Participant Agreement & Liability Waiver

READ CAREFULLY—THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

Effective date: July 3 2025

§ 0. About This Agreement

This Agreement governs your onsite participation in the U-Pick Lavender Experience (the “Activity”) and related farm services. Use of our website or online store is governed separately by our Website Terms of Use located at https://plainlyelegantlavender.com/policies/terms-of-service.

Plainly Elegant Lavender’s website (www.plainlyelegantlavender.com), online ticketing pages, mobile point‑of‑sale applications, social‑media channels, on‑site signage, and related agritourism offerings (collectively, the “Services”) are owned and operated by La Lavender Family Farm, LLC, doing business as Plainly Elegant Lavender (individually and collectively referred to herein as “Plainly Elegant Lavender,” "we," "our," or "us").

Please read this Participant Agreement & Liability Waiver (the “Agreement”) carefully. They govern both your use of the Services and your participation in the U‑Pick Lavender Experience (the “Activity”). If you do not agree to be bound by this Agreement, do not access the Services or participate in the Activity.

§ 1. Acceptance of Agreement

By purchasing a ticket, accessing the Services, entering our farm premises, or participating in the Activity, you (the “Participant”) acknowledge that you have read, understand, and agree to be legally bound by this Agreement.

If you purchase tickets or sign on behalf of a minor (0–17): (a) you confirm you are the minor’s parent or legal guardian; (b) you understand Michigan law may limit the enforceability of this waiver as to the minor’s own claims; (c) you nevertheless ASSUME ALL INHERENT RISKS for the minor and agree to supervise them; and (d) you consent to the emergency-medical provisions in § 15

§ 2. Reservation & Check‑In

Timed Entry. Entry is valid only for the date and 45‑ to 60‑minute time slot selected at checkout. Late arrivals may have session time shortened or rescheduled subject to capacity.

Ticket Types. 

• Adults (18 +): Standard admission.

• Youth (6–17): Discounted admission; must remain within line-of-sight of a ticket-holding Adult (18 +), who accepts full responsibility for their supervision.

• Children (0–5): Free when listed on the supervising Adult’s reservation and kept within arm’s reach of that Adult at all times.

Every person, regardless of age, must appear on the electronic check‑in roster generated from advance ticket sales. All minors are covered by the parental acknowledgments and assumption-of-risk provisions in § 1 and § 7 of this Agreement. 

A valid ticket reserves your spot for the specific date and time slot selected at purchase, provided you arrive within a 15‑minute grace period. At entry, staff will match the digital or printed confirmation against the roster. Guests who (i) are not on the roster, (ii) cannot present proof of purchase, or (iii) arrive outside their time slot may be asked to wait for the next available session or denied entry without refund. Minors may not be dropped off, left unattended, or remain on the property without a responsible adult present. Staff may request government-issued or school ID to confirm a guest’s age; guests unable to confirm age may be charged the higher ticket tier.

General admission tickets are only valid for the date on the tickets. Please double check you have entered the correct information before submitting your order. No one can enter the farm without a valid admission ticket paid in full.

Capacity. The 2025 designated harvestable section contains approximately 200 lavender plants; however, plant counts, bloom timing, and overall floral quality are subject to weather, pests, and other natural conditions beyond our control. We cap admissions to protect the field and guest experience, but we make no guarantee that a specific number of blooming plants will be available on the day of your visit.

§ 3. Included with Admission

Each paid ticket grants you (i) entry to the designated U-Pick rows during your reserved time slot, (ii) complimentary use of farm-supplied cutting tools, and (iii) one standard lavender bundle (≈ 80 stems). All other goods or services, including extra bundles, are optional, subject to availability, and priced separately. Bloom quality, row access, and stem counts vary with natural conditions; no specific quantity is guaranteed.

§ 4. Participant Fitness & Accurate Information

Health Representation. By purchasing a ticket or entering the property, each guest affirms that they are physically able to participate and have no medical, mobility, or allergy condition that would make their visit unsafe.

Duty to Disclose & Prepare. Guests with known concerns, e.g., severe bee or pollen allergies, pregnancy, heart issues, lavender allergy must bring required medication/equipment and notify staff at check-in.

False Statements. Providing inaccurate information (age, health status, ticket type, etc.) voids the ticket and any associated waiver protections.

§ 5. Assumption of Risks

Visiting an active farm involves inherent hazards, including but not limited to

• walking on uneven grass or dirt surfaces;

• cutting stems with sharp tools;

• contact with bees, insects, birds, wildlife, or domestic animals;

• exposure to extreme heat, cold, wind, or storms;

• slips, trips, or falls in parking or gravel areas;

• use or misuse of provided or personal equipment;

• actions or omissions of other visitors, neighbors or staff; and

• potential exposure to contagious illnesses (e.g., COVID-19, influenza, MRSA).

Plant counts, bloom density, stem length, and color vary with natural conditions; no specific quantity or appearance is guaranteed.

By entering the Farm, you voluntarily assume all risks, known or unknown, of injury, illness, death, or property damage arising from or related to these conditions and release the Released Parties from liability for such risks, except where caused by their gross negligence or willful misconduct. This clause survives the expiration of your ticket and this Agreement.

§ 6. Release, Waiver & Indemnification

Released Parties. La Lavender Family Farm LLC d/b/a Plainly Elegant Lavender and its owners, officers, employees, volunteers, contractors, and insurers.

Comprehensive Release. To the fullest extent allowed by Michigan law, guests waive, release, and forever discharge the Released Parties from any claim, damage, cost, or expense—including those arising from ordinary negligence—related to injury, illness, property loss, or death incurred on-site.

Indemnity. Guests (or, for minors, the Responsible Party) agree to defend, indemnify, and hold harmless the Released Parties from any claim arising out of the guest’s presence or conduct.

Scope. This waiver applies regardless of whether harm is caused by the guest, other visitors, site conditions, equipment, or animals.

§ 7. Minors & Responsible-Party Supervision

Ticketing. Every minor (0-17) must appear on a supervising adult’s reservation or be added at check-in. 

Continuous Supervision. Minors must remain within line-of-sight and control of a ticket-holding adult at all times.

Responsible Party. The adult who brings a minor onto the property accepts all agreements on the minor’s behalf and is liable for any damage or injury caused by that minor.

No Drop-Offs. Leaving minors unattended is prohibited and grounds for immediate removal without refund.

§ 8. Animals—Wild, Domestic & Service

Farm Wildlife & Bees. Bees, birds and other wildlife are present; guests must avoid intentionally disturbing them.

Pets. Personal pets are not permitted in U-Pick areas.

Service Animals. ADA-defined service dogs are welcome if leashed, under control, and kept out of planting beds; handlers are liable for any damage.

Animal Risks. Guests understand animals may bite, kick, or behave unpredictably and accept those risks under § 5.

§ 9. Smoke-Free & Vape-Free Property

Absolute Ban. Smoking, vaping, or aerosolizing any substance—including tobacco, nicotine, cannabis, hemp, or synthetic alternatives—is prohibited everywhere on the premises, indoors and outdoors, including parking lots and vehicles while parked.

No “Designated Areas.” The Farm is 100 % smoke-free; no smoking shelters or carve-outs exist.

Fire-Safety Rationale. Open embers, sparks, and heated coils present a serious fire hazard to dry lavender, mulch, and surrounding vegetation; violators endanger crops, structures, and guest safety.

Enforcement. Staff may (i) confiscate smoking or vaping devices for the duration of the visit, (ii) require the guest to leave the property immediately without refund or credit, and (iii) if necessary, contact local authorities for trespass or fire-code violations.

Agreement to Comply. By purchasing a ticket or entering the property, guests acknowledge and agree to abide by this smoke-free policy; any breach constitutes a material violation of this Participant Agreement & Liability Waiver.

§ 10. Zero-Tolerance Conduct Policy

10.1a - Alcohol & Controlled Substances - Possession, consumption, or visible impairment from alcohol, cannabis, illegal drugs, or any intoxicant is strictly prohibited anywhere on the property. Prescription medications that impair judgment or motor skills must be used only as directed and may not be shared.

10.1b. Disruptive or Unsafe Behavior - Prohibited conduct includes verbal abuse, harassment, fighting, vandalism, entering restricted areas, ignoring crop-protection barriers, or any act that endangers guests, staff, animals, or plants.

10.1c. Obligation to Comply with Staff Instructions - Guests must immediately follow all posted rules and any verbal directions issued by Farm staff. Failure or refusal to comply constitutes a material breach of this Participant Agreement & Liability Waiver.

10.2 - Enforcement & Remedies - Immediate Removal. Violators may be denied entry or escorted off the premises without refund, credit, or compensation. Forfeiture of Privileges. Ejected guests forfeit any remaining ticket benefits (e.g., unused bundles, scheduled photo sessions). Liability for Damages. Guests agree to indemnify and reimburse the Farm for any property damage, crop loss, or costs (including staff time and legal fees) resulting from their misconduct. Referral to Authorities. The Farm reserves the right to notify law enforcement and pursue civil or criminal remedies where warranted.

Acknowledgement - By purchasing a ticket or entering the property, guests affirm that they have read, understand, and agree to abide by this Zero-Tolerance Conduct Policy.

§ 11. Photography, Recording & Media

Personal photography is encouraged. Drones, GoPros on poles, or other aerial devices are prohibited unless you obtain a written permit and provide proof of liability insurance; operators assume all damage liability. Commercial or styled shoots likewise require advance written permission and a separate fee. 

By entering the property, you grant Plainly Elegant Lavender the right to use any photographs, video, or audio taken during the Activity for promotional purposes without compensation.

§ 12. Weather, Refunds & Rescheduling

The Activity operates rain or shine. Tickets are non‑refundable but transferable. In the event of severe weather (lightning, high winds) or other safety concerns, the farm may cancel or suspend sessions and will offer either (i) rescheduling within the current bloom season or (ii) store credit equal to the ticket face value. No cash refunds will be issued.

TICKET CHANGE POLICY:

You may request to change the date of your ticket, pending availability of a new date. Requests must be submitted in writing to plainlyelegantlavender@gmail.com. Same day change requests will not be honored, 24-hours notice is required. There is no guarantee of availability for changes as you are only guaranteed the date you reserved at time of purchase. 

REFUND POLICY:

All sales final. Should the Farm be forced to close, FOR ANY REASON, then a ticket voucher credit will be issued to the purchaser which may be used towards a future visit(s) during the current season. A cash refund will be provided on premise if a credit is impracticable.

§ 13. Health, Allergy & Pregnancy Notice

Lavender attracts bees and other pollinators; Participants with bee or pollen allergies should bring necessary medications (e.g., EpiPen®). Essential‑oil exposure may irritate sensitive skin or respiratory conditions. 

Expectant mothers and individuals with heart, respiratory, or mobility limitations should consult a physician before participating. 

§ 14. Waiver of Liability & Assumption of Risk

WARNING: Agricultural environments contain inherent risks, including but not limited to uneven ground, insects, pollen, weather conditions, sharp tools, agricultural equipment, and communicable diseases. You voluntarily assume all risks, both known and unknown, associated with participating in the Activity. To the fullest extent permitted by Michigan law, you release and agree to indemnify and hold harmless La Lavender Family Farm, LLC d/b/a Plainly Elegant Lavender, its owners, agents, employees, and volunteers (collectively, the “Released Parties”) from any and all claims for personal injury, illness, property damage, or wrongful death arising out of or relating in any way to the Activity, except claims resulting from the Released Parties’ gross negligence or willful/wanton misconduct, which cannot be waived under Michigan law. This waiver is intended to be broad and inclusive and to survive expiration of the Activity and Participant’s presence on the property.

§ 15. Emergency First Aid & Medical Authorization

Consent to Treat. If, in the judgment of Farm staff, a guest requires first aid or emergency medical care, the guest (or Responsible Party for a minor) authorizes the Farm to administer basic first aid and to summon professional medical services.

Cost Responsibility. Guests acknowledge they are solely responsible for all costs of transport and treatment, even if a Farm representative signs hospital intake paperwork.

No Duty Assumed. This authorization does not create a duty for the Farm to provide medical care beyond good-faith first aid; the Farm is not a health-care provider.

Release. Guests waive and release all claims against the Farm and its staff arising from good-faith efforts to obtain or render emergency care, except for gross negligence or willful misconduct.

§ 16. Personal Property & Vehicles

Guests are solely responsible for all personal belongings, including, without limitation, phones, cameras, wallets, jewelry, clothing, and gear, whether carried on their person or left in vehicles or common areas. The Farm does not create a bailment by accepting, holding, or assisting with any item, even temporarily; such items remain at the owner’s risk.

Parking areas are unpaved and may contain uneven surfaces, loose gravel, mud, standing water, moving vehicles, or farm equipment. You assume all risks associated with driving, parking, or walking in these areas, and must operate vehicles with extreme caution.

To the fullest extent permitted by Michigan law, the Released Parties (as defined in § 6) are not liable for loss, theft, or damage to any personal property or vehicle, or for personal injuries occurring in parking or access areas, except where caused by their gross negligence or willful misconduct.

§ 17. Indemnification & Hold-Harmless

To the fullest extent permitted by law, you, Individually and on behalf of your heirs, successors, assignees, executors, hereby voluntarily and
knowingly, agree to hold harmless, defend and indemnify the Released Parties (as defined in § 6) from any and all liabilities, claims, causes of action, damages, costs, fees, and injuries, including, but not limited to, disfigurement or death arising from or in connection with your participation in the Activity, known or unknown, for whatever reason. These outcomes or injuries may arise out of your own or other’s actions, inactions, negligence, or the conditions of the premises.

Nonetheless, you assume the risks of your participation in The Activity and all risks in connection with your participation in The Activity whether known or unknown to you, for whatever reason (including reasonable attorneys’ fees, investigation costs, and litigation or arbitration expenses) arising out of or related to:

(a) your presence on the property or participation in any Farm activity;

(b) the acts, omissions, or ordinary negligence of you or any minor or guest who enters under your reservation; or

(c) your breach of this Agreement or violation of any applicable law.

This obligation applies to claims brought by any third party, including other guests, medical providers, insurers exercising subrogation rights, or governmental agencies, and survives the expiration of your ticket and this Agreement. It is enforceable in any forum, whether court or arbitration.

Nothing herein requires indemnification for the Released Parties’ gross negligence or willful misconduct, where such a waiver is prohibited by Michigan law.

§ 18. Accessibility

The U-Pick rows sit on uneven grass and dirt surfaces, which can limit wheelchair or walker access. If you need a mobility accommodation, please email us at least 48 hours in advance so we can discuss reasonable ADA options (e.g., closer parking, alternate pick-up of pre-cut bundles).

§ 19. On-Site Food & Retail Products

Any food, beverage, essential-oil sample, or retail item offered on the premises is provided “AS IS,” without any warranty, express or implied, including implied warranties of merchantability or fitness for a particular purpose. Products are prepared or packaged in shared facilities; trace allergens such as nuts, dairy, gluten, or bee pollen may be present. 

All edible products are made in a home kitchen not inspected by the Michigan Department of Agriculture & Rural Development at 9734 W Waters Road, Ann Arbor MI 48103 and are sold under Michigan’s Cottage Food Law.

Essential oils are for external use only unless specifically labeled otherwise; they are not intended to diagnose, treat, cure, or prevent any disease and have not been evaluated by the U.S. Food & Drug Administration. Patch-test before full application.

Once you purchase or accept a product, you are solely responsible for its handling, storage, and use; the Farm is not liable for spoilage or misuse after it leaves our control. 

To the fullest extent permitted by Michigan law, the Released Parties are not liable for illness, injury, or damage arising from any product, except where caused by their gross negligence or willful misconduct.

§ 20. Agricultural-Chemical Drift Notice

U-Pick Rows Untreated. No pesticides, herbicides, or fertilizers are applied to the lavender rows open to guests.

Adjacent-Field Applications. An independent tenant farmer may treat neighboring acreage with conventional or organic pesticides, herbicides, or fertilizers on a schedule outside the Farm’s control.

Drift & Residual Exposure. Wind, runoff, or residual odors can reach public areas. Individuals who are pregnant, immunocompromised, or chemically sensitive should contact us before booking for any spray information we have received. The Farm makes no guarantee that public areas are free of agricultural residues.

Assumption of Risk & Release. By entering the property, you acknowledge and voluntarily assume all risks of exposure to agricultural chemicals used by third parties and release the Released Parties (as defined in § 6) from any liability arising therefrom, except where caused by their gross negligence or willful misconduct.

§ 21. Marketing-Communications Consent

By completing your purchase, you authorize La Lavender Family Farm LLC d/b/a Plainly Elegant Lavender to send you transactional e-mails and occasional promotional e-mails or SMS texts about this visit and future farm events. Message frequency may vary, and standard carrier rates apply. Consent is not a condition of purchase, and you can opt out at any time by clicking “Unsubscribe” in an e-mail or replying STOP to a text.

§ 22. Force Majeure

Scope of Events. “Force Majeure” means any circumstance beyond the Farm’s reasonable control—including, without limitation, lightning, high winds, drought, flood, fire, crop failure, disease or pest infestation, epidemics or pandemics, acts of war or terrorism, civil unrest, labor shortages or strikes, supply-chain breakdowns, utility or Internet outages, governmental orders, or changes in law or regulation.

Operational Changes. If a Force Majeure event makes it unsafe, illegal, or commercially impracticable to operate, the Farm may, at its sole discretion, delay start times, shorten session length, relocate activities, limit capacity, or cancel the Activity in whole or in part.

Exclusive Remedy. When a session is materially affected by Force Majeure, the Farm’s sole obligation is to offer either (a) a new reservation within the current bloom season (subject to availability) or (b) a non-expiring store credit equal to the face value of the original ticket. No cash refunds will be issued except where required by applicable law.

Limitation of Liability. The Farm and the Released Parties are not liable for any other losses or damages—including travel costs, lodging, lost wages, or incidental or consequential damages—arising from a Force Majeure event, except where such limitation is unenforceable under Michigan law.

§ 23. Dispute Resolution, Governing Law & Severability

Binding Arbitration — Individual Basis. Except for claims that qualify for small-claims court, any dispute, claim, or controversy arising out of or relating to this Agreement or your participation in any Farm activity shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Rules in Washtenaw County, Michigan. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this clause. Class, consolidated, or representative proceedings are prohibited; arbitration may proceed only on an individual basis. The arbitrator may award any relief that would be available in court, and any award may be entered as a judgment in a court of competent jurisdiction.

Governing Law & Residual Court Venue. This Agreement—and any dispute deemed non-arbitrable—are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any non-arbitrable claim shall be filed exclusively in the state courts of Washtenaw County, Michigan, and each party waives the right to a jury trial for such claims.

Survival & Severability. The arbitration, class-action waiver, and jury-trial waiver provisions survive termination of this Agreement. If any provision of this Agreement is held invalid or unenforceable by a court or arbitrator, the remaining provisions remain in full force, and the invalid term shall be interpreted to achieve its original intent to the maximum extent permitted by law.

§ 24. Entire Agreement & Acceptance

This Participant Agreement & Liability Waiver, together with any written ticketing confirmation, constitute the entire agreement between you and La Lavender Family Farm LLC d/b/a Plainly Elegant Lavender regarding the Activities and Services, and supersede all prior or contemporaneous understandings, whether oral or written. Headings are for convenience only and do not affect interpretation. No amendment or waiver is valid unless in a writing signed by the Farm.

BY PURCHASING A TICKET, CHECKING THE “I HAVE READ AND AGREE” BOX, OR ENTERING THE PROPERTY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE AGREEMENTS, TERMS & CONDITIONS, INCLUDING THE LIABILITY WAIVER. Electronic consent is legally binding and equivalent to a handwritten signature. By clicking Yes, you adopt an electronic signature under the U.S. ESIGN Act and affirm you have been given the opportunity to download and retain a copy of this Agreement.