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/with Bumper Boats, Jumping Pillow, Wagon Rides, Raft and Trolley Swing, Supervised Go Carts, Kiddie go cart and pedal cars, Pony Rides, Petting Zoo, Hiking, Tubing, Pony Rides and other amusement activities 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 such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; colliding with others; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; cardiac related illness; heat exhaustion, heat stroke, and cardiac related events or illness; falling off of or being thrown from the inflatable the negligence of other visitors, participants, or other persons who may be present; equipment failure; my own physical condition, and the physical exertion associated with this activity; a horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from your horse or injured by the horse; horses may do such things as bite, kick, buck, lie down, or stumble; saddles may slip and other tack or saddle problems may develop as a result of normal use; riding a horse requires the participant to balance on the saddle; transmissible pathogen or disease; participants may lose their balance that can result in falling from the horse.
Furthermore, FAMFUN 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. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation
device (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FAMFUN from 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 FAMFUN 's equipment or
facilities, including any such claims which allege negligent acts or omissions of FAMFUN.
4. Should FAMFUN 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 FAMFUN, I agree to do so solely in the state of New York, 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 a court of law to have waived my right to maintain a lawsuit against FAMFUN on the basis of any claim from
which I have released them herein. I have had sufficient opportunity to read this entire document. I also agree that this document
is valid for subsequent visits and participation at FAMFUN. 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 FAMFUN to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold
harmless FAMFUN 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).
