What is the Release Clause?
I, (the event participant) waives and releases Lavender Waves Farm, LLC its officers, employees, and agents from all claims or liabilities of any kind arising from event participation. I understand such liability may arise out of negligence or carelessness on my part. Lavender Waves Farm, LLC reserves the right to limit entry and access to the farm for any reason and will not be held liable for lost or stolen property. This is a rain or shine event, and no refunds will be issued based solely on weather. All participants assume all risks associated with participating in the"Cut Your Own Lavender" event. By attending the "Cut Your Own Lavender" event, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Lavender Waves Farm, LLC, TMW Productions, LLC or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury. All tickets purchased are non-refundable and non-transferable to other event dates. If the lavender becomes unavailable for any reason, one adult ticket is entitled to one bundle of lavender.
By participating in the "Cut Your Own Lavender Event" you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Lavender Waves Farm, LLC and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Lavender Waves Farms, LLC events in the future. You release Lavender Waves Farm, LLC, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By entering the event premises, you waive all rights you may have to any claims for
payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Lavender Waves Farm, LLC or the person or entity designated to do so by Lavender Waves Farm, LLC. You have been fully informed of your consent, waiver of liability, and release before entering the event.
This Waiver and Release shall be governed by and construed in accordance with the laws of the State of Rhode Island. Any dispute, issue or disagreement arising under this Waiver and Release or any such factual scenario involving this Waiver and Release shall have sole and exclusive venue in the Rhode Island Superior Court.
If and to the extent that Lavender Waves Farm, LLC is prevented from executing the event due to Force Majeure (Act of God), such as, but not limited to, pandemic, fires, explosions, earthquakes, drought, tidal waves, floods, war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, embargo, rebellion, revolution, insurrection, military or usurped power, civil war, contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly, riot, commotion, strikes, go slows, lock outs or disorder or acts or threats of terrorism, Lavender Waves Farm, LLC shall be relieved of its obligations to provide the services but shall endeavor to continue to perform its obligations under the waiver and release so far as reasonably practicable.