Southern Hill Farms Inc.
Southern Hill Farms Market, LLC
Shell Pond Holdings, LLC
Market Fall Festival and/or U-Pick Events

As Consideration for being allowed to enter the play area/or participate in any party and /or program at Southern Hill Farms Inc. and/or Southern Hill Farms Market, LLC (“the Farm”). I hereby assume the Risk, Waiver, and Release of Liability, which covers all activities at the Farm.

Assumption of Risk‐ I am choosing to use the facilities at the Farm at my own risk. I understand and acknowledge that the activities which I am or/and (any minor children for which I am the Parent, legal guardian, or otherwise responsible, any heirs personal representative) about to voluntarily engage in as a participant and/or volunteer bears certain know risks and unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from using the facilities at the Farm or from participating in activities at the Farm.

Acknowledgement of Policies and Procedures‐ I acknowledge that I have read, know, and agree to all of the policies and procedures relating to the use of the facilities at the Farm. I agree to comply with all rules, regulations, and policies at the Farm. I understand the Farm reserves the right to revoke or terminate my use of the facilities for any violation of rules, regulations, or policies.

Release, Indemnify, and Defend‐ I hereby release, waive, discharge, and hold harmless Southern Hill Farms Inc. and all employees past or present or future from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of the facilities and Farm.

I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims.

I agree to pay for any and all damages to any property or equipment as a result of my or my family’s willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.

I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives.

I understand that I am solely responsible for any medical, health, or personal injury costs relating to my use of the Farm and its facilities. I understand that I am strongly encouraged to have a medical physical exam and purchase health insurance prior to my use the facilities at the Farm.

All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation based on the laws of the state of Florida.

The children and I have no illness or injury that may affect the safe enjoyment of Southern Hill Farms Inc. by us or other guests.

The children and I willingly agree to comply with the stated terms and conditions for participation and to obey the directions of and requests of Southern Hill Farms Inc. staff.

I, for myself and the children, agree to the following 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 all ages.
- No gum, food or drink in the play areas, designated areas only.
- No climbing the slides and no climbing on the outside of any structure.
- No hooded sweaters or clothing with drawstrings that could get caught.

Please report any inappropriate behavior to a Southern Hill Farms Inc. staff member.

Southern Hill Farms Inc. reserves the right to refuse admission and request any person to leave the premises.

Southern Hill Farms Inc. is not responsible for any lost or stolen items.

I acknowledge that Southern Hill Farms Inc. cannot guarantee that I will not become infected with the COVID-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of others, and myself including, but not limited to staff, and other clients and their families. I attest that:

I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

I have not traveled internationally within the last 14 days.

I do not believe I have been exposed to someone with a suspected and/or confirmed case of the COVID-19.

I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.

I am following all CDC recommended guidelines as much as possible and limiting my exposure to the COVID-19.

I have ensured the children are aware of the above safety rules.

I, for myself, the children and on behalf of my and their heirs, assigns, personal representatives and next of kin, hereby waive, release and discharge Southern Hill Farms Inc. and its directors, officers, agents, employees, owners and representatives (collectively ‘Southern Hill Farms Inc.’) with respect to any and all losses, damages, injuries, expenses and claims, including without limitation suffered or incurred as a result of the children using Southern Hill Farms Inc., due to any cause whatsoever, for personal injury, death or loss or damage to person or property, even if arising from the negligence of Southern Hill Farms Inc. or otherwise and hereby agree to indemnify and hold harmless Southern Hill Farms Inc. from and against any liability, losses, claims and damages resulting from the children using Southern Hill Farms Inc.

I grant permission for myself and/or my child(ren) to be photographed, or their images recorded for print or electronic use in promoting Southern Hill Farms Inc. I understand that it is my responsibility to update this form in the event that I no longer wish to authorize the above uses. I agree that this form will remain in effect unless revoked. I understand that there will be no payment for me or my child’s participation in this release. Photography permission is excluded for Sept. 28, 2024.

I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for.

WARNING
Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity. Chapter 2013 – 179, Section 570.88 and 570.89

Drones and outside alcohol, coolers and food are not permitted at our Fall Festival. While we do not have a dress code, we ask that all guests dress in appropriate, family friendly clothing; shoes, shirts and adequate coverage are required. Guests are welcome to wear Halloween themed clothing and costumes as long as they are not gory, include any profanities, hate speech, politics or explicit content. Guests who do not comply with the family friendly standards in place will be asked to change into appropriate clothing or leave the premises.

I am aware that pets and/or emotional support animals are not permitted at the Fall Festival. Service dogs are welcome. Per the ADA, service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

I am aware that this is a cashless event.
Credit, debit and mobile accepted.

Southern Hill Farms will not issue refunds for any reason. In the event of unforeseen circumstances you may edit your ticket for use on another date or transfer tickets to friends or family members. Please note, if the tickets are transfered, the person using the ticket assumes all risk of participating in this activity. Otherwise, I am aware of and understand that upon the completion of purchase, my admission ticket(s) is/are non-refundable.