TERMS OF SERVICE & LIABILITY WAIVER AGREEMENT
By purchasing, booking, entering, or otherwise engaging in any services, activities, or use of property associated with Basket of Flowers Farm, you (“Customer,” “Participant,” or “Guest”) acknowledge that you have read, understood, and agree to be legally bound by the following Terms of Service and Liability Waiver Agreement.
For the purposes of this Agreement, “Company” shall include Basket of Flowers Farm, the private property on which services are conducted, the property owners, members of the Olivares Salce family, and any owners, operators, employees, volunteers, agents, or representatives thereof.
1. ASSUMPTION OF RISK
You acknowledge and understand that entering and being present on private property, including a working farm and residential property, and participating in any related activities involves inherent risks.
These risks include, but are not limited to:
Uneven terrain, natural land conditions, and agricultural hazards
Exposure to weather, insects, animals, plants, and equipment
Proximity to a private residence and family living environment
Actions of other guests or third parties
By entering the property, you freely and voluntarily assume all risks, both known and unknown.
2. RELEASE OF LIABILITY
To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue:
Basket of Flowers Farm
The property owners
The Olivares Salce family and household members
Any employees, agents, contractors, or representatives
from any and all claims, liabilities, damages, demands, actions, or causes of action whatsoever, whether known or unknown, arising out of or related to:
Personal injury, illness, or death
Property damage, loss, or theft
Accidents or incidents of any kind
Presence on the private property or participation in any activities
You agree that neither the Company nor the private property owners or family members shall be held liable for any reason whatsoever, to the fullest extent permitted by applicable law.
3. PERSONAL RESPONSIBILITY
You acknowledge and agree that:
You are fully responsible for your own safety at all times
You are responsible for the conduct and safety of any minors or guests accompanying you
You are solely responsible for your personal belongings, purchases, and any items (including flowers)
You agree to act safely and respectfully on what is both a business location and a private family residence
4. HOLD HARMLESS & INDEMNIFICATION
You agree to indemnify, defend, and hold harmless:
The Company
The private property
The Olivares Salce family and all household members
from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorney’s fees) arising out of or related to:
Your presence on the property
Your participation in any activities
Any injury, loss, or damage caused by you or your party
Any claim brought by a third party related to your actions
5. PRIVATE PROPERTY ACKNOWLEDGMENT
You expressly acknowledge that:
The premises are privately owned residential property
Members of the Olivares Salce family reside on-site
You are entering at your own risk
No additional duty of care is assumed beyond what is required by law
6. NO LIABILITY FOR LOSS, DAMAGE, OR THEFT
You agree that:
The Company and property owners are not responsible for lost, stolen, or damaged items
This includes vehicles, personal belongings, purchases, and any items brought onto or removed from the property
7. NO WARRANTIES
All services, products, and experiences are provided “as is” without any warranties, express or implied.
8. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Wisconsin.
9. SEVERABILITY
If any portion of this Agreement is found unenforceable, all remaining provisions shall continue in full force and effect.
10. ACKNOWLEDGMENT & ACCEPTANCE
By checking the required box at checkout, entering the property, or participating in any services, you acknowledge that:
You have read and fully understand this Agreement
You understand that this is a legally binding waiver of liability
You voluntarily agree to all terms
You waive certain legal rights, including the right to bring claims against the Company, property owners, and the Olivares Salce family