Please be advised:
- There will be NO REFUNDS for Admissions, for Bad Weather, for OTHER ACTS OF GOD or any other purchases made online.
- NO OUTSIDE FOOD OR COOLERS ARE ALLOWED - including Birthday Cakes. Due to our licensing agreements. We have food and beer or cider available for sale daily.
- NO outside animals or pets (including small dogs) are allowed per our insurance requirements. Service animals are welcome with the proper licensing VISIBLE at all times.
J & K & Kids, LLC dba French Prairie Gardens is not responsible for any injuries, damage and/or loss to person or property incurred by visitors to the farm. This property is privately owned. We reserve the right to refuse service to anyone and will not be responsible for accidents nor injury to guests or for loss of money or valuables of any kind. By visiting and playing at J & K & Kids, LLC dba French Prairie Gardens, the holder and guests agree to assume all risks and liabilities inherent in this activity, including, but not limited to those flowing from natural and man-made hazards.
"Under Oregon law, there is no liability for an injury to or the death of a participant in an agri-tourism activity conducted at this agri-tourism location if the injury or death results from the inherent risks of the agri-tourism activity. Inherent risks of agri-tourism activities are 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 or death. You are assuming the risk of participating in this agri-tourism activity." ORS (30.671 to 30.677)
WAIVER OF LIABILITY RELATED TO CORONAVIRUS (COVID-19)
1. INTRODUCTION. The novel coronavirus, or COVID-19, has been declared a worldwide pandemic by the World Health Organization and various state and local governments have made declarations and issued emergency orders and regulations concerning COVID-19. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact, by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease asymptomatically. As of the date of this Waiver, the exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. COVID-19 can cause serious and potentially life threatening illnesses, long-term health problems, and even death. Known symptoms of COVID-19 include, but are not limited to fever, chills, fatigue, dry cough, difficulty breathing, chest pressure, muscle or body aches, new loss taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.
2. ADVISEMENT. J & K & Kids, LLC dba French Prairie Gardens has taken extra precautions with its business operations to prevent the infection or transmission of COVID-19. Despite efforts by J & K & Kids, LLC dba French Prairie Gardens, it cannot prevent you and, if applicable, your agents, employees, contractors, or children from becoming exposed to, contracting, or spreading COVID-19 while utilizing J & K & Kids, LLC dba French Prairie Gardens's services or premises, or interacting with J & K & Kids, LLC dba French Prairie Gardens's employees, contractors, agents or others. It is not possible to totally prevent against the presence or transmission of the virus. Therefore, if you choose to purchase J & K & Kids, LLC dba French Prairie Gardens's products or utilize J & K & Kids, LLC dba French Prairie Gardens's services and/or enter onto J & K & Kids, LLC dba French Prairie Gardens's premises, or engage with J & K & Kids, LLC dba French Prairie Gardens's agents, employees, contractors, vendors or others, you may be exposing yourself or your agents, employees, contractors or children to COVID-19 and/or increasing your and their risk of contracting or spreading COVID-19, which could lead to serious short-term and long-term health consequences, including death.
3. APPLICABLE ORDER(S). Many federal agencies, states, counties and cities have issued various orders, recommendations and guidance, including stay-at-home orders, emergency orders, regulations and guidance related to closures of various businesses, and/or restrictions on the types of businesses that may operate, or placed conditions, restrictions and limitations on the operation of such businesses. J & K & Kids, LLC dba French Prairie Gardens makes no representations or warranties concerning any particular order, guidance, or regulation which may be in effect and which may impact you, your agents, employees, contractors, vendors, children or others. You understand and agree that you are fully informed on the existence and provisions of such orders, guidance and regulations, that you and, if applicable, your agents, employees, contractors, vendors and children, will understand and comply with all such orders, guidance and regulations, including those related to hand sanitation, social/physical distancing, and use of face coverings, and that J & K & Kids, LLC dba French Prairie Gardens has not made any representations or warranties concerning the same, and you, your agents, employees, contractors, vendors, children or others are not relying on any statement, representation, or warranty, made by J & K & Kids, LLC dba French Prairie Gardens concerning the same.
4. REPRESENTATIONS. I represent and affirm that I, and, if applicable, my agents, employees, contractors, vendors, or children, do not currently have any of the known symptoms of COVID-19 listed above or others which may be known, nor have I or, if applicable, my agents, employees, contractors, vendors or children, experienced those symptoms in the past fourteen (14) days. I affirm that I have not, and if applicable, my agents, employees, contractors, vendors or children have not, been diagnosed with COVID-19 in the last fourteen (14) days. I affirm that to the best of my knowledge, I have not, and my agents, employees, contractors, vendors and children have not, been exposed to any person(s) diagnosed with COVID-19 in the last fourteen (14) days.
5. COMPLIANCE. I, and, if applicable, my agents, employees, contractors, vendors and children, agree to obey all rules and regulations applicable to J & K & Kids, LLC dba French Prairie Gardens's operations instituted by J & K & Kids, LLC dba French Prairie Gardens and any and all federal, state and local authorities to prevent the spread, transmission or infection of COVID-19.
6. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself, and if applicable, my agents, employees, contractors or children in order to utilize J & K & Kids, LLC dba French Prairie Gardens's services or products and/or enter J & K & Kids, LLC dba French Prairie Gardens's premises. These services and/or events are of such value to me and, if applicable, my agents, employees, contractors, or children, that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize J & K & Kids, LLC dba French Prairie Gardens's services, obtain its products, and/or premises in person rather than arranging for an alternative method of accessing and using the same products and/or enjoying the same services telephonically, virtually, or through some means other than in-person participation.
7. WAIVER OF LAWSUIT/LIABILITY: I hereby forever release, waive, discharge my right to sue and covenant not to bring suit against J & K & Kids, LLC dba French Prairie Gardens and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands for personal injury, sickness or death, as well as property damage and expenses of any nature which may be incurred, in connection with exposure, infection, and/or spread of COVID-19 related to utilizing J & K & Kids, LLC dba French Prairie Gardens's services and/or premises.
I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. This waiver and release does not extend to claims for gross negligence or intentional misconduct, which, depending on the jurisdiction, may not be released by agreement. I understand and agree that J & K & Kids, LLC dba French Prairie Gardens cannot be held liable for any exposure to the COVID-19 virus caused by any information on this Waiver. I understand this Waiver shall be binding on my heirs, executors, administrators, successors, and assigns.
I expressly agree that this Waiver is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Waiver is found to be void or unenforceable, the remaining provisions shall be remain in full force and effect. This Waiver contains the entire understanding between the parties relating to this subject matter, and may not be altered, modified, amended or supplemented in any manner except by a written agreement signed by the parties hereto or their duly authorized representatives.
8. CHOICE OF LAW: I understand and agree that the law of the State of OR will apply to this contract.
IF APPLICABLE: If participant is under the age of 18, a parent or legal guardian must read and sign this Waiver, agreeing to be bound by its terms and verifying that he/she is the legal parent and/or legal guardian of the minor. I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Waiver.
ELECTRONICALLY SIGN BELOW.
