RELEASE AND WAIVER OF LIABILITY AGREEMENT

RELEASE & WAIVER OF LIABILITY AGREEMENT & CANCELLATION POLICY

PLEASE READ CAREFULLY BEFORE PURCHASING TICKETS AS BY PURCHASING TICKETS YOU AGREE TO THE TERMS OF THIS RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (THIS "AGREEMENT"). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.

RELEASE & WAIVER OF LIABIILITY AGREEMENT: IN CONSIDERATION of being permitted to enter, remain and ride wagons at Winterhaven Festival of Lights and Winterhaven Rides, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the "Venue") and in addition to the corresponding entry ticket(s), each a revocable license that grants one-time entry into the Venue for the specified event (the "Event") and my agreement to be bound to the ticket terms, I, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder's or their behalf (collectively, "Related Persons"), hereby acknowledge and agree to the terms below. The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis, and any accompanying minors ("Holder"), agrees to be bound by the terms and conditions of this Agreement. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO THE ENTRY TICKET TERMS AND CONDITIONS.

Holder fully understands that:

By purchasing a ticket and/or riding the Winterhaven Rides, you agree to Ride AT YOUR OWN RISK and you assume all liabilities incidental to the events before, during and after the tour. Specifically, you hereby RELEASE/WAIVE the Winterhaven Rides and all affiliates of medical, emotional, legal, financial and personal injury/property loss/damage liabilities. 

By Purchasing a ticket and/or riding the Winterhaven Rides, you agree to our RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY a. As lawful consideration for ticketed admission on to the premise for this event, I, on behalf of myself and on behalf of my heirs, successors, personal representatives, and assigns hereby shall indemnify and hold harmless Winterhaven Rides, its officers, directors, employees and owners from and against any and all third-party costs, expenses (including reasonable outside counsel’s fees), liabilities, judgments, losses, damages, suits, actions, fines, penalties, claims and demands of any kind and asserted by or on behalf of any person, independent contractor or governmental authority arising out of the ticket holder’s participation, entrance, or presence on the premises or within the event. Winterhaven Rides shall not be liable to ticket holder on account of:

Any failure by Ticket Holder to perform any of the agreements, terms, or covenants or conditions of this Agreement,

Any failure by Ticket Holder to comply with the statutes, ordinances, regulations, or orders of any governmental authority unless caused by the failure of Winterhaven Rides to perform under this Agreement or

Any accident, death, or personal injury or property damage which shall occur on or as a result of the ticket holder’s participation, entrance, or presence at the event venue.

Guests and Ticket Holder waives all rights against Winterhaven Rides and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained pursuant to this agreement.

If any term or provision of the Agreement is found to be unenforceable or invalid such shall not affect the other terms and provisions which shall remain binding and enforceable.

Tickets are valid only for the date and time shown on the ticket. Purchaser acknowledges that they have individually selected their entry date and time. Winterhaven Rides is not responsible for errors in booking.

Winterhaven Rides and its agents reserve the right to refuse service or remove guests for disruptive or offensive behavior.

Winterhaven Rides does not accept liability for loss or damage suffered by the ticket user. For more information please review the Release of Liability and Indemnity.

Your ticket purchase and/or participation in any tour or event grants Winterhaven Rides, its licensing partners, officers, and employees permission to use your image, voice, and/or likeness as follows in its promotional materials: Winterhaven Rides shall have the right to photograph, publish, re-publish, adapt, exhibit, perform, reproduce, edit, modify, make derivative works, distribute, display or otherwise use or reuse the attendee’s image, voice, and/or likeness in connection with any product or service in all markets, media or technology now known or hereafter developed in Winterhaven Rides products or services. Winterhaven Rides may exercise any of these rights itself or through any successors, transferees, licensees, distributors or other parties, commercial or nonprofit.

CANCELLATION POLICY: By Purchasing a ticket and/or riding the Winterhaven Rides, you acknowledge that you have been informed and agree to our cancellation policy. No refunds given out for any reason without adequate cancellation notice. For parties of 9 people or less it is 10 days notice to cancel. For parties of 10 people or more it is 2 weeks notice for cancel. If you are a private wagon it is 3 weeks notice to cancel. If you are a same day reservation all sales final. Cancellations/refund requests to be emailed to winterhavenrides@gmail.com for review. Allow 2 weeks for us to get back to you. All cancellations with refund accrue a $10 service fee. No Rain Checks or refunds for rain. In the event of rain we can reschedule your ride if we have availability. We do cover all wagons in the event of rain and wagons will go. Dress for the weather! If you show up at our site without all your people, you are still responsible for full payment of these missing people so plan carefully. You may not sell your missing seats from our lot. If we see you do this you will forfeit your seats and payment for the ride in full. Cancellations due to illness apply to the same cancellation rules and refunds as stated above. 

COVID CONCERNS: Please be aware that by reserving/riding with us you acknowledge that you have been informed and agree to be seated next to other riders. If this makes you uncomfortable, we suggest you consider booking a private wagon. We ask all riders and staff to follow Arizona Guidelines with regards to facemasks. For cancellation of the entire event due to COVID restrictions, refund status would be determined based on the situation.