WARNINGS       

Pursuant to Chapter 901 of Title 9 of the Ohio Revised Code Annotated, under Ohio law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if that injury or death results from the inherent risks of that agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the risk of injury inherent to land, equipment, and animals as well as the potential for you as a participant 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.

In a civil action, an agritourism provider is immune from liability for any harm a participant sustains during an agritourism activity if the participant is harmed as a result of a risk inherent in an agritourism activity. Nothing in this section requires an agritourism provider to eliminate risks inherent in agritourism activities.

RELEASE AGREEMENT AND WAIVER OF LIABILITY [hereinafter, the “Agreement”]

I represent and warrant that I am at least 18 years of age and, on behalf of myself, successors, heirs, and representatives, have the legal capacity to enter into this Agreement. For any person for whom I am acting as parent or legal guardian, I represent and warrant that I have the legal capacity and authority to execute this Agreement on the person’s behalf. In consideration for the services provided by Ramseyer Farms, Dennis Ramseyer Farms, Ltd., their successors and assigns, principals, parent entities, landowners, managers, directors, officers, members, employees and agents, and representatives (collectively, “Ramseyer Farms”), I agree as follows:

Understanding and Assumption of Risks: I understand that there is risk in entering the farm, fields, structures, buildings, and property, participating in or watching harvesting agricultural products and agritourism activities, engaging in any activities on the property as a participant, and viewing or watching activities as a spectator. I understand that I am assuming the risk of participating in this agritourism activity and any other activity on the property and/or viewing as a spectator. I understand that these risks include, but are not limited to, injury, serious bodily injury, or death related to variable conditions in terrain, crops, grain, landscaping, trees, soil, grass, weeds, uneven surfaces, debris, animals, agricultural equipment, recreational equipment, adverse weather, games, mazes, attractions, inflatables, slides, swings, obstacle courses, ropes courses, cables, rock walls, swinging beams, cable bridges, other amusement devices, and any other condition or hazard on the property.  I understand these risks also include the dangers associated with equipment failure, collisions or accidents with other persons, running, jumping, bouncing, mining, digging, sliding, swinging, spinning, throwing, catching, hitting, shooting, lifting, riding, climbing, grabbing, balancing and crawling, and other movement.  I understand I am responsible for the control and supervision of my child(ren), any person for whom I am the legal guardian, or any person who requires a legal guardian whom I have undertaken to bring to or supervise at Ramseyer Farms. I understand that Ramseyer Farms is not an insurer of the safety of every person and cannot guard against every possible hazard. I understand that some activities are not intended for persons with certain medical conditions for safety purposes and I am responsible for determining whether I am fit to participate in or watch an activity.

Waiver and Release: Ramseyer Farms shall not be liable for any injury, serious bodily injury, or death of any person resulting from the inherent risks of agricultural activities, any other activity on the property, any condition on the property, and/or negligence on the part of Ramseyer Farms, and, neither the undersigned nor the undersigned’s representative shall make any claim against, maintain an action against, or recover from Ramseyer Farms, or any other person or entity for injury, loss, damage, or death of any participant or spectator against Ramseyer Farms. I hereby waive all liability and any claims against Ramseyer Farms for any injury, serious bodily injury, or death caused by the inherent risk associated with agritourism activities, any condition on the property, any other activity on the property and/or negligence on the part of Ramseyer Farms.

Safety Rules: I hereby acknowledge and understand that each and every activity, game, attraction, structure, and building at Ramseyer Farms has individual rules and regulations that I am to strictly follow. I understand that not every activity is supervised. I hereby agree to follow all signage, rules, and regulations and understand that the failure to follow any of these rules or directions could result in injury, damages, or losses, including serious bodily injury or death.

Indemnification: I agree to indemnify, hold harmless, defend Ramseyer Farms from and against any and all causes of action, claims, demands, losses, damages, and/or legal action by myself, successors, heirs, and representatives arising out of or in any way relating to my use of or presence at the property or the services provided. I agree to reimburse Ramseyer Farms for any fees and costs incurred due to legal action related to myself, my child(ren), any person for whom I am the legal guardian, or any person who requires a legal guardian whom I have undertaken to bring to or supervise at Ramseyer Farms. I agree to indemnify Ramseyer Farms for claims of others arising out of my conduct at the property.

Venue and Choice of Law: This Agreement shall be interpreted in accordance with the laws of the State of Ohio. Any disputes arising out of this Agreement shall be brought in the County of Wayne in Ohio.

Medical Treatment: I authorize Ramseyer Farms to provide first aid to or to obtain medical care for me, my child(ren), and any person for whom I am the legal guardian.  I understand that I am responsible for the costs of any medical care on site and rendered thereafter.

Media Release: I authorize Ramseyer Farms to photograph, film, record me, my child(ren), and any person for whom I am the legal guardian, without compensation, and use these images in any media format.  Any images taken by Ramseyer Farms are the sole property of Ramseyer Farms.

This Agreement contains the entire agreement and supersedes any and all prior agreements, understandings, and discussions. If any provision of this Agreement is declared or determined by any court of competent jurisdiction to be wholly or partially invalid or unenforceable, the remaining provisions shall not be affected thereby and the unenforceable provision shall be deemed not to be a part hereof. I understand and agree that by signing this Agreement, I am forever releasing and waiving any right I may have to recovery damages or losses from Ramseyer Farms. I have read this entire Agreement, understand it, and agree to be bound by its terms and conditions.