Noland's Dusty Boots Pumpkin Patch LLC
Liability Waiver, Assumption of Risk,
and Indemnification Agreement
851 Cable Ridge Road • Edwards, Missouri 65326
Please read this document carefully. By agreeing to or electronically signing this document, you are waiving certain legal rights, including the right to sue Noland's Dusty Boots Pumpkin Patch LLC, its owners, and its affiliates.
This Liability Waiver, Assumption of Risk, and Indemnification Agreement (the "Agreement") is entered into by and between the undersigned participant(s), and on behalf of any listed minor children (collectively referred to as "Participant"), and Noland's Dusty Boots Pumpkin Patch LLC (hereinafter referred to as the "Pumpkin Patch").
By completing this online registration and booking a time slot, Participant acknowledges and agrees to the following terms and conditions:
Acknowledgement and Assumption of Risks
The Participant acknowledges and understands that visiting an outdoor farm environment and participating in activities including, but not limited to, self-pick pumpkin patch rows, lawn games, photo spots, crafting stations, and walking outdoor trails, involves inherent, natural risks. These risks include, but are not limited to:
- Terrain Hazards: Rough, uneven, unpaved or muddy terrain, hidden holes, roots, rocks, and changing weather conditions that may cause slips, trips, or falls.
- Natural Elements: Exposure to outdoor elements, insects, spiders, wildlife, allergens, and weather variations.
- Activity Hazards: Minor injuries associated with self-picking pumpkins, moving decorative items (such as small haystacks), or participating in craft and game areas.
The Participant understands that these risks cannot be entirely eliminated and voluntarily chooses to enter the premises and participate entirely at their own risk.
Waiver and Release of Liability
To the fullest extent permitted by law, the Participant agrees to release, waive, discharge, and hold harmless the Pumpkin Patch, its owners, operators, employees, volunteers, and agents from any and all liability, claims, demands, or causes of action arising out of personal injury, illness, death, or property damage sustained while on the premises, whether caused by the passive or active negligence of the Pumpkin Patch or otherwise.
Parent / Legal Guardian Waiver for Minors
The Pumpkin Patch is a family-oriented environment with many activities designed for children.
- By executing this Agreement, the undersigned parent or legal guardian expressly represents that they are signing on behalf of themselves and their minor child(ren) listed below.
- The parent or guardian acknowledges that they have full authority to waive these legal rights and agrees to fully assume all risks associated with their child(ren)'s participation.
- The parent or guardian agrees to visually supervise all accompanying minors at all times during their scheduled time slot.
Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Pumpkin Patch and its agents from any and all claims, damages, losses, or expenses (including reasonable attorneys' fees) resulting from the Participant's or their minor child(ren)'s actions, omissions, or failure to follow posted safety guidelines while on the property.
Rules of Conduct and Safe Play
To ensure a safe environment for all families, Participant agrees to:
- Remain within designated visitor flow areas, activity stations, and pumpkin patch rows.
- Follow all posted signage, instructions, and rules for individual activities (such as carving stations or games).
- Refrain from reckless behavior, running blindly, damaging property, or entering unauthorized farm zones.
- Acknowledge that the Pumpkin Patch reserves the right to ask any visitor to leave the premises without a refund if they fail to comply with these rules.
Duty to Report
Accidents and injuries must immediately be reported, in writing, to the Pumpkin Patch and delivered to 851 Cable Ridge Road, Edwards, Missouri 65326 within 24 hours after the accident.
Governing Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Any legal disputes arising from this agreement or the participants' activities at the pumpkin patch shall be resolved in the Circuit Court of Camden County, Missouri. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
This document constitutes the entire agreement between the Participant and the Pumpkin Patch and supersedes any prior understandings or agreements regarding its subject matter.
Attorneys Fees and Costs of Litigation
In the event Participant violates or fails to abide by the terms of this Agreement, Participant agrees to be responsible for Pumpkin Patch's reasonable attorney's fees and costs incurred in connection with the enforcement of this Agreement.
Insurance Coverage
Participant represents that he/she has sufficient health, accident, and liability insurance to cover any bodily injury or property damage caused to a third party or myself. If Participant has no insurance, Participant certifies that he/she is capable of personally paying any and all such expenses or liability.
Advertisement
Participant acknowledges and agrees that photographs, video recordings, audio recordings and other likenesses of Participant may be captured while entering, visiting, or participating in activities at the Pumpkin Patch and its premises. Participant hereby grants to the Pumpkin Patch and its owners the right and permission to use, reproduce, publish, display, distribute, and otherwise utilize Participant's image, likeness, voice and appearance, in any media now known or later developed, for advertising, marketing, promotional, educational or other lawful business purposes without further notice, approval or consent. Participant understands and agrees that no compensation, payment or other remuneration shall be due for any such use and waives any right to inspect or approve any photographs, recordings, or materials in which Participant's likeness may appear.