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In consideration of being permitted to enter Josephine Flower Farm and participate in the U-Pick flower experience and related farm activities, I acknowledge and agree as follows.

1. Parties covered

In this agreement, “Josephine Flower Farm” or the “Farm” means Josephine Farm Inc., operating as Josephine Flower Farm, together with its owners, directors, officers, employees, contractors, volunteers, agents, representatives, landowners, successors and assigns.

“Farm activities” include entering or walking on the Farm, observing farm operations, cutting or gathering flowers, using Farm-provided tools or containers, attending events or activities, and using parking areas, paths, fields and visitor facilities.

2. Agritourism warning

WARNING: under Ontario law, an agritourism provider is not liable for the death or injury or illness of a participant in an agritourism activity conducted at this agritourism location if that injury or death or illness results from the inherent risks of that agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the risk of injury inherent to land, equipment and animals as well as the potential for you as a participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

3. Working-farm acknowledgement and assumption of risk

I understand that Josephine Flower Farm is an active working farm, not a public park or a controlled indoor environment. Conditions may change without notice due to weather, farming operations, animals, insects, vegetation, irrigation and other natural or operational causes.

I understand that foreseeable and unforeseen risks may include, but are not limited to:

• Uneven, soft, muddy, slippery or wet ground; holes, ruts, rocks, roots, stakes, irrigation lines, hoses and changes in elevation.
• Slips, trips, falls, cuts, scratches, splinters, punctures and contact with sharp stems, thorns, branches, stakes or cutting tools.
• Contact with tractors, vehicles, trailers, machinery, tools, structures and other equipment ordinarily used on a farm.
• Bees, wasps, hornets, mosquitoes, ticks and other insects, including bites, stings and allergic reactions.
• Wild or domestic animals, animal waste and naturally occurring bacteria or other microorganisms.
• Exposure to pollen, dust, mould, soil, plant material and other allergens.
• Contact with plant sap, pollen, thorns, foliage or other substances that may cause skin irritation, staining, photosensitivity or an allergic reaction.
• Flowers, berries, leaves, bulbs, tubers, roots, seeds and other plant parts that may be harmful or toxic if touched by a sensitive person or ingested.
• Sun exposure, heat, humidity, dehydration, rain, wind, lightning, cold and sudden changes in weather.
• Falling branches, natural debris and other conditions common to rural and agricultural property.
• Physical exertion, bending, carrying, walking through fields and aggravation of an existing health condition.
• Actions or carelessness of other visitors, including children.

I voluntarily accept and assume the inherent and ordinary risks of entering the Farm and participating in Farm activities.

4. Health and personal responsibility

I am responsible for determining whether I and any children under my supervision are physically and medically able to participate safely.

I will bring and use any medications I may require, including allergy medication or an epinephrine auto-injector. I understand that Farm staff cannot guarantee an allergen-free environment and may not be trained medical professionals.

I will immediately notify Farm staff of an injury, allergic reaction, unsafe condition, lost child or other emergency.

If emergency assistance is reasonably required, I authorize Farm personnel to contact emergency services. I understand that I remain responsible for any resulting ambulance, medical or related expenses.

5. Farm rules

I agree that I, and every child or dependent under my supervision, will:

• Follow all instructions given by Farm staff and comply with posted signs.
• Wear shoes at all times. Closed-toe, sturdy footwear is strongly recommended. Bare feet, flip-flops and high heels are not suitable for field conditions.
• Remain within public parking areas, marked paths, designated U-Pick areas and other areas identified by Farm staff.
• Stay out of barns, greenhouses, work areas, storage areas, bodies of water and areas marked “Staff Only,” “Private” or otherwise restricted.
• Cut only flowers identified as available for picking and respect all stem limits and harvesting instructions.
• Use only tools authorized or supplied by the Farm and use them only as instructed.
• Walk, rather than run, through the fields and use care around other visitors.
• Not touch, climb on or operate tractors, vehicles, machinery, trailers, structures, fences, irrigation equipment or other farm equipment.
• Not eat or taste flowers, seeds, berries, leaves or other plant material unless the Farm expressly identifies an item as edible.
• Not smoke, vape or use cannabis anywhere on the Farm.
• Not bring alcohol onto the Farm  
• Not bring pets or other animals onto the Farm. This restriction does not apply to service animals as permitted by applicable law; visitors bringing a service animal should contact the Farm in advance so that safe access can be arranged.
• Properly dispose of waste and leave plants, wildlife, nests and farm property undisturbed except for authorized flower cutting.
• Leave the property promptly if instructed because of weather, unsafe conditions, disruptive conduct or failure to follow Farm rules.

The Farm may refuse entry or require any visitor to leave without refund where reasonably necessary to protect people, plants, animals or property.

6. Children and dependants

A parent or legal guardian must complete the required waiver and consent form for every guest under the age of 18 before the visit.

**Guests under 16 must be accompanied and supervised by a responsible adult at all times.**

For everyone’s safety, each adult may supervise a maximum of two children under the age of 12. Children under 12 must remain close to their supervising adult, who must be able to intervene immediately.

Guests aged 16 or 17 may attend the U-Pick without an accompanying adult, provided their parent or legal guardian has completed the required waiver and consent form before the visit. The parent or legal guardian must remain reachable by telephone throughout the minor’s visit.

Josephine Flower Farm reserves the right to contact the parent or legal guardian and require that a minor be collected if the minor does not follow Farm rules or staff instructions, if unsafe conditions arise, or if the Farm determines that continued participation is not appropriate.

7. Release and limitation of liability

To the fullest extent permitted by Ontario law, I release and discharge the Farm from claims arising from my participation in Farm activities, including claims arising from inherent risks of agritourism, ordinary hazards of a working farm, or my own conduct.

This release is intended to include claims alleging negligence or breach of the duty of care imposed by Ontario’s Occupiers’ Liability Act, except to the extent that liability cannot lawfully be excluded or limited.

Nothing in this agreement is intended to release the Farm from liability that cannot legally be waived, including liability arising from gross negligence, wilful misconduct, intentional harm or a known dangerous condition that the Farm was legally required to disclose.

I understand that the Farm does not guarantee the security of vehicles or personal belongings and is not responsible for loss, theft or damage except to the extent caused by liability that cannot lawfully be excluded.

8. Responsibility for damage

I accept responsibility for damage that I or a person under my supervision intentionally causes, or causes through a serious failure to follow Farm instructions, to Farm property, crops, tools, equipment or facilities.

9. Severability and governing law

If any part of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

This agreement is governed by the laws of Ontario and the applicable laws of Canada.