This HOLD HARMLESS AGREEMENT (the "Agreement") is made the day I, the attendee (the "Participant") at River Edge Pumpkin Patch And Farms, sign (the "Effective Date") by and between River Edge Pumpkin Patch and Farms LLC and all its owners, officers, agents, employees, volunteers, and any and all other persons acting in any capacity on its behalf River Edge, located at 8 Road 1115, La Plata, New Mexico 87418, and myself and all minors accompanying me. River Edge and I, the Participant, may be referred to individually as the "Party", or collectively, the "Parties."

 

In consideration for the services and activities provided by River Edge Pumpkin Patch And Farms, I hereby voluntarily consent and agree to the following:

 

SECTION 1: DEFINITIONS AND INTERPRETATIONS

1.1 Words in the singular shall include the plural and vice versa.

1.2 A reference to one gender shall include a reference to the other genders.

1.3 A reference to writing or written includes e-mail, text message, and any other form of physical or digital writing.

1.4 Any obligation in this Agreement on a Party not to do something includes an obligation not to agree or allow that thing to be done.

1.5 Any phrase introduced by the terms "including", "include", "in particular "or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.6 References to sections or clauses are to the sections or clauses of this Agreement.

1.7. "Activity" shall mean: Any and all activities on the River Edge Pumpkin Patch property, to include water activities, hay rides, trampolines, slides, and utilizing, climbing, or riding on other vehicles, equipment, and structures.

 

SECTION 2: INDEMNIFICATION, HOLD HARMLESS, & WAIVER OF LIABILITY

2.1 Acknowledgement. I acknowledge that my participation in the Activities at River Edge Pumpkin Patch And Farms may result in some physical injury or damage to my personal property, vehicles, etc. I understand that River Edge must not be held accountable for my fitness or abilities, my failure to heed any warnings or follow any instructions, the reckless or negligent acts of others, weather conditions or the malfunction of any equipment used by River Edge. My attendance at River Edge Pumpkin Patch And Farms and my participation in any Activity there are purely voluntary.

2.2 Indemnification. To the fullest extent permitted by applicable law, the Indemnifier will hold harmless, release from liability and indemnify River Edge against any and all claims and actions arising out of Indemnitee's participation in the Activity, including, without limitation, bodily injury, paralysis, damage to person or property, and death. I hereby voluntarily waive, release, forever discharge, and agree to indemnify and hold harmless River Edge from any claims, demands, or causes of action related to, resulting from, or connected with my participation in the Activity, including claims alleging omissions or negligence by River Edge.

2.3 Settlement and Consent. River Edge will not settle any claim or action without first obtaining the written consent of the Indemnifier. The Indemnifier or will not be liable for any amounts paid in settlement of any claim or action where written consent was not obtained.

2.4 Cooperation. Both Parties agree to cooperate in good faith and provide any and all information necessary for the defense of any claim or action.

 

SECTION 3: MISCELLANEOUS

3.1 Use of Image. I consent to the use by River Edge of photographs and video recordings made of me (and my minors accompanying me) while participating in any activities or using such services without further compensation, and agree that all such materials, including negatives and digitals, are the sole property of River Edge Pumpkin Patch And Farms.

3.2 Representation on Authority of Parties/Signatories. Each Party signing this Agreement represents and warrants that they are duly authorized and have legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized, and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

3.3 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties, replacing all other written and/or previous agreements. No Amendment will be made except in writing and signed by both Parties.

3.4 Severability. The Parties acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

3.5 Governing Laws. The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of New Mexico, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in New Mexico shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.

3.6 Attorney's Fees. If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees incurred in connection with such legal proceeding. The term "prevailing party" shall mean the party that is entitled to recover its costs in the proceeding under applicable law, or the party designated as such by the court.

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 THE UNDERSIGNED HAVE READ, UNDERSTAND AND ACCEPT THIS AGREEMENT:

By my signature below, I acknowledge that if I suffer any injury or property damage during my participation in any River Edge activity, I may be found by a court of law to have waived my right to maintain any lawsuit against River Edge because I have agreed to the terms stated above in this document. I also acknowledge by my signature below that I have had sufficient opportunity to read this entire document, that I have read and understood it, and that I agree to be bound by its terms. I understand that by checking the box under Event Policies when I buy tickets, I am providing my electronic signature.