IMPORTANT NOTICE TO GUESTS: THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. TO THE EXTENT PREMITTED BY LAW.
RELEASE AND WAIVER AGREEMENT NOTICE: GUEST (AS DEFINED BELOW) ACKNOWLEDGES, AND ACCEPTS ALL CLAUSES, INCLUDING CLAUSES C AND D BELOW, WHICH CONTAIN IMPORTANT WAIVER OF RIGHTS, OBLIGATIONS, AND LIMITATIONS OF LIABILITY RELATED TO THE BERRY FARM, LLC., IT'S OWNERS, OPERATORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AND OWNERS OR LESSORS OF THE PREMISES, INCLUDING CLAUSE C. WAIVER OF LIABILITY, AND CLAUSE 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 (Release and Waiver Agreement”) (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:
“GUEST” to this Ticket Contract applies to ALL INDIVIDUALS using a ticket to gain access and entry to The Berry Farm, LLC., its premises, equipment and areas located 13720 SW 216th Street, Miami, Florida 33170 (hereinafter “the premises”).
“GUEST” includes those INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18), as Guest’s parent or legal guardian acknowledges that, prior to signing this TICKET CONTRACT, RELEASE OF LIABILITY AND WAIVER AGREEMENT, Guest has been given the opportunity to review this agreement, ask questions, acknowledge, and accept all risks associated within the premises, including all activities and events therein.
The term “GUEST” (singular or plural) 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, shareholders, directors, operators, vendors, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns on and/or related to the premises located 13720 SW 216th Street, Miami, Florida 33170.
RULES OF THE PREMISES
By making a purchase to the premises, GUEST AFFIRMS and ACCEPTS: (a) all terms to this Ticket Contract; and, (b) that Guest (you) have the legal authority to bind yourself, any organization and/or company to the following:
Guest acknowledges and accepts that THE BERRY FARM, LLC, its premises and operations are Agritourism activities pursuant to Florida Statute Section 570.86. Accordingly, Florida Statute Section 570.88, which provides limited liability protection for agritourism owners, operators and their employers, its employee against injury, death or damage to participants and/or guests to the premises.
Guest recognizes and agrees that participation in any activities on the premises may result in injuries to the Guest and assumes full responsibility for and the risk of bodily injury, death or property damage due to negligence or non-negligence of THE BERRY FARM, LLC, its owners or operators.
Guest represents and warrants that guest has no physical or mental illness, including but not limited to any infectious diseases that precludes participation in activities on the premises in a safe manner for Guest or others.
Guest voluntarily without any inducement, assures, and guarantees that despite the risks falls, contact and or physical contact with other participants or staff shall not hold THE BERRY FARM, LLC liable.
Guest acknowledges that the activities within the premises involve inherent risks of physical injury, contact with physical barriers, uneven surfaces, possibility of trips and falls, and potential for other guests engaged in other activities to come into contact.
Guest acknowledges and accepts that inconsideration of being permitted onto the premises (as a participant, spectator or bystander) in the activities and acknowledges the risks and hazards involved in and arising from participation in activities within these premises.
Guest (for himself or herself, his or her heirs, executors, administrators, and assigns) forever, irritable irrevocably and unconditionally releases, waves, discharges and covenants not to sue THE BERRY FARM, LLC (and/or all those identified above) including organizers, subsidiaries, affiliates, parent companies, officers, directors, members, shareholders, owners, business partners, investors, lenders, representatives, employees, and successors (“THE BERRY FARM, LLC” or “Released Parties”), from any and all claims, demands, actions, liability of whatsoever kind or nature, either in law or in equity or rising from or by reason of any bodily injury or personal injuries whether now known or unknown, illness, death and or property damage in connection in any way directly or indirectly as a result of participating, spectating, or being present at the activities conducted at the premises.
Guest further agrees understands and accepts that by signing this agreement waive all claims and rights to claims against THE BERRY FARM, LLC (and/or all those identified above) any and all of those identified above for negligence or other tortious conduct giving rise to potential claims against them. It is understood that if participant gets injured or suffers damages while in the premises or during activities the guest (or it's assigns, parents, guardian, agents, and or representatives) shall not bring or maintain any lawsuit against THE BERRY FARM, LLC (and/or all those identified above).
Guest on behalf of his or her personal representative, assigns, heirs, and next of kin, release and waive any and all claims, damages, injuries, or illnesses incurred by the Guest in regard to participation in activities conducted on the premises.
Guest hereby releases any and all claims, of whatever kind or nature, present and future, damages, injuries and/or illnesses related in any way to participation in any activities on the premises.
CHILDREN RELEASE: if any Guest is under the ages of 18 the undersigned parent or legal guardian agrees to bind him or herself, the minor, his or her executors, administrators, heirs, next of kin, successors, and assigned to the terms of this TICKET CONTRACT, RELEASE AND WAIVER AGREEMENT, the undersigned parent or legal guardian agrees (and on behalf of the subject MINOR and his or her executors, administrators, heirs, next of kin) to forfeit and lose the right to sue anyone involved in any activities conducted by THE BERRY FARM, LLC (and/or all those identified above).
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.
Guest intends for his or her signature to serve as confirmation of his or her complete and unconditional acceptance of the terms, conditions, limitations of liability, waiver of liability, obligations of the guest, arbitration and all conditions and provisions of this agreement.
Guest further intense and acknowledges that registering online, the online signature cell substitute for and have the same legal effect as if the signatory (or guest parent guardian) had signed a physical copy of this Ticket Contract, Release and Waiver Agreement.
By signing this agreement the Guest understands that this acknowledgement and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason the remainder of this portion shall not be affected thereby shall remain valid and fully enforceable.
WAIVER OF LIABILITY
In consideration of the risk of injury while participating in any and all activities on the premises, including but not limited to, the Rock Wall, Bounce Pillow, Action Playground, Rope Course, Hayride, Farm Equipment, Kangaroo Jumping Floor, Farming Activities, Harvest Areas, Crop Areas, Uneven areas of premise, 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 (and/or all those identified above), 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 also agree to indemnify and hold harmless THE BERRY FARM, LLC (and/or all those identified above) 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 (and/or all those identified above) incurs any of these types of expenses, including having to defend against any lawsuit filed against it or its affiliates, I hereby agree to immediately reimburse and pay all attorney’s fees and costs THE BERRY FARM, LLC (and/or all those identified above) as incurred and any future attorney’s fees and costs to be incurred in any litigation process.
ARBITRATION & TIME LIMITS FOR CLAIMS
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.
Guest agree and understand that this section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “written” requirements of that act, applies to your purchase of this ticket, and governs all claims, disputes, or controversies between you and THE BERRY FARM, LLC (and/or all those identified above) its subsidiaries, affiliates, providers, or it's respected officers, directors, partners, shareholders, employees, agents, service providers, advertisers, staff or personnel, including but not limited to tort and contract claims, claims based on federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision. This section can only be changed or terminated upon mutual agreement.
Guest understands and agrees that all claims shall be resolved by final and binding arbitration using the American arbitration associations Commercial Arbitration Rules, in effect on the date of initiation of the arbitration. Any controversy concerning whether a dispute is arbitrable and enforceable shall be determined exclusively by the arbitrator and not by any court. In arbitration, as a court, the arbitrator must honor the terms of these agreements and all aspects of the Ticket Contract, and may award the prevailing party damages and other relief (including attorney’s fees).
Guest acknowledges and agrees that if any lawsuit is brought before a federal or state court, the Guest shall be liable for THE BERRY FARM, LLC (and/or all those identified above) attorney’s fees and costs incurred to bind and enforce arbitration and throughout the entire arbitral process.
Guest acknowledges and agrees that The Berry Farm, LLC shall not be liable for any claims whatsoever for in tort or contract (including negligence) for personal injury, disability, or death. Guest acknowledges and accepts the application of FSA Sect. 570.88 Limitation of Liability related to premises and its activities. However, Guest acknowledges that there are particular procedural deadlines for which claims must be presented in the following timely manner. The Guest must provide in writing full particulars identifying the details of his or her claim to its corporate representative to THE BERRY FARM, LLC (and/or all those identified above) premises within 185 days after the date of the injury, event, incident or death giving rise to the claim. Failure to properly notify THE BERRY FARM, LLC (and/or all those identified above) within this time shall forever bar the Guest from pursuing any claims.
Guest acknowledges and agrees that Arbitration (as lawsuits are precluded under contract) shall be the exclusive means of resolving any legal dispute with THE BERRY FARM, LLC (and/or all those identified above). Guest further agrees that no such claim shall not be maintained unless arbitration has been initiated within one (1) year after the date of the injury, event, incident or death. Guest also agrees that unless the initial Statement of Claim is served on THE BERRY FARM, LLC (and/or all those identified above) within 120 days after the one-year arbitral procedure has been initiated. Guest expressly waives all other potential applicable state or federal limitation periods.
Guest acknowledges and agrees that in arbitration there is no judge or jury, the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules and judicial review of arbitration outcome is limited. Each party to the arbitration will have the right to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable rules evenly (50% and 50%) to initiate the arbitral process and shall remain throughout the entire process. Judgment on the arbitration decision and award if any may be entered in or by any court that has jurisdiction over the parties pursuant to the Federal Arbitration Act.
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.
The laws of the State of Florida govern these arbitral proceedings.
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.
I HEREBY AGREE AND ACCEPT THE TERMS AND CONDITIONS OF THE TICKET CONTRACT AND SIGN ACKNOWLEGING THAT I HAVE READ AND UNDERSTAND ALL ASPECTS OF THIS TICKET CONTRACT.