By purchasing a ticket, registering for an event or being present at Grace Farms, you must review and agree to the following Release, Indemnification, Waiver/Consent and Dispute Resolution terms and conditions and to the COVID-19 policies and requirements for visiting Grace Farms for any purpose:
Releasor and anyone who can claim or recover through Releasor (including but not limited to his/her/their heirs, assigns, executors, trustees, etc.) hereby agree to waive, relinquish, discharge, release, and covenant not to sue, Grace Farms Foundation, Inc. (the “Company”), its shareholders, directors, trustees, officers, employees, consultants, fiduciaries, contractors, advisors, agents, insurers, attorneys, and volunteers (collectively, the “Released Parties”), from any and all rights, claims of injury, demands, causes of action, damages, liabilities, losses, expenses or costs (including legal fees and costs of investigation and defense) that Releasor and anyone who can claim or recover through Releasor may have or come to have arising out of, connected with, or in any way associated with: Releasor’s participation in activities, programs or events; receiving services sponsored, organized, or occurring on property owned or controlled by Company (the “Premises”); or due to presence on the Company’s Premises at any time (collectively, “Activities”). . Releasor further covenants not to sue or otherwise bring a claim or complaint against any Released Party for any of the matters waived and released herein. This paragraph should not be interpreted to attempt to waive or release rights or claims that by law cannot be waived or released in this fashion. The foregoing Release is intended to be as broad and inclusive as is permitted by law and if any portion thereof is held invalid the Releasor agrees that the balance shall continue in full force and effect.
Company Indemnified, Defended, and Held Harmless
Releasor hereby agrees to indemnify, defend, and hold harmless the Company, at no cost to Company, for any claims, demands, causes of action, damages, liabilities, losses or expenses (including costs of investigation and defense and reasonable attorneys’ fees) against any Released Party due or related to Releasor’s participation in the Activities, including any acts or omissions of Releasor or Releasor’s child, or related to any action or inaction of Releasor while on the Premises or while participating in any Activity.
Releasor Executing on Behalf of Minor Child(ren)
Releasor executes this document or consents to it for himself/herself/themselves and on behalf of all of his/her/their minor children who visit the Premises and/or participate in any Activities as if it were the Releasor doing so.
Waiver and Consent to Use of Likeness
Releasor understands that during participation in Activities or due to presence on the Company’s premises, Releasor’s image, likeness, and/or voice may be captured in a photograph, video, or other visual, audio, or audiovisual recording (collectively, “Recordings”), which the Company may use or publish including, without limitation, for purposes of advertising or promoting the Company or its services. By participating in Activities, Releasor irrevocably grants to the Company and its affiliates, agents, employees, and assigns the right, and grants permission, to (1) record, videotape and photograph, and/or publish Recordings of Releasor and/or Releasor’s name (with or without sound) either alone or with others on any media; (2) use, distribute, publish, display, reproduce and otherwise exploit the Recordings, in whole or in part, and in any and all manners and media, with or without Releasor’s name or a fictitious name for any purpose, including without limitation editorial, audiovisual, advertising, or trade purposes; (3) alter, edit, crop, or retouch the Recordings without restriction; and (4) copyright the Recordings in any manner the Company may choose. Releasor understands that the Recordings may be used in any media, including without limitation on the Internet, and that the Recordings may be displayed publicly and prominently. Releasor further understands that no compensation or royalty will be provided to Releasor for use of Releasor’s image and/or name. Releasor waives any right to inspect or approve any use of Recordings by the Company.
Resolution of Disputes
Should there be any disputes between Releasor and Company regarding the foregoing Release, Indemnification, or Waiver and Consent, or any other aspect of the relationship between Releasor and Company that results in a legal or quasi-legal action being initiated, the laws of the State of Connecticut shall apply, without regard to conflict of law principles thereof. Jurisdiction and venue for any legal or quasi-legal action shall only be in Connecticut Superior Court or the Federal District Court for the District of Connecticut, as applicable, and Releasor irrevocably consents to the jurisdiction thereof. Each party will bear its own court costs and attorneys’ fees except prevailing party shall recover its legal costs and fees relating to that dispute, including attorneys’ fees and including any costs of collection, whether pre-litigation or otherwise.
Limitations on Damages in Case of Liability
Should Company somehow be found liable despite this Agreement, Releasor agrees that the maximum damages Company shall be liable for is the total amount Releasor has paid to Company in the preceding twelve (12) months.
Terms & Conditions updated and effective as of June 20, 2023.