
WARNING – ASSUMPTION OF RISK AND RELEASE OF LIABILITY
Riding the Rainbow Slide and Participating in Winter Wonders at Sandy Hill Farm:
By purchasing a ticket, entering the premises of Sandy Hill Farm, participating in Winter Wonders, or riding the Rainbow Slide (collectively, the “Activities”), you (and any minor for whom you are responsible) acknowledge and agree to the following terms. Your participation constitutes your full acceptance of this Agreement. If you do not agree, do not enter the premises or participate in the Activities.
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Description of Activities and Inherent Risks
The Activities include walking through an outdoor illuminated light display, riding the Rainbow Slide (a tubing/slide attraction), and related farm and winter activities at Sandy Hill Farm in Eliot, Maine. These Activities involve inherent and other risks, including but not limited to: slips, falls, collisions with other participants, equipment, or structures; abrupt stops or changes in speed/direction on the slide; uneven, icy, wet, or slippery surfaces; cold weather conditions; equipment malfunction; negligence of other participants or third parties; and the ordinary negligence of Sandy Hill Farm, its owners, operators, employees, agents, volunteers, and affiliates (the “Released Parties”). -
Assumption of Risk
You voluntarily assume all risks of personal injury, illness, permanent disability, death, and property damage arising from or related to the Activities, whether caused by the inherent risks of the Activities or by the ordinary negligence of the Released Parties or others. -
Release and Waiver of Liability
To the fullest extent permitted by Maine law, you hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all liability, claims, demands, actions, or causes of action for personal injury, death, or property damage arising out of or related to the Activities, including claims based on the ordinary negligence of the Released Parties.
This release does not apply to claims arising from gross negligence, recklessness, willful or wanton misconduct, or any other liability that cannot be waived under Maine law.
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Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of your (or your minor’s) participation in the Activities or any breach of this Agreement. -
Medical Treatment and Physical Condition
You represent that you (and any minor participant) are physically able to participate. You consent to emergency medical treatment if needed and release the Released Parties from liability for such treatment. -
Minors
If you are the parent or legal guardian of a minor participant, you agree to this Agreement on behalf of the minor and yourself, and you accept full responsibility for the minor’s safety and conduct. -
Severability and Governing Law
If any provision of this Agreement is held unenforceable, the remaining provisions shall continue in full force and effect. This Agreement shall be governed by the laws of the State of Maine. Any dispute shall be resolved exclusively in the state or federal courts located in Maine.
BY ENTERING THE PREMISES, PURCHASING A TICKET, OR PARTICIPATING IN THE ACTIVITIES (INCLUDING RIDING THE RAINBOW SLIDE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS ASSUMPTION OF RISK AND RELEASE OF LIABILITY.
