The purpose of this Travel and Activity Waiver (“Waiver”) is to protect the safety, health and welfare of our guests and to ensure that guests are fully aware of the potential risks involved when visiting Mama Farm. This Waiver is effective as of the date of deposit for staying on the Mama Farm property as set forth below through the end of my actual stay, which include without limitation Mama Farm and Mama Farm B&B (my “Stay”). In partial consideration for my Stay, I acknowledge and agree to the following statements and binding conditions:
1. My health and welfare are my responsibility. I am obligated to comply with local laws. I understand that alcohol will not be provided or served on Mama Farm without a permit granted through the proper processes from the NY SLA. Mama Farm is not held responsible for any injuries – minor or severe –related to consumption of alcohol on site, including in the Mama Farm B&B.
2. I acknowledge my obligation to enter Mama Farm and Mama Farm B&B only if I am not experiencing any COVID-19 symptoms identified by the US Centers for Disease Control and Prevention. This includes not having a fever or feeling feverish without the use of medication in the last 72 hours prior to arrival. I understand that any and all medical expenses incurred during or after y Stay are my responsibility. By entering the Mama Farm premises, I acknowledge the contagious nature of the COVID-19 virus and voluntarily assume the risks that I may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal illness or injury or death. I voluntarily assume the foregoing risks and accept sole responsibility for any such injury, illness or death.
3. On behalf of myself, my personal representatives and heirs, I release Mama Farm which includes without limitation Mama Farm LLC, South Country Farm, and Mama Farm B&B (PCN2 LLC) together with any and all online, telephonic or other booking, marketing and/or travel agents, and their respective affiliates and their officers, shareholders, members, partners, employees, consultants and agents (the “Resort Parties”) from any and all claims and causes of action for damage to or loss of property, personal illness and injury, or death arising out my Stay and any and all activities connected, directly or indirectly, with my Stay.
4. If I am staying in the farm’s cottage, the same language above applies to that property (Pikachu Nando LLC).
5. In connection with my Stay at Mama Farm, I have the opportunity to engage in outdoor recreation, which may include and/or involve yoga, hiking, walking, gardening, farming activities and interacting with live animals, including bees. These and any outdoor recreation and activities have inherent risks and danger. My participation in such activities may result in injury or illnesses and/or damages, whether caused in whole or in part by the activity itself. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by any conduct and/or omission of Mama Farm or by any other person. I will arrange for such insurance, as I deem relevant, without cost or obligation to Mama Farm. I understand that supplemental insurance for sickness, accident, and trip cancellation/interruption is recommended and available.
6. This Waiver is the final and exclusive agreement of the parties with respect to the subject matter hereof. No modification of this Waiver, nor any waiver of any rights under this Waiver, shall be effective unless in writing and signed by the party to be charged. Should any provisions of this Waiver be held in any jurisdiction to be illegal, invalid or unenforceable, such provisions shall be considered separable and inapplicable to the extent of such illegality, invalidity and unenforceability, and the legality, validity and enforceability of the remaining provisions of this Waiver shall not be affected or impaired thereby. This Waiver shall be governed and construed in accordance with the internal laws of the United States of America.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE. IT IS MY INTENTION TO EXEMPT AND RELIEVE THE RESORT PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY CAUSE. BY PAYING MY DEPOSIT I AM INDICATING AGREEMENT AND ACCEPTANCE ON BEHALF OF MYSELF, MY PARTY, INCLUDING ALL MINOR CHILDREN (UNDER 18 YEARS OF AGE) UNDER MY CARE IN ATTENDANCE.