By purchasing tickets to attend and participate in the event known as the Jacksboro Pumpkin Patch (the “Event”) located at 3280 Burwick Road, Jacksboro, Texas 76458 (the “Property”), purchaser, on their own behalf and on behalf of all individuals who will use such tickets to attend and participate in the Event (collectively, the “Purchasers”), for the benefit of Jacksboro Pumpkin Patch, LLC, Waller Family Holdings, LLC, and each of their respective affiliates, members, managers, officers, employees, and contractors (collectively, the JPP Parties”), acknowledge and agree to the terms of this Liability Waiver, Release, and Indemnity (this “Release”).
Purchasers acknowledge and agree that Purchasers may participate in outdoor recreational, educational, and related activities at the Event, including, but not limited to, hay rides, animal feeding, axe throwing, apple cannon shooting, and the use of obstacle courses, playgrounds, and other recreational equipment (all such activities, collectively, “Recreational Activities”) and activities on agricultural land for recreational or educational purposes (“Agritourism Activities”), and that engaging in Recreational Activities and Agritourism Activities may entail hazards and dangers and the possibility of injury (including seriously bodily harm or death), including, without limitation, exposure to poisonous snakes, ticks, insects and spiders, erosion and general condition of the land, both on and off roadways or senderos creating rough, hazardous and dangerous driving and walking conditions, animals, both wild and domestic, which may be diseased and/or potentially dangerous, deep water; and that certain Recreational Activities and Agritourism Activities are inherently dangerous activities. Purchasers acknowledge they have been warned that potentially dangerous conditions, risks and hazards do exist on the Property. Purchasers further acknowledge and agree as follows: (a) the JPP Parties make no representations or warranties about the condition of the Property, express or implied; (b) Purchasers understand the risks associated with the Recreational Activities, Agritourism Activities, the Event, and the Property; (c) Purchasers assume all risk for any injury, harm, or damages which Purchasers may sustain in connection therewith; and (d) Purchasers will abide by all rules and directions provided by the JPP Parties and will conduct themselves in a responsible, safe, and legal manner while on the Property.
IN CONSIDERATION FOR PERMISSION TO ENTER UPON THE PROPERTY AND PARTICIPATE IN THE EVENT, PURCHASERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE HEIRS AND PERSONAL REPRESENTATIVES, HEREBY RELEASE THE JPP PARTIES FROM ANY AND ALL CAUSES OF ACTION, CLAIMS, LIABILITIES, LOSSES, OR DAMAGES OF EVERY KIND (COLLECTIVELY, “RELEASED CLAIMS”) WHICH MAY NOW OR HEREAFTER BE SUFFERED BY PURCHASERS WHILE PRESENT ON THE PROPERTY OR WHILE PARTICIPATING IN THE EVENT. PURCHASERS AGREE NOT TO BRING ANY RELEASED CLAIMS AGAINST ANY OF THE JPP PARTIES RELATED TO THEIR USE OF THE PROPERTY OR PARTICIPATION IN THE EVENT, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY RESULTING FROM ANY ACTS OR OMISSIONS (INCLUDING ORDINARY NEGLIGENCE) OF ANY OF THE JPP PARTIES OR ANY ACT OR OMISSIONS BY ANY THIRD PARTY ON THE PROPERTY. PURCHASERS FURTHER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ALL JPP PARTIES FROM AND AGAINST ANY AND ALL RELEASED CLAIMS AND ANY AND ALL CAUSES OF ACTION, CLAIMS, LIABILITIES, LOSSES, OR DAMAGES OF EVERY KIND SUFFERED BY THIRD PARTIES THAT ARE CAUSED BY PURCHASERS USE OF THE PROPERTY OR PARTICIPATION IN THE EVENT. PURCHASERS UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. PURCHASERS UNDERSTAND THAT THEY HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
Venue for any action related to or otherwise arising out of this Release or the Event shall be brought exclusively in a court of competent jurisdiction located in Tarrant County, Texas, and this Release shall be governed by Texas law. If any term of this Release is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this Release shall nevertheless remain and continue in full force and effect.
