1. Parties and purpose

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY SIGNING OR CHECKING THE BOX, YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY ORDINARY NEGLIGENCE.

This Visitor Release, Waiver of Liability, and Assumption of Risk Agreement (the "Agreement") is between Timberline Farms, LLC, a New Jersey limited liability company, located at 1413 Mays Landing Road, Folsom, New Jersey ("Timberline Farms"), and the undersigned visitor ("I," "me," or "Visitor").

In exchange for being allowed to enter Timberline Farms' property and to attend events, take part in activities, and use facilities there (together, "Farm Activities"), I agree to the following.

I understand that Timberline Farms is a working farm, not an amusement park or public park. Normal farm operations, livestock, equipment, and natural conditions are present during my visit and are part of the experience I am choosing.

2. Inherent risks of visiting a working farm

I understand that Farm Activities involve risks that cannot be fully eliminated without changing the nature of the farm. These include, but are not limited to:

  1. Terrain and surfaces: uneven, rutted, soft, wet, or muddy ground; holes, roots, rocks, stumps, field rows, irrigation lines, fencing, and gravel or sand paths.

  2. Lighting and weather: low or no lighting after dark; heat, cold, rain, wind, lightning, and sun exposure.

  3. Animals: livestock and poultry (including goats and chickens) and wildlife that may bite, kick, scratch, peck, butt, jump, or behave unpredictably; animal waste; and illnesses that can pass from animals to people, such as E. coli and Salmonella. Handwashing after animal contact is my responsibility.

  4. Birds of prey and wildlife programs: presentations by outside groups involving live raptors, feathers, feet, or other animal parts.

  5. Farm equipment and structures: tractors, trailers, implements, tools, vehicles, barns, sheds, greenhouses, and stored materials.

  6. Plants and insects: thorns, sharp stems, poisonous or irritating plants, pollen, and stinging or biting insects, including bees, wasps, ticks, and mosquitoes, and any allergic reactions to them.

  7. Food and drink: food prepared on site or by outside vendors, including foods that may contain or come into contact with common allergens such as wheat, eggs, dairy, soy, and nuts.

  8. Parking and walking: vehicles moving in parking areas and on farm lanes, and walking distances between parking and event areas.

  9. Crowds and other visitors: the acts or carelessness of other visitors, children, vendors, performers, and volunteers.

  10. Fire and open flame, if present, including fire pits, cooking equipment, and heaters.

I understand these risks may result in property damage, illness, serious bodily injury, or death.

3. Assumption of risk

My visit and participation are voluntary. I knowingly and freely assume all risks of Farm Activities, both known and unknown, including the inherent risks listed in Section 2, even if those risks arise from the ordinary negligence of Timberline Farms or the Released Parties defined below.

I am responsible for my own safety and judgment. I will decide for myself whether I am physically able to walk the grounds, approach animals, or take part in any activity, and I will stop or leave if I feel unsafe. I will tell a staff member or volunteer if I need an accommodation or see a hazard.

4. Release and waiver of claims

"Released Parties" means Timberline Farms, LLC and its members, owners, managers, employees, volunteers, agents, landowners, and any business operating on the farm under its name, including Black Market Bakery.

To the fullest extent permitted by New Jersey law, I release, waive, and agree not to sue the Released Parties for any claim, demand, or cause of action for property damage, illness, personal injury, or death arising out of or related to my presence on the property or my participation in Farm Activities, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

This release does not apply to injury caused by the gross negligence, recklessness, or willful or intentional misconduct of a Released Party, or to any claim that cannot be waived under New Jersey law.

This release binds me, my heirs, executors, administrators, and anyone who may bring a claim on my behalf.

5. Indemnification

To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from any claims, losses, damages, and costs, including reasonable attorneys' fees, arising from (a) my conduct or the conduct of any minor or guest I bring onto the property, (b) my breach of this Agreement or the farm's rules, or (c) any claim brought on behalf of a minor in my care that this Agreement does not otherwise bar.

6. Minors

Anyone under 18 must be accompanied and supervised by a parent, legal guardian, or responsible adult at all times. If I am signing for a minor, I confirm that I am the minor's parent or legal guardian, or have their permission to bring the minor, and that:

  • I have read this Agreement and explained the farm's risks and rules to the minor.

  • I accept responsibility for supervising the minor, including near animals, equipment, parking areas, and in low light.

  • I assume, on my own behalf, the risks described in Section 2 as they apply to the minor, and I release my own claims (such as medical expenses I pay) arising from the minor's participation, to the extent allowed by law.

  • I agree, on behalf of the minor, to the dispute resolution terms in Section 8.

Minor(s) attending: ________________________________________

7. Farm rules, health, and media

Rules. I agree to follow posted signs and the instructions of staff and volunteers, and to:

  • Stay in designated guest areas. Barns, fields, equipment, and animal pens are off-limits unless I am escorted or invited.

  • Never climb on, touch, or operate farm equipment, vehicles, or structures.

  • Feed or touch animals only where and how staff allow, and wash my hands afterward.

  • Keep dogs leashed and under my control at all times, keep them out of animal areas, and clean up after them. I am responsible for any injury or damage my dog causes. Never bring weapons, fireworks, or illegal drugs.

  • Drive slowly and park only where directed.

Timberline Farms may remove anyone who breaks these rules or acts unsafely, without refund.

Health. I confirm that I and any minor in my care are able to take part safely. I am responsible for knowing about and managing my own allergies and medical needs. If I or a minor in my care is injured or ill and I cannot be reached or am unable to decide, I authorize Timberline Farms to call emergency services and arrange first aid or transport. I am responsible for any resulting costs.

Photos and video. I understand that Timberline Farms creates photos, video, and audio at the farm for its website, social media, publications, and promotion. I grant Timberline Farms permission to use my likeness, and that of any minor in my care, in that media without payment. If I do not want to appear, I will tell a staff member at check-in.

8. Disputes, governing law, and signature

Governing law. This Agreement is governed by the laws of the State of New Jersey. It is intended to be as broad and inclusive as New Jersey law allows.

Arbitration. Any claim against a Released Party arising from my visit, including any claim brought by or on behalf of a minor in my care, will be resolved by binding arbitration in Atlantic County, New Jersey, under the New Jersey Arbitration Act, rather than in court. I UNDERSTAND THAT I AM GIVING UP THE RIGHT TO A JURY TRIAL. Small claims may still be brought in the Special Civil Part.

Severability. If any part of this Agreement is found invalid or unenforceable, the rest remains in full force and effect.

Entire agreement and duration. This is the entire agreement between me and Timberline Farms about these subjects. No oral statements change it. It applies to my current visit and to every future visit to the property unless I revoke it in writing.

I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND SIGN IT VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE FOR ORDINARY NEGLIGENCE.