Participant Agreement

WAIVER OF LIABILITY, INDEMINFICATION, AND HOLD HARMLESS AGREEMENT

Waiver of Liability: In consideration for receiving permission to participate in the YOU PICK LAVENDER today, I, on behalf of myself, my family members, my heirs, personal representatives, or assigns, do hereby agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE CATSKILL MOUNTAIN LAVENDER LLC,  FICK FAMILY FARMS, LLC, and RINK & LIZZIE TISH LLC all having a mailing address of 858 Route 212,  Saugerties, New York 12477 and such farm and lavender field  located at 859 Blue Mountain Road, Saugerties, New York 12477, their officers, members, agents, volunteers, or employees (hereinafter referred to collectively as FARM) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE OF FARM.

AND that except in the event of the FARM’s gross and willful negligence, I agree not to bring any claims, demands, actions and causes of action, and/or litigation, against the FARM for any economic and non- economic losses due to bodily injury, death, and/or property damage sustained by me in relation to the premises and operations of the FARM.

Assumption of Inherent Risks: I am fully aware and understand there are inherent risks involved in agricultural and agritourism activities, which risks include, but are not limited to, bodily injury, physical harm and even death to participants from  picking my own lavender which may occur in normal participation of such activities. I understand that “inherent risks of agriculture activities” shall mean those dangers or conditions which are an integral part of agricultural and agritourism activities, including, but not limited to:

  • dangers of being in areas marked Do Not Enter, Off Limits to Customers, or any other methods to demonstrate that specific areas are off-limits;
  • certain hazards such as surface and subsurface objects such as uneven ground and rocks;
  • exposure to biological and environmental hazards;
  • hazards related to repetitive movements (such as cutting the flowers), and exposure to outdoor weather conditions;
  • limited availability of emergency medical care; and
  • the potential of any participant or spectator to act in a negligent manner that may contribute to injury to the participant or others.
I understand that FARM does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to personal property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF FARM or otherwise, to the fullest extent allowed by law.

Indemnification: I also AGREE TO INDEMNIFY AND HOLD HARMLESS the FARM from any loss, liability, damage, or costs, including court costs and reasonable attorneys' fees that FARM may incur due to my participation in said activities, whether caused by FARM’s ordinary negligence or otherwise, to the fullest extent allowed by law.

 

Acknowledgements, Assertions, and Agreements: I warrant that a full and fair disclosure of my ability to participate in the above noted activities have been made, and further:
 
Health Status – I assert that:
  • I do not have any undisclosed chronic physical or mental conditions that would contra-indicate my participation in agricultural or agritourism activities; and
  • I possess sufficient physical fitness and skill to enable safe
Emergency Care – I authorize or agree:
  • For the administration of emergency first aid, CPR, and use an AED as may be deemed necessary;
  • For FARM to secure emergency medical care or transportation (i.e., EMS) as may be deemed necessary; and
  • To assume all costs of emergency medical care and transportation for myself and/or minor child(ren).

Rules & Safety Equipment

  • I agree to abide by the rules and regulations established by FARM; and
  • I acknowledge that the FARM is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that I am incapable of safely meeting the rigors of the activity. I accept the FARM’s right to take such actions for the safety of myself and other participants on the premises.

Covenant not to Sue; Mediation; Venue; and Severability Clauses: I covenant not to sue FARM for any present or future claim arising directly or indirectly from my participation at the FARM. This includes claims resulting from the inherent risks of agricultural and agritourism activities and the active or passive negligence of the FARM.

This agreement shall be governed by and construed in accordance with the laws of the State of New York.  If any provisions of this agreement shall be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this agreement.  In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees.