Warning to Visitors & NY General Obligation Laws

WARNING TO VISITORS

There are inherent risks to participating in You Pick Lavender!  The lavender field is on farm land and it is outdoors. 

  • The ground is uneven and we use bluestone to hold down the garden fabric. Consequently, there are risks of tripping and falling.
  • The bees love lavender and they will be on the flowers while you are harvesting. The bees will have to be shooed away as you cut the flowers. There is a risk of being stung.
  • Since this is the outdoors, there are insects such as mosquitos, flies, spiders, and so forth that you may encounter. There is a risk of being bitten by an insect.
  • The lavender field is in full sun all day long and is very hot especially during the heat of the day (10:00 a.m. to 2:00 p.m.). There is a risk of getting sunburn or experiencing heat exhaustion or heat stroke.

The following terms and conditions apply to all persons who participate in the You Pick Lavender event including accompanying children. By entering the property and/or purchasing a Ticket, you are deemed to have accepted these Terms and Conditions of use.

  • You acknowledge and agree to assume the inherent risks associated with You Pick Lavender and agree to read and obey all safety signage, instructions and rules. Such risks include bodily or physical injury or harm or death that may be caused by or arise or result from or be attributable to the participation in You Pick Lavender that may be hazardous, including those who are pregnant, have a heart condition, have neck or back problems, or have other health problems that may make them more vulnerable to injury. Other risks of participating in outdoor venues include, injuries from exposure to the elements, such as rain, cold, excessive heat or the weather in general, and injuries or illness sustained due to your own personal negligence and/or the negligence of others, including running, jumping, engaging in altercations with other patrons or otherwise behaving recklessly at the Farm, and illness resulting from your failure or the failure of other patrons to abide by our policies. You are responsible to know your own health and physical condition and limitations and the health and physical condition and limitations of any minor under your care or supervision. If you participate in You Pick Lavender, or you permit any minors under your care or supervision to enter the lavender field with you, you or they do so at your or their own risk. Catskill Mountain Lavender LLC, Fick Family Farms, LLC and Rink & Lizzie Tish, LLC assumes no responsibility for accident or loss to any person in connection with the condition or use of the lavender field and/ or their entrance into or departure from the Farm. You hereby irrevocably release Catskill Mountain Lavender LLC, Fick Family Farms, LLC, Rink & Lizzie Tish, LLC and their respective employees, agents, representatives, contractors, subcontractors, successors, heirs, and assigns from, and hold them harmless for, all losses, damages, costs, expenses, claims, demands or causes of action whether known or unknown, suspected or unsuspected, arising out of your participation in You Pick Lavender and entering upon the Farm, except to the extent caused by the gross negligence or willful misconduct of Catskill Mountain Lavender LLC, Fick Family Farms, LLC or Rink & Lizzie Tish, LLC.
  • Pursuant to New York State Law GOL Section 18-303(1)(c), owners and operators of both agricultural tourism areas and pick-your-own areas, shall not be liable for an injury to, or death of a visitor, in both the agritourism activity and the harvesting of agricultural products conducted at this location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity and/or the harvesting of agricultural products. Inherent risks include, but shall not be limited to, risks of injury inherent to land, waters, the ordinary dangers of structures or equipment ordinarily used in farming operations, domestic and wild animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death and the potential of another visitor to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity and/or harvesting of agricultural products.

NOTICE PURSUANT TO NEW YORK GENERAL OBLIGATIONS LAW
§§ 18-301 TO 18-303
.

BEFORE STARTING YOUR ON-FARM ACTIVITY, YOU ARE REQUIRED TO READ THE POSTED WARNING TO VISITORS AND VISITOR RESPONSIBILITIES SIGNS TO LEARN ABOUT:

  • The risks inherent to participating in on-farm activities; and
  • Your responsibilities when participating in the activities on this working farm.

The WARNING TO VISITORS sign is posted at the sign-in table and at the point of entry to the lavender field. This sign identifies the inherent risks of the on-farm activities in which you will be participating—activities that may expose you to the risk of personal injury, death or damage to your property.

The VISITOR RESPONSIBILITIES SIGN IS POSTED at the sign-in table and the point of entry to the lavender field.  This sign describes your responsibilities as a visitor on a working farm, which include: obeying directional and “off limits” signs, following instructions and obeying warnings from farm representatives; complying with posted rules of conduct; and exercising reasonable care concerning disclosed risks.

If you do not understand the information contained in the Warning to Visitors or Visitor Responsibilities signs or have any questions about their content, please ask a farm representative for help before you begin your on-farm activity.

If you are accompanied by individuals who need help in understanding the inherent risks of participating in the on-farm activities or the responsibilities of a visitor on a working farm, please explain, or ask a farm representative to explain the risks and responsibilities to those people so that they understand them.

IF YOU (OR THOSE YOU ARE WITH) ARE UNPREPARED OR UNWILLING TO ACCEPT THE RISKS DISCLOSED OR THE RESPONSIBILITIES IMPOSED ON A VISITOR TO A WORKING FARM, PLEASE ADVISE THE ATTENDANT AND RETURN THE TICKET(S) INTACT AND UNUSED. YOU WILL BE ISSUED A REFUND FOR THE AMOUNT PAID FOR THE TICKET(S) WHEN FIRST ISSUED.