U-Pick Liability Waiver & Release of Liability

Please read this waiver carefully before participating in our U-Pick experience. By participating, you agree to the following terms.

THIS IS A LEGAL AGREEMENT THAT AFFECTS YOUR RIGHTS.
Business: Fenimore & Rutland
Property Address: 138 N Jasper St, Allentown, PA 18109
Activity: Mini Flower U-Pick Experience

1.    VOLUNTARY PARTICIPATION
I voluntarily choose to enter the private property operated by Fenimore & Rutland and participate in the Mini Flower U-Pick Experience (“Activity”).
The Activity may include walking through cultivated flower-growing areas, selecting and cutting flowers with snips provided by Fenimore & Rutland, carrying flowers or containers, having flowers packaged or arranged in a mason jar, and consuming complimentary nonalcoholic beverages.
I understand that this is an active agricultural property and is not maintained like a paved public park, retail store, or indoor event venue.

2.    AGE AND ADMISSION REQUIREMENTS
All participants must be at least 10 years old.
Every person entering the garden for the Activity must:
•    Have their own paid reservation;
•    Be included in the scheduled reservation;
•    Complete a separate waiver if age 18 or older; and
•    Have this agreement completed by a parent or legal guardian if under age 18.
Unregistered or unpaid guests may not enter or remain on the property.
Children under 10 years old are not permitted to attend, including as observers or accompanying guests.

3.    ACKNOWLEDGMENT OF RISKS
I understand that entering the garden and participating in the Activity may involve inherent and other risks, including, but not limited to:
•    Uneven, soft, muddy, wet, slippery, rocky, or recently worked ground;
•    Holes, roots, raised beds, plant stakes, irrigation lines, hoses, fencing, tools, equipment, and other tripping hazards;
•    Slipping, tripping, falling, cuts, punctures, scrapes, bruises, strains, sprains, or other injuries;
•    Using or handling sharp floral snips, scissors, pruners, glass mason jars, buckets, and other equipment;
•    Broken, cracked, or chipped glass;
•    Bees, wasps, ticks, mosquitoes, spiders, snakes, wildlife, and other insects or animals;
•    Pollen, flowers, plants, soil, mold, insects, fertilizers, pesticides, foods, beverages, or other substances that may cause an allergic reaction, illness, or injury;
•    Thorns, sharp stems, irritating or toxic plants, and contact with plant sap;
•    Sun exposure, heat, humidity, rain, wind, lightning, changing weather, dehydration, and heat-related illness;
•    Contact with other participants, workers, vehicles, structures, machinery, or garden equipment;
•    Damage to or loss of personal property; and
I understand that this list does not describe every possible risk. I knowingly and voluntarily accept the risks associated with entering the property and participating in the Activity.

4.    HEALTH AND PERSONAL RESPONSIBILITY
I am responsible for deciding whether I am physically able to participate safely.
I am responsible for bringing any medication or protective items I may require, including allergy medication, an epinephrine auto-injector, sunscreen, insect repellent, suitable footwear, drinking water, or weather-appropriate clothing.
I will notify Fenimore & Rutland immediately if I feel ill, become injured, observe a dangerous condition, or need assistance. I understand that Fenimore & Rutland personnel are not medical professionals and may not be able to provide medical treatment.
I understand that the garden’s complimentary beverages are nonalcoholic. I am responsible for determining whether any beverage or ingredient is safe for me to consume, particularly if I have allergies, sensitivities, dietary restrictions, or a medical condition.

5.    USE OF FLORAL SNIPS
Fenimore & Rutland will provide floral snips for use during the Activity.
I understand that floral snips are sharp and can cause serious cuts, puncture wounds, or other injuries. I agree to:
•    Use the snips only for cutting flowers in designated areas;
•    Follow all instructions concerning their safe use;
•    Keep the snips pointed downward when walking;
•    Never run, play, gesture, or engage in horseplay while holding the snips;
•    Never use the snips on another person’s clothing, belongings, or body;
•    Never allow another person to use snips assigned to me without permission; and
•    Return the snips when directed or when my scheduled session ends.
Fenimore & Rutland may immediately remove the snips or end my participation if I use them unsafely.

6.    GARDEN RULES
I agree to:
•    Remain within designated parking, walking, picking, and guest areas;
•    Follow all instructions, posted signs, boundaries, and weather directions;
•    Wear stable, closed-toe footwear appropriate for uneven garden ground;
•    Walk carefully and remain aware of changing ground conditions;
•    Cut only the flowers and quantities authorized by Fenimore & Rutland;
•    Avoid intentionally damaging plants, growing beds, tools, property, or equipment;
•    Stay away from garden equipment, vehicles, restricted areas, private spaces, and buildings not included in the Activity;
•    Refrain from climbing fences, gates, structures, trees, equipment, or displays;
•    Refrain from smoking, vaping, using illegal substances, or arriving under the influence of alcohol or drugs;
•    Refrain from bringing pets unless Fenimore & Rutland has provided advance written permission, except as otherwise required by law;
•    Supervise any participant under age 18 who is in my care;
•    Avoid disruptive, threatening, reckless, or unsafe behavior; and
•    Leave the property when my scheduled 30-minute picking session ends or when directed by Fenimore & Rutland.
Fenimore & Rutland may end my participation without a refund if I disregard safety instructions, enter restricted areas, damage property, behave dangerously, or interfere with garden operations.

7.    ASSUMPTION OF RISK
I knowingly and voluntarily assume the inherent and reasonably foreseeable risks associated with the Activity and my presence on the property, including risks associated with agricultural land, uneven surfaces, weather, plants, insects, tools, floral snips, mason jars, beverages, garden operations, and the actions of other participants.

8.    RELEASE AND WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE
To the fullest extent permitted by Pennsylvania law, I release and agree not to sue Fenimore & Rutland and its owners, property owners, members, officers, employees, contractors, volunteers, representatives, agents, successors, and assigns (“Released Parties”) for claims arising from personal injury, illness, death, property loss, or property damage connected with my presence on the property or participation in the Activity, including claims resulting from the ordinary negligence of a Released Party.
This release does not apply to reckless, willful, wanton, intentional, or other conduct that cannot legally be released under Pennsylvania law.

9.    PERSONAL PROPERTY AND EXPENSES
I am responsible for my belongings while on the property.
To the extent permitted by law, I accept responsibility for medical, transportation, property-repair, or other expenses resulting from my participation, whether or not I maintain health, property, or other insurance.

10.    EMERGENCY ASSISTANCE
If I become injured or ill and cannot provide instructions, I authorize Fenimore & Rutland to contact emergency services and provide reasonable assistance until emergency personnel arrive.
I understand that this authorization does not require Fenimore & Rutland or its personnel to provide medical care beyond their training.

11.    PARTICIPANTS AGES 10–17
If I am signing for a participant between the ages of 10 and 17, I confirm that:
•    I am the participant’s parent or legal guardian;
•    I have authority to authorize the participant’s attendance;
•    I have reviewed the risks and garden rules with the participant;
•    I believe the participant is capable of safely using floral snips and following instructions;
•    I will supervise the participant throughout the Activity; and
•    I accept responsibility for ensuring that the participant follows all garden rules.

I understand that Pennsylvania law may limit the enforceability of a parent’s pre-injury release of a minor’s legal claims. The remaining permissions, acknowledgments, assumptions of risk, responsibilities, and agreements remain effective to the fullest extent permitted by law.

12.    PRIVATE PROPERTY AND PERMISSION TO ENTER
I understand that 138 N Jasper St, Allentown, PA 18109 is private property.
My paid reservation gives me limited permission to enter the designated portion of the property during my scheduled reservation and solely for the Activity. It does not give me permission to:
•    Enter the property before or after my scheduled time;
•    Return on another date without a reservation;
•    Enter restricted or private areas;
•    bring an unpaid or unregistered guest; or
•    Use the property for photography sessions, commercial activity, or any purpose not expressly authorized by Fenimore & Rutland.

13.    WEATHER, FLOWERS, AND GARDEN CONDITIONS
I understand that flower availability depends on weather, crop health, wildlife, growing conditions, and natural seasonal cycles. Specific varieties, colors, stem counts, or quantities are not guaranteed.
Fenimore & Rutland may delay, shorten, reschedule, relocate, or cancel the Activity when weather, field conditions, crop conditions, safety concerns, or circumstances outside its reasonable control make that necessary.

14.    PENNSYLVANIA LAW AND SEVERABILITY
This agreement is governed by the laws of the Commonwealth of Pennsylvania.
If any portion of this agreement is found invalid or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.

If you have questions about this waiver, please get in touch with us before participating.