ADMISSION PRICE LISTED INCLUDES SALES TAX
IMPORTANT NOTICE TO GUESTS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY THE BERRY FARM, LLC TO, AND ACCEPTED BY, GUEST SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW. NOTICE: THE ATTENTION OF GUEST IS ESPECIALLY DIRECTED TO CLAUSES, C AND D, WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHT OF GUESTS TO ASSERT CLAIMS AGAINST THE BERRY FARM, LLC., IT'S OWNERS, OPERATORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AND OWNERS OF THE PREMISES, OR LESSORS OF THE PREMISES, INCLUDING C. WAIVER OF LIABILITY, AND D. ARBITRATION & TIME LIMITS FOR CLAIMS. IMPORTANT TERMS AND CONDITIONS OF CONTRACT !! READ CAREFULLY!! In consideration of the purchase of The Berry Farm, LLC (a/k/a “The Berry Farms”) ticket (hereinafter “Ticket Contract”) (online, in-person or as an Annual Pass) to gaining access and use of the premises; The Berry Farm, LLC and Guest agree to the following terms and conditions:
SCOPE OF CONTRACT “GUEST” or “GUESTS” in this Ticket Contract applies to ALL individuals using a ticket to gain access and entry to The Berry Farm, LLC premises located 13720 SW 216th Street, Miami, Florida 33170. The term “GUEST” or “GUESTS” extends to ALL individuals utilize this ticket for access, including the person that purchased the ticket and the person that utilized said ticket to gain access to the premise. The purchase, acceptance or use of this ticket by any Guest shall be deemed acceptance and agreement of the terms and conditions herein. The term “THE BERRY FARM, LLC” includes its owners, operators, vendors, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns on or related to the premises located 13720 SW 216th Street, Miami, Florida 33170
RULES OF THE PREMISES This Ticket Contract cannot be transferred, modified, and is non-refundable. Annual Passes do not include tasting events, farm family dinners, or presale ticketed events. Annual Passes cannot be transfer, are limited to a one year from the date of purchase and cannot be combined with another offer. Guests acknowledge and agree that The Berry Farm, LLC is not liable for lost, damaged, stolen, or destroyed property. Guests acknowledge and understand that no weapons, firearms, contraband, alcoholic beverages, or illegal controlled substances are allowed on the premises. Guests acknowledge and agree that all minor Guests, ages 18 and under, must be supervised by an adult Guest when using the areas of premises including the Rock Wall, Bounce Pillow, Action Playground, and/or Playground. Guests acknowledge and warrants that while on the premises the Guest shall respect other guests, managers, employees, vendors, and staff. Guests acknowledge and agree that The Berry Farm, LLC has the right to remove the Guests for violation of the terms and conditions of Ticket Contract. Guests are hereby notified and made aware of the placement of warning signs, instruction signs, activity signs, and limited use signs through its property for the Guest to comply and follow. Guest acknowledges and accepts liability for failure to follow said warning signs, instructions and directions or Guest will be removed.
WAIVER OF LIABILITY In consideration of the risk of injury while participating in the Rock Wall, Bounce Pillow, Action Playground, Rope Course, Hayride, Farm Equipment, Kangaroo Jumping Floor and/or Playground (the “Activity”) and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily entered into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge The Berry Farm, LLC., located 13720 SW 216th Street, Miami, Florida 33170, their affiliates, managers, members, agents, attorneys, staff volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my participation in the aforementioned Activity, including traveling to and from an event related to this activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT AREN'T LIMITED TO PHYSICAL, OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATIONS. NONETHELESS I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL 2, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless The Berry Farm, LLC. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation is improperly pursued which arises pursuant to any claims made by me or by anyone else acting on my behalf. If The Berry Farm, LLC incurs any of these types of expenses, I agree to reimburse The Berry Farm, LLC.
ARBITRATION & TIME LIMITS FOR CLAIMS The Guest acknowledges and accepts that any claim or dispute arising out of or relating to this agreement, including personal injury or property damage claims shall be resolved exclusively in arbitration. Guest explicitly waives to litigation. The Guest agrees that The Berry Farm, LLC shall not be liable for any claims whatsoever for personal injury, disability, or death of a guest unless full particulars in writing are given to The Berry Farm, LLC within 185 days after the date of the injury, event, incident or death giving rise to the claim. Arbitration (as lawsuits are precluded under contract) to recover on any such claim shall not be maintained unless filed within one year after the date of the injury, event, incident or death and unless served on the Berry farm within 120 days after filing. Guest expressly waives all other potential applicable state or federal limitation periods. Prior to filing a arbitral claim, the Guest agree to the following: First, the parties agree that sixty (60) days before the filing any arbitration proceeding hereunder, the party requesting relief must demand and attend mandatory mediation before a mutually acceptable mediator to attempt to resolve any dispute. In the event the parties are unable to resolve such dispute, the affected party shall initiate an arbitration proceeding utilizing the rules of (but not employing) the American Arbitration Association (“AAA”). In any dispute of less than $250,000, the parties shall jointly appoint a single arbitrator. In any dispute of a greater amount, each party shall appoint his/her or its own party arbitrator, and these two-party arbitrators shall in turn appoint a third, neutral arbitrator. All party arbitrators’ conduct and the tests for their eligibility shall be governed by AAA rules of disinterest. The time limits hereunder shall not apply in the event emergency injunctive relief is required, but only to the extent of such emergency injunctive relief itself. To the extent that these rules and the rules for arbitration referenced in this paragraph conflict, the procedure set out in this paragraph shall control. All costs of arbitration shall be shared equally between the parties. The parties shall bare the costs of their legal representation.
SEVERABILITY Except as otherwise expressly provided herein, this Ticket Contract constitutes the entire agreement between the Berry farm, LLC and Guest should any provision of this contract be contrary to or invalid by virtue of the law of the jurisdiction or to be so held by a court of competent jurisdiction, such provision(s) or portion thereof shall be deemed to be severed from the contract and of no effect and all remaining provisions herein shall be in full force and effect and constitute the contract.