Please read before purchasing a car pass. This agreement affects legal rights. It applies to the purchaser personally; the car pass admits the other occupants subject to the event rules described below.
Hieber Farms Christmas Festival (the “Event”) is held on a working farm.
I understand that risks include uneven, muddy, slippery, rocky or unlit ground; holes, roots, ditches, fences, gates, equipment, vehicles and parking areas; weather and reduced visibility; crowds, games and decorations; hot drinks, cooking equipment, heaters, fire pits and open flames; and animals that may kick, bite, scratch, startle, escape or transmit illness or trigger allergies.
Ponds and other water features present risks of falling, injury and drowning. There is no swimming, wading or entry into water.
I understand that that no lifeguard is present at the pond, and I hold Hieber harmless for any drowning or other injury that may occur as a result of my children or me entering the pond.
I likewise hold Hieber harmless for any harm that may occur from encountering any open flame.
These risks may result in illness, injury, property damage or death, even when reasonable care is used.
I further acknowledge that Hieber is not responsible for the unforeseeable actions of third parties, including vendors over which Hieber does not have direct supervision.
I hold Hieber harmless for the negligence, gross negligence or intentional acts or omissions of any third party, including any vendors on the premises.
My participation in this activity is voluntary, and I accept full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result.
I voluntarily enter and accept the inherent and other risks of attending.
I will follow posted signs and staff directions, stay in designated guest areas, keep away from ponds, water, equipment and restricted areas, and supervise all children in my care closely at all times, especially around animals, water, roads and fire.
I will share this waiver and the safety rules with every person I bring under my car pass before arrival.
I represent that I have authority to purchase admission for my party and to agree to the admission rules, I will not bring an unaccompanied minor unless their parent or legal guardian has separately approved attendance, in which case I assume responsibility for that minor.
If a driver of a carload of patron, I verify that all passengers in my vehicle have completed this waiver.
I understand and agree that if I have failed to ensure that all passengers have completed this waiver then I indemnify Hieber for any and all claims made by my passengers as well as for any claims made by third parties resulting from the actions or inactions of my passengers.
To the fullest extent permitted by Tennessee law, I hereby release and hold harmless Hieber Farms Christmas, LLC; the owners and operators of the premises; and their respective members, managers, officers, directors, employees, volunteers, agents, representatives, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, causes of action, damages, losses, or expenses that I personally may have arising out of or relating to my attendance at the Event, participation in any activity on the property, or use of the premises, including, without limitation, claims for personal injury, illness, wrongful death, damage to or theft of personal belongings or vehicles, or other property damage.
I expressly understand and agree that this release applies even if an injury, loss, or damage is caused in whole or in part by the ordinary negligence or other fault of a Released Party, including ordinary negligence in maintaining the premises, supervising activities, providing or operating attractions or activities, responding to hazards, or otherwise conducting the Event.
I knowingly and voluntarily assume the risks associated with attending the Event and participating in activities on the property.
This release does not apply to any claim or liability that cannot lawfully be released or waived under Tennessee law.
If I am a parent or legal guardian of a minor in my party, I acknowledge the risks and consent to the minor’s participation, agree to supervise the minor, and release only my own claims, to the extent permitted by law.
I understand that vehicles and personal property are brought at the owner’s risk.
I will secure valuables and use designated parking.
Independent vendors and other attendees may cause harm; no Released Party guarantees their conduct.
This agreement does not purport to release a vendor from that vendor’s own liability.
Except where otherwise required by applicable law or expressly stated in writing by Hieber Farms Christmas, LLC, all purchases are final and non-refundable.
This includes, without limitation, car passes, admission purchases, carnival tickets, activity tickets, attraction tickets, merchandise, food or beverage purchases, add-ons, upgrades, reservations, and other Event-related purchases.
No refund, credit, cash redemption, or other reimbursement will be provided because of a purchaser’s change of plans, inability to attend, late arrival, early departure, weather conditions, wait times, attraction availability, failure to participate in an activity, or failure to use any purchased item or ticket.
Carnival tickets, activity tickets, and other prepaid Event tickets have no cash value and are non-refundable.
Any carnival tickets, activity tickets, or other prepaid tickets remaining unused when a guest leaves the Event or when the applicable Event visit concludes will not be refunded, redeemed for cash, or credited toward another purchase.
Unless Hieber Farms Christmas, LLC expressly provides otherwise in writing, unused carnival tickets, activity tickets, or other prepaid tickets may not be carried forward to another Event date.
Outdoor activities, entertainment, vendors, animals, attractions, schedules, and Event offerings are subject to change, modification, delay, relocation, suspension, or closure due to weather, safety concerns, operational needs, animal welfare, circumstances beyond Hieber’s reasonable control, or other conditions.
Such changes do not, by themselves, entitle a purchaser to a refund.
If Hieber Farms Christmas, LLC cancels an Event date entirely and does not provide the purchased admission or a replacement Event date, any refund, credit, transfer, or other remedy will be determined in accordance with applicable law and the Event’s cancellation policy.
If an emergency occurs, I authorize Event staff to seek emergency assistance for me or a child in my care when reasonably necessary.
I am responsible for my own medical costs and costs I am legally responsible for concerning a child.
Event photography may include guests; any optional promotional use of an identifiable image of me or my child should be addressed through a separate, optional media consent.
I grant permission for Hieber to use photographs or videos taken during the Event for promotional, educational, or commercial purposes.
I waive any right to compensation or approval of materials.
If the participant is under 18 years of age, this form must be signed by a parent or legal guardian.
The parent/guardian assumes all risks and liabilities on behalf of the minor.
If any part of this waiver is held to be invalid or unenforceable, all other provisions shall remain in full force and effect.
This agreement shall be governed by the laws of the state of Tennessee.
Any claim against Hieber related to this event must be filed in the courts of Sumner County, Tennessee.
Tennessee law governs this agreement.
Any provision found unenforceable shall be severed without invalidating the remainder.
A dispute shall be brought in a court of competent jurisdiction in the Tennessee county where the Event takes place, to the extent permitted by law.
This agreement applies to each Event visit made under the purchased pass.
I have had an opportunity to read it before payment.
I am at least 18 and have read and agree to the Patron Waiver and Assumption of Risk for myself. I understand it releases my own claims, including claims based on negligence, to the extent allowed by Tennessee law. I will share the risks and rules with everyone entering under my car pass and supervise minors in my care. If a driver of a carload of patron, I verify that all passengers in my vehicle have completed this waiver. I understand and agree that if I have failed to ensure that all passengers have completed this waiver then I indemnify Hieber for any and all claims made by my passengers as well as for any claims made by third parties resulting from the actions or inactions of my passengers. I further understand and agree that, except where otherwise required by applicable law or expressly stated in writing by Hieber Farms Christmas, LLC, all purchases are final and non-refundable, including unused carnival tickets, activity tickets, add-ons, and other prepaid Event purchases, which have no cash value and will not be refunded, redeemed for cash, or credited merely because they are not used.
