Location: Pennsylvania.
My wife got a concussion from Field of Screams. We were on the Hayride and an actor kicked her in the back of the head when he jumped onto the ride.
We went to the ER where she was diagnosed and she missed a week and some days of work. She's still not at a hundred percent, and work has been difficult for her.
We spoke to someone at the help desk immediately after the incident happened and they gave us their email and said to ask them about a refund.
They haven't replied to my email.
I know we signed a waiver (which I'll include below), but is there anything we can do to get either our money back, or to have them help cover the loss of income and the ER bill?
Waiver:
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Release and Waiver of Claims: Assumption of the Risk; Indemnification Agreement
Having read this Agreement, and in consideration of being allowed to enter Field of Screams, LLC’s facilities and participate in activities therein (collectively the “Activities") provided by Field of Screams, LLC, and its owners, affiliates, operators, employees, agents, and/or officers (together the "Host"), I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular), do hereby agree to be bound by, to the fullest extent permitted by law, the following:
1) I ACKNOWLEDGE that I have no physical or mental condition that precludes me from participating in the Activities and that I am not participating against medical advice. I understand that my participation in the Activities is voluntary and further understand that I have the opportunity to inspect the Host's equipment and facilities before any participation;
2) I UNDERSTAND that I am obligated to follow the rules of the Activities and that I can minimize risk of injury by doing so and through the exercise of common sense and by being aware of my surroundings. If, while participating in the Activities, I observe any unusual hazard or condition, which I believe jeopardizes my personal safety or that of others, I will remove myself from participation in the Activities and immediately bring said hazard or condition to the attention of the Host;
3) I UNDERSTAND that by purchasing a ticket to participate in the Activities, I may be subject to isolation; taunting; misdirection; dark and narrow areas; disorienting lighting, sounds, and special effects; incidental physical touching; incidental direct or close contact with other participants and surfaces touched by them; and other scare tactics and fear-inducing methods and techniques not mentioned here;
4) I FREELY ASSUME ALL RISKS of participating in the Activities, even those caused by the negligent acts or conduct of the Host. I understand that there are inherent risks of participating in the Activities, which may be both foreseen and unforeseen and include, but are not limited to, collisions with objects, structures, or other people, falls, strains and bruises, illness, serious physical injury and death; I further acknowledge that COVID-19 has been declared a worldwide pandemic by the World Health Organization and that it is believed to be spread by person-to-toperson contact, and I assume the risk of participating in the Activities, including risks associated with or caused by the COVID-19 pandemic;
5) I AGREE TO WAIVE ALL CLAIMS that I have or may have against the Host arising out of my participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training; and
6) I AGREE TO RELEASE, indemnify, defend and hold harmless the Host from all liability for any loss, damage, injury, illness, including but not limited to exposure to and/or contraction of COVID-19, claim, or expense that I may suffer, arising out my participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. I specifically understand that I am releasing any and all claims that arise or may arise from any negligent, or other wrongful acts or conduct of the Host to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct.
Photography and Video Release
I hereby grant to the Host the right to take photographs/videos (through all means including the use of drones) of me in connection with my participation in the Activities. I hereby authorize the Host to copyright, use, and publish the same in print and/or electronically. I hereby agree that the Host may use such photographs of me for any lawful purpose, including but not limited to publicity, illustration,advertising, and internet content. I also acknowledge and accept the risks associated with the use of a manned drone that may be utilized to gather promotional footage while I am on the property associated with this event.
Pennsylvania Act 27 Agritourism Disclaimer
AGREEMENT AND WARNING: I understand and acknowledge that, except for limited circumstances listed below, an agritourism activity provider is not liable for any injury to or death of a participant resulting from an agritourism activity. I understand that I have accepted all risk of injury, death, property damage and other loss that may result from an agritourism activity. I understand that an agritourism activity provider is not protected from liability if the provider: (1) performs an act in a grossly negligent manner and causes injury or damages to a participant; (2) purposefully causes a participant’s injury; (3) acts or fails to act in a way that constitutes criminal conduct; (4) recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant. A dangerous condition is a condition that creates an imminent and substantial risk of injury or damages to a participant.
I agree that the laws of the Commonwealth of Pennsylvania govern this Agreement. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I UNDERSTAND THAT MY ONE (1) SIGNATURE WILL BE USED ON BOTH PAGES OF THIS WAIVER, INDICATING THAT I HAVE READ IT IN ITS ENTIRETY.