Terms and Conditions for Entrance to Old Westbury Gardens

Acceptance of the following is necessary for entry to Old Westbury Gardens.

Waiver of Liability, Assumption of Risk, and Indemnity Agreement 

Waiver:  In consideration of permission to enter Old Westbury Gardens for myself and/or my child, I, for heirs, my personal representatives, assigns, or myself hereby release, waive, discharge, and covenant not to sue Old Westbury Gardens, its directors, officers, employees, and agents, from liability from all claims.  This waiver and release include the negligence of Old Westbury Gardens resulting in personal injury, accidents or illnesses (including death), and property loss arising from participation in activities, classes, observation, and use of facilities, and premises. I understand that my or my child’s participation in this activity is voluntary and not required. 

Assumption of Risks: Physical activity, outdoors or indoors, by its very nature, carries with it some inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Old Westbury Gardens may use facilities, venues, or outdoor spaces and make available activities such as walking over uneven ground, gardening, and participation in outdoor classes. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, sprains, 2) major injuries such as eye injury or loss of sight, joint or back injuries, broken bones, and 3) catastrophic injuries including paralysis and death.  I have read the previous paragraphs about the risks of participating in these activities.  I understand and appreciate these and other risks that are inherent in the activities made possible by Old Westbury Gardens. I confirm that my participation is voluntary and that I knowingly assume all such risks. 

Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Old Westbury Gardens and its officers and members HARMLESS from all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my involvement in activities of Old Westbury Gardens and to reimburse them for any such expenses incurred. 

Severability: I, individually and/or on behalf of my child, expressly agree by signing this form that this waiver and release agreement is intended to be as broad and inclusive as is permitted by the law. If any portion of this waiver and release is held invalid, I agree that the balance will continue in full legal force and effect. 

Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms.  I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.