4D FAMILY FARM LLC
WAIVER OF LIABILITY, ASSUMPTION OF RISK AND PARENTAL CONSENT
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES CERTAIN CLAIMS FOR ORDINARY NEGLIGENCE.
ACTIVITIES AND RISKS
I understand that visiting 4D Family Farm LLC (“4D Farm”) and participating in its activities involve risks of injury, illness, property damage, permanent disability and death.
This agreement covers my visit to the farm, including its grounds, parking areas, corn maze, pumpkin patch, flower fields, animal encounters, playgrounds, corn barn, play barn, obstacle course, kiddie ziplines, jumping pillow, jumping pad, inflatables, tubing and other slides, Happy Highland Coaster, Farm Swings, Pony Carts amusement ride, passenger train, barrel train, hayrides, wagon rides, bubble barn, barnyard ballzone, gem mining, apple cannons, paintball, orbeez activities, candy cannon events, shows, photo opportunities, and food and beverage areas, when offered.
Risks include uneven or slippery surfaces; holes, rocks and roots; weather and insects; falls, collisions and awkward landings; sudden ride movements or stops; boarding and exiting equipment; pinching or entrapment; equipment malfunction; flying objects or projectiles; animal bites, kicks, scratches or other unpredictable behavior; and the actions or failure to follow instructions of other guests. Injuries may include cuts, sprains, broken bones, head or spinal injuries, and other serious harm. These examples are not a complete list.
Listing an activity in this agreement does not guarantee its availability or mean that every activity qualifies for protection under Alabama’s agritourism law.
ILLNESS AND HYGIENE
I understand that contact with people, animals, animal environments, food or contaminated surfaces may expose me to communicable or zoonotic diseases, including COVID-19, E. coli infection, Salmonella infection and listeriosis. Some people are more vulnerable to serious illness. Food and beverages may also present allergy, cross-contact, choking or burn risks.
I agree to follow hygiene instructions, wash my hands with soap and water after visiting animal areas and before eating, and keep food and drinks out of designated animal-contact areas.
VOLUNTARY PARTICIPATION AND SAFETY
I voluntarily choose to participate and knowingly accept the inherent risks of the activities I choose. I understand that I may decline or stop an activity.
I agree to follow posted rules, employee instructions, health warnings, age and size restrictions, and protective-equipment requirements. I will consider my ability to participate safely, use equipment only as directed, stay out of restricted areas, and promptly report injuries or unsafe conditions to staff.
Children require appropriate adult supervision. I accept responsibility for supervising children entrusted to my care and helping them follow the rules. This responsibility does not eliminate duties imposed by law on 4D Farm or its personnel.
RELEASE OF MY OWN CLAIMS
TO THE FULLEST EXTENT PERMITTED BY ALABAMA LAW, I VOLUNTARILY RELEASE 4D FAMILY FARM LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AUTHORIZED AGENTS FROM MY OWN CLAIMS FOR PERSONAL INJURY, ILLNESS OR PROPERTY DAMAGE ARISING FROM THE COVERED VISIT OR ACTIVITIES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THEIR ORDINARY NEGLIGENCE IN CONNECTION WITH FARM OPERATIONS.
THIS RELEASE DOES NOT APPLY TO WANTON, WILLFUL OR INTENTIONAL MISCONDUCT, OR TO ANY LIABILITY OR CLAIM THAT ALABAMA LAW DOES NOT PERMIT TO BE RELEASED.
I release only claims I have legal authority to release. Buying tickets for someone else does not authorize me to waive that person’s rights.
PARENTAL CONSENT
If signing for a child, I certify that I am the parent or legal guardian of the child identified in this waiver. I acknowledge the described risks and consent to the child’s participation in appropriate activities.
The release above applies to my own individual claims to the fullest extent permitted by law.
Being a ticket purchaser, relative, teacher, group organizer or chaperone does not, by itself, authorize me to sign as a child’s parent or legal guardian.
INDIVIDUAL SIGNATURES AND TICKET TRANSFERS
I certify that the participant’s name, my name and my stated relationship to the participant are accurate. I will not sign another person’s name or falsely claim authority to sign.
Each adult participant must personally complete the waiver. A parent or legal guardian must complete the applicable parental consent for a child. Purchasing, gifting or texting a ticket does not substitute for the required signature. A transferred ticket requires a completed waiver for the new participant before participation.
ALABAMA AGRITOURISM WARNING
Under Alabama law, an agritourism professional is not liable for injury, sickness, or damage to, or the death of, a participant in an agritourism activity at this location if the injury, sickness, damage, or death results from the inherent risks of the agritourism activity.
Inherent risks of an agritourism activity include risks of injury, sickness, damage, or death 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, sickness, damage, or death, or for another participant to act in a manner that may cause your injury, sickness, damage, or death.
You are assuming the risk of participating in this agritourism activity.
ACKNOWLEDGMENT AND ELECTRONIC SIGNATURE
Alabama law governs this agreement to the extent applicable. If a provision is held unenforceable, the remaining provisions remain effective to the extent permitted by law.
By signing, I acknowledge that I have read and understand this agreement, including its release of my own ordinary-negligence claims, and voluntarily agree to its terms. I intend my electronic signature to constitute my signature on this agreement.
Any guest attending the event and entering the facility agrees to our terms, conditions and waiver.
