In consideration of visiting Rhymers Ridge, LLC located at 5620 Buffalo Rd., Jefferson City, MO or participating in activities such as agritourism activities operated by or on behalf of Rhymers Ridge, LLC, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Rhymers Ridge, LLC and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
- I acknowledge that the agritourism activities, including but not limited to giant ziplines, horseback riding, sliding, climbing, petting or touching farm animals, hayrides, outdoor photoshoots, and onsite private events, involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property. Risks include, but are not limited to, death, paralysis, broken bones, torn ligaments, or bruises as a result of falls from ziplines, slides, horses, wagons, and/or other structures on which climbing is being done; injuries from tripping or falling over stumps or small holes, or while walking on uneven ground; injuries caused by touching the electric fence; bites, kicks, or trampling by horses and other animals; participants being struck by falling objects, such as other climbers or equipment; illness from and medical complications of E. coli exposure from touching animals, fences, gates, grass, and other farm equipment and structures; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
- I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
- In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
- I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By entering the Rhymers Ridge premise, I agree that if I am hurt or my property is damaged during my participation in any activities at Rhymers Ridge, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to participating in any activities at Rhymers Ridge. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to agree to this release, and I agree that the opportunity to participate at the stated cost in return for the agreement to this release is a reasonable bargain.
MINOR CHILD If I have a minor child, in consideration of my minor child being permitted to participate in any activities at Rhymers Ridge, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.
By purchasing a ticket or visiting Rhymers Ridge, I agree that I have read and understood this document and I agree to be bound by its terms. If I do not agree to any of these terms, I will not visit Rhymers Ridge.