Kelkenberg Farm of Clarence, LLC Waiver:
1. The farm is open rain or shine, all ticket sales are final and non-refundable.
2. Due to federal & state food safety regulations and the safety of our own farm animals, pets are NOT allowed on the farm.
3. I understand that this is a working farm protected under New York State Law “Safety in Agritourism Act” and agree to this law and will read signs before entering the premises.
4. Acknowledgment of Risks: I, along with my joint party (the "Participants"), acknowledge that participating in activities at Kelkenberg Farm of Clarence involves inherent risks. These activities include but are not limited to physical and outdoor activities, interaction with animals, consumption of food and beverages, and participation in attractions and activities that may involve physical exertion or potential accidents. We understand that these activities may result in personal injury or property damage.
5. Assumption of Risk: Myself and my joint party voluntarily assume all risks associated with visiting Kelkenberg Farm of Clarence.
6. Release of Liability: In consideration of being allowed to visit Kelkenberg Farm of Clarence, I, on behalf of myself and my joint party, our heirs, executors, administrators, and assigns, hereby release, waive, and discharge Kelkenberg Farms of Clarence, LLC, its owners, employees, agents, and all other persons or entities acting in any capacity on its behalf (collectively referred to as "the Released Parties") from any and all claims, demands, actions, or causes of action, arising out of or in any way connected with our visit to the farm, including claims based on the Released Parties' negligence.
7. Indemnification: I agree to indemnify and hold harmless the Released Parties from any and all claims, demands, actions, or causes of action, including attorneys' fees and expenses, which are in any way connected with our participation in the Event. This indemnification applies to claims arising from the actions, inactions, or negligence of the Released Parties or any third parties involved.
8. Conduct and Safety: I agree, on behalf of myself and my joint party, to follow all safety instructions and rules provided by the Event organizers. We understand that failure to comply with these instructions and rules may result in our removal from the farm property without a refund.
9. Media Release: I grant permission to the Released Parties to use photographs, videos, or other recordings of myself and my joint party taken at the farm for promotional or commercial purposes without compensation or further notice.
10. Severability: If any portion of this waiver is found to be invalid or unenforceable, the remaining portions shall continue to be valid and enforceable.
MYSELF AND MY JOINT PARTY HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.