Southern Hill Farms Inc.
Southern Hill Farms Market, LLC
Fall Festival and U-Pick Events
As consideration for being allowed to enter the farm or to otherwise participate in any activity, event, party, or program at Southern Hill Farms Inc. and/or Southern Hill Farms Market, LLC (collectively, the “Farm”), I agree to the Assumption of Risk, Waiver, and Release of Liability below, which applies to all activities at the Farm, including but not limited to the Fun Zone rides and u-pick activities.
1. Assumption of Risk
I am choosing to use the facilities at the Farm, including the Fun Zone and its mechanical amusement rides and inflatables, at my own risk. I understand and acknowledge that the activities in which I, and/or any minor child(ren) for whom I am the parent, legal guardian, or otherwise responsible (together with our heirs and personal representatives), am about to voluntarily participate as a guest, participant, and/or volunteer carry certain known and unanticipated risks. These risks could result in injury, illness, disease (physical or mental), death, or property damage to myself, spectators, or third parties. I assume full responsibility for all such risks, whether arising from the ordinary use of the Farm’s facilities, from agritourism activities, or from the use of mechanical rides, inflatables, or other equipment in the Fun Zone.
2. Fun Zone
I hereby knowingly and voluntarily choose to allow myself and/or my child(ren) to enter and participate in the Fun Zone at Southern Hill Farms, including all attractions and activities located there, whether now existing or later added, including but not limited to: the Tilt-A-Whirl, The Scrambler, Bounce Houses, Obstacle Course, Jump Pillows, Mechanical Swings, Giant Fun Slide, Carousel, Pirate Ship Swing, Berry Trooper, Papa's Roadsters, Berry Go Round, Rock Climbing Wall, Dirt Mound Climb, Bungee Jump, and any other mechanical rides, inflatables, play structures, climbing features, slides, or related recreational equipment (collectively, the “Activities”).
I understand that the Activities carry risks distinct from, and in addition to, the general risks of the Farm, including but not limited to: sudden or unexpected movement, acceleration, deceleration, or stopping; falls from height; collision with other riders or structures; mechanical or equipment malfunction; entrapment or entanglement; and injury resulting from a participant's failure to follow height, weight, age, or health restrictions or the instructions of ride attendants. I voluntarily and expressly assume all of these inherent risks and all other risks associated with participation in the Activities, to the fullest extent permitted by Florida law. I agree that I and/or my child(ren) will:
- Comply with all posted height, weight, age, and health restrictions for each ride or inflatable;
- Follow all verbal and posted instructions given by Farm staff or ride attendants at all times;
- Remain seated, harnessed, or otherwise properly positioned as instructed while a ride is in motion;
- Refrain from horseplay, roughhousing, flips, or intentional collisions on or around any ride or inflatable;
- Immediately stop use and notify staff of any perceived malfunction, damage, or unsafe condition; and
- Disclose to Farm staff, before riding, any medical condition, pregnancy, injury, or physical limitation that could make use of a ride or inflatable unsafe.
- I acknowledge that the Farm may deny or revoke access to the Fun Zone, any ride, or any inflatable to any person who does not meet stated restrictions or who fails to follow safety instructions, and I agree that such a decision is within the Farm's sole discretion.
2.1 Parent/Guardian Authority and Supervision
If any child(ren) under the age of 18 will be present in the Fun Zone, I am signing on my own behalf and on each such child's behalf, and I represent and agree that:
- I am the parent or legal guardian of such child(ren);
- I have authority to sign this agreement on the child(ren)'s behalf;
- I consent to the child(ren)'s participation in the Activities;
- I assume all responsibility, liability, and risk associated with the child(ren)'s participation in the Activities, as their parent or legal guardian;
- I will supervise any child(ren) under the age of 12 at all times while in the Fun Zone; and
- I agree to defend, indemnify, and hold harmless the Released Parties (defined in Section 4) from any claim brought by me or on behalf of my minor child(ren) arising from participation in the Activities.
3. Acknowledgement of Policies and Procedures
I acknowledge that I have read, understand, and agree to all policies, procedures, rules, and posted signage relating to use of the Farm’s facilities, including the Fun Zone. I agree to comply with all rules, regulations, and policies of the Farm. I understand the Farm reserves the right to revoke or terminate my (or my child’s) use of any facility, ride, or inflatable for any violation of its rules, regulations, or policies, or for any safety concern, at the Farm’s sole discretion.
4. Release, Indemnification, and Hold Harmless
I, for myself and on behalf of any minor child(ren) for whom I am the parent, legal guardian, or otherwise responsible, and on behalf of our heirs, assigns, personal representatives, and next of kin, hereby release, waive, discharge, and covenant not to sue Southern Hill Farms Inc., Southern Hill Farms Market, LLC, and their respective owners, members, managers, directors, officers, employees, volunteers, contractors, insurers, and affiliated entities (collectively, the “Released Parties”), from any and all claims, demands, causes of action, suits, liabilities, judgments, damages, losses, costs, and expenses for property damage, loss or theft, personal injury, illness, or death, arising out of or in any way connected with my or my child’s(ren’s) use of the Farm’s facilities and participation in Farm activities — including agritourism activities, U-Pick events, festivals, and the Fun Zone Activities described in Section 2 — even if arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by Florida law. This release does not extend to claims arising from the Released Parties’ gross negligence, willful misconduct, or intentional acts, nor does it limit any protection or liability standard established under Fla. Stat. §§ 570.85–570.89.
I agree to indemnify and hold harmless the Released Parties from and against any liability, loss, claim, or damage resulting from my or my child’s(ren’s) use of the Farm, to the extent permitted by law.
I hereby waive any protection afforded by any statute or law of any jurisdiction providing that a general release does not extend to claims which the releasing party does not know or suspect to exist at the time of executing the release. I am knowingly releasing unknown future claims.
I agree to pay for any damage to Farm property, rides, inflatables, or equipment caused by my or my family's willful actions, negligence, or recklessness, and I accept liability for all associated costs.
I enter into this agreement on behalf of myself, my heirs, assigns, and legal representatives.
5. Dispute Resolution
All parties agree to mediate, in good faith, any dispute arising from this agreement prior to initiating arbitration or litigation, under the laws of the State of Florida.
6. Health and Fitness to Participate
I represent that I and my child(ren) have no illness, injury, or medical condition that would affect the safe use of the Farm’s facilities, agritourism activities, or the Fun Zone’s rides and inflatables, by us or other guests. I and my child(ren) agree to comply with the stated terms and conditions of participation and to follow the directions and requests of Southern Hill Farms staff at all times.
7. General Safety Rules
- No bare feet.
- Children remain the responsibility of their accompanying adult at all times.
- An attending adult must remain on the premises at all times for children of all ages, and must directly supervise any child under 12 at all times while in the Fun Zone.
- No gum, food, or drink except in designated areas.
- No climbing on slides, inflatables, ride structures, or other equipment outside of intended use.
- No hooded sweaters, loose jewelry, or clothing with drawstrings that could become caught in rides or inflatables.
- Follow all posted and verbal safety instructions for the Fun Zone’s rides and inflatables, including height, weight, and age restrictions.
- Please report any unsafe conditions or inappropriate behavior to a Southern Hill Farms staff member immediately.
- Southern Hill Farms reserves the right to refuse admission to, or remove, any person from the premises or any ride or attraction. Southern Hill Farms is not responsible for lost or stolen items.
8. Photo/Video Release
I grant permission for myself and/or my child(ren) to be photographed or recorded, and for such images to be used in print or electronic media to promote Southern Hill Farms. This authorization remains in effect unless I revoke it in writing. I understand there is no payment for my or my child’s participation in this release.
Acknowledgment
I certify that I have read this Assumption of Risk, Waiver, and Release of Liability, including the statutory agritourism notice above, understand its contents, and sign it freely and voluntarily, intending to be legally bound, on behalf of myself and any minor child(ren) for whom I am the parent, legal guardian, or otherwise responsible.
