Tickets are non-refundable, unless you have opted in on buying the Purchase Protection Policy.
The event is rain or shine. Please see our weather policy and procedures on our website at https://www.redriverfarmstn.com/weather-safety-plan-for-events
Hold Harmless Agreement and Terms & Conditions:
The ticket holder/signing party to this ticket desires to use Red River Farms/Red River Farms, LLC/Tyler & Margo Sneed’s property located at 5350 Draper Road, Springfield, Tennessee 37172 (the “Property”) for the Sunflower Festival 2023 during the designated event date on the ticket during the month of July 2023.
WHEREAS, in exchange for making the Property available to the ticket holder/signing party for such purposes, the ticket holder/signing party desires to hold harmless Red River Farms/Red River Farms, LLC/Tyler & Margo Sneed from any claims and/or litigation arising out of the ticket holder/signing party’s use of the Property.
Now therefore, in consideration of the mutual covenants and conditions contained herein, Red River Farms/Red River Farms, LLC/Tyler & Margo Sneed and the ticket holder/signing party hereby agree as follows:
TERMS
1. Hold Harmless. The ticket holder/signing party shall fully defend, indemnify, and hold harmless Red River Farms/Red River Farms, LLC/Tyler & Margo Sneed from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the ticket holder/signing party, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to Red River Farms/Red River Farms, LLC/Tyler & Margo Sneed for all legal fees, expenses, and costs incurred by it.
2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind
each respective Party.
3. Amendment. Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
5. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover
reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Tennessee law. In the
event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Tennessee law.
8. Applicable Law. This Agreement shall be governed exclusively by the laws of Tennessee, without regard to conflict of law provisions.
9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating
to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Tennessee. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
10. Signatures. This Agreement shall be on behalf of Red River Farms/Red River Farms, LLC/Tyler & Margo Sneed by Tyler Sneed and Margo Sneed, Owners, and on behalf of the ticket holder/signing party and will be effective beginning the date of ticket purchase.
**Disclaimer:
WARNING: Under Tennessee law, there is no liability for an injury to or death of a participant, or damage to the property of a participant, in an agritourism activity conducted at this agritourism location or by this agritourism professional if such injury, death, or property damage results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury and damage inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death or to the damaging of your own property. You are assuming the risk of participating in this agritourism activity.
**Disclaimer:
Helicopter rides will be provided by Aeroluxe Aviation, LLC. They are responsible for collecting their ride fees and will ask participants desiring helicopter rides to sign a liability agreement with them prior to the ride.
By signing, the ticket holder further agrees to allow for their picture to be taken and used on promotional material, websites, social media, and flyers for Red River Farms/Red River Farms, LLC.