Agreement:
In consideration for being allowed to participate, I agree to the following Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”) with Oma’s Pumpkin Patch, a California business (“Oma’s”) as a condition for allowing me entry to participate in any or all of the following but not limited to the pumpkin patch, wagon ride, family fun area, animals, jumpy pad, pedal carts, playgrounds, giant slides, barnyard twister, games, and all other activities. Any of these activities, individually and collectively are referred to in this Agreement as “The Activities”. I also enter into the Agreement on behalf of everyone listed and agree that all parts of this Agreement shall apply to them (“I” and “my/me” shall collectively refer to everyone listed).

IT IS AGREED TO AS FOLLOWS:

Each ticket entitles ONE (1) person admission to Oma's during regular business hours. All attendees aged 3 years and older must have a purchased ticket for admission to the farm. Children under 3 years old are admitted free.

I consent that Oma's may communicate with me about upcoming events and happenings on the farm.

I have requested to participate in any or all of The Activities.
I certify that I do not have any physical condition that would interfere with or limit my ability to participate in The Activities.
Risks: I understand there are or may be risks associated with The Activities, whether inherent, or due to negligence or carelessness of the persons or entities being released, including the terrain, temperature, weather conditions, participation by other people, temperament of animals, and defective equipment or property. Further, I understand that animals may be temperamental and unpredictable, and they may bite/nibble if feeding or petting or back up against me pushing me down or into a fence. I understand participation in The Activities may involve serious bodily injury, including disfigurement and death which may be caused by my own actions, other participants, the conditions, terrain, negligence of the Releasees named below, and other risks or conditions not readily foreseeable. I fully assume all risks, costs, damages that I may incur by participating in The Activities.

Waiver/Release/Indemnification. I, individually and on behalf of my heirs, successors, assigns, and executors, hereby voluntarily and fully release, waive, discharge, hold harmless, defend, and indemnify Oma’s Family Farm, Inc., its owners, officers, directors, shareholders, employees, volunteers, agents from, against and for any liability, claims, causes of action, The Activities, known or unknown, for whatever reason including negligence.
California Law. This agreement is governed by California law and is intended to be as broad and inclusive as possible. This document may only be modified in writing by the owners of Oma’s Pumpkin Patch. Should any part of this Agreement conflict with California law, only that part shall be void, and the remainder shall be in full force and effect.

Assumption of Risk ‐ I am choosing to use the facilities at the Farm at my own risk. I understand and acknowledge that the activities which I am or/and (any minor children for which I am the Parent, legal guardian, or otherwise responsible, any heirs personal representative) about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from using the facilities at the Farm or from participating in activities at the Farm.

Acknowledgement of Policies and Procedures‐ I acknowledge that I have read, know, and agree to all of the policies and procedures relating to the use of the facilities at the Farm. I agree to comply with all rules, regulations, and policies at the Farm. I understand the Farm reserves the right to revoke or terminate my use of the facilities for any violation of rules, regulations, or policies.

Release, Indemnify, and Defend ‐ I hereby release, waive, discharge, and hold harmless Oma's Family Farm, and all employees past or present or future from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of the facilities and Farm.
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims.

I agree to pay for any and all damages to any property or equipment as a result of my or my family’s willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages. I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives. I understand that I am solely responsible for any medical, health, or personal injury costs relating to my use of the Farm and its facilities. I understand that I am strongly encouraged to have a medical physical exam and purchase health insurance prior to my use of the facilities at the Farm.
All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation based on the laws of the state of California.

The children and I have no illness or injury that may affect the safe enjoyment of Oma's Family Farm by us or other guests.
The children and I willingly agree to comply with the stated terms and conditions for participation and to obey the directions of and requests of Oma's Family Farm staff. I, for myself and the children, agree to the following safety rules:
- No bare feet.
- Children remain the responsibility of their accompanying adult at all times.
- An attending adult must remain on the premises at all times for children all ages.
- No food or drink in the play areas, designated areas only.
- No climbing the slides and no climbing on the outside of any structure.
Please report any inappropriate behavior to an Oma's Family Farm staff member.
Oma's Family Farm reserves the right to refuse admission and request any person to leave the premises.
Oma's Family Farm is not responsible for any lost or stolen items.
I have ensured the children are aware of the above safety rules.
I, for myself, the children and on behalf of my and their heirs, assigns, personal representatives and next of kin, hereby waive, release and discharge Oma's Family Farm and its directors, officers, agents, employees, owners and representatives (collectively ‘Oma's Family Farm') with respect to any and all losses, damages, injuries, expenses and claims, including without limitation suffered or incurred as a result of the children using Oma's Family Farm, due to any cause whatsoever, for personal injury, death or loss or damage to person or property, even if arising from the negligence of Oma's Family Farm or otherwise and hereby agree to indemnify and hold harmless Oma's Family Farm from and against any liability, losses, claims and damages resulting from the children using Oma's Family Farm

I grant permission for my child(ren) to be photographed, or their images recorded for print or electronic use in promoting Oma's Family Farm. I understand that it is my responsibility to update this form in the event that I no longer wish to authorize the above uses. I agree that this form will remain in effect unless revoked. I understand that there will be no payment for me or my child’s participation in this release.
I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for.

I understand and acknowledge, Under California law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury 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, death, damage, or loss. I am assuming the risk of participating in this agritourism activity who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Oma's Family Farm will not issue refunds for any reason. You must add Ticket Protection to your order for a refund in the event of unforeseen circumstances. Otherwise, I am aware of and understand that upon the completion of the purchase, my admission ticket(s) is/are non-refundable.

✓ ALL SALES ARE FINAL.