Terms and Conditions of Upon Agreement of Services: The Terms and Conditions apply to all trusted services of S & S Farm, LLC to include AirBnB, Events, Farm Sitting, and Equine Services.
As an agreed participant/client you are the ‘Releasor’, and S & S Farm, LLC are the ‘Releasee’
Waiver of Liability
- Releasor and anyone claiming on Releasor’s behalf releases and forever discharges Releasee and its affiliates, successors, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which Releasor has or ever had or may in the future have against Releasee or any of the Released Parties arising out of or relating to: For the planned service upon agreement to include all vendors, guests, and/or participants, for any and all at the time of written agreement.
- In exchange for the release of Claims, Releasee will provide Releasor the agreed service(s) discussed in written agreement. In consideration of such payment/written agreement, Releasor agrees to accept the payment/services rendered as full and complete settlement and satisfaction of any present and prospective claims.
- This Release shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to Releasor or any other person, that it admits liability or responsibility at any time for any purpose, or that Releasor has any rights whatsoever against the Releasee. This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors, and assigns. Releasor has the authority to release the Claims and has not assigned or transferred any Claims to any other party. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended, or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
- Both parties represent they fully understand their right to review all aspects of this Release with attorneys of their choice, that they have had the opportunity to consult with attorneys of their choice, that they have carefully read and fully understand all the provisions of this Release and that they are freely, knowingly, and voluntarily entering into this Release.
Thank you for choosing S & S Farm, LLC. By ordering the S & S Farm, LLC Service you (“Client”) are entering into a binding agreement with S & Farm, LLC. Your agreement with S & S Farm, LLC includes these Terms and Conditions (“Terms”) and Privacy Policy (“Privacy Policy”) (collectively these are referred to as “Agreement”). You have read and understood the Agreement, accept this Agreement and agree to be bound by it.
DEFINITIONS. The following words, terms and phrases, where written with an initial capital letter shall have the meanings assigned to them below:
“Services” means the services to be provided by S & S Farm, LLC as described below.
SERVICES.
S & S Farm, LLC services and/or deliverables provided to Client are detailed in the order form or services agreement. Each and any service provided specific to the invoice/agreement apply.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
If, at any time prior to the date thirty (30) days after your order date, Client may give S & S Farm, LLC notice of Client’s dissatisfaction with the services provided under this Agreement (i) Client may terminate this Agreement on one (1) days notice to S & S Farm, LLC, and (ii) within thirty (30) days after the effective date of termination S & S Farm, LLC shall refund the amount Client paid for the services under this Agreement. Client’s termination notice must be in writing and mailed, faxed or emailed to S & S Farm, LLC.
EXCEPT AS EXPRESSLY PROVIDED SERVICE INVOICE AGREEMENT, ALL SERVICES ARE PROVIDED “AS IS”, AND S & S FARM, LLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES AND SERVICE DEVELOPMENTS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT SHALL S & S FARM, LLC HAVE LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES OR SERVICE DEVELOPMENTS PROVIDED UNDER THIS AGREEMENT, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IN NO EVENT SHALL S & S FARM, LLC LIABILITY (A) WITH RESPECT TO ANY SERVICE, EXCEED THE AMOUNT REMITTED TO S & S FARM, LLC IN THE MONTH IN WHICH THE RELATED CLAIM IS MADE, AND (B) OF ANY KIND WITH RESPECT TO THIS AGREEMENT EXCEED, IN THE AGGREGATE, THE AMOUNT REMITTED TO S & S FARM, LLC IN THE MONTH IN WHICH THE RELATED CLAIM IS MADE.
S & S Farm, LLC SHALL not be liable for any loss or damage caused by delay in furnishing Services under this agreement, or any other performance under or pursuant to this agreement.
PRICE AND PAYMENT.
Upon accepting this agreement Client shall immediately pay any applicable one-time setup quoted by S & S Farm, LLC or specified in the S & S Farm, LLC order form or services agreement Client used to purchase S & S Farm, LLC Service.
Client shall pay the full price and follow the terms, quoted by S & S Farm, LLC or specified in the S & S Farm, LLC order form or services agreement Client used to purchase S & S Farm, LLC Service, and agrees to pay this amount as set forth in the S & S Farm, LLC order form or services agreement while the performance of this Agreement is in effect. If approved in writing by S & S Farm, LLC, Client may change the plan/quantity/amount of their Service to another S & S Farm, LLC product or service.
Client is responsible for all taxes assessed against S & S Farm, LLC provision of Services, if any, excluding taxes based on S & S Farm, LLC income. Client shall pay S & S Farm, LLC for such taxes unless Client provides S & S Farm, LLC with an exemption certificate acceptable to S & S Farm, LLC.
Overdue payments shall bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate allowed under applicable law. In addition, if any of Client’s payment obligations are more than thirty (30) days overdue, S & S Farm, LLC may cease performance of its obligations hereunder until Client remits such payment in full. The foregoing shall be in addition to any other remedies available to S & S Farm, LLC.
S & S Farm, LLC may increase prices with a minimum of thirty (30) days prior notification to Client. The price increase shall take effect on the next billing cycle. Fees for renewal terms shall not include one-time fees.
TERM AND TERMINATION.
This Agreement is entered into between the parties, which shall be incorporated as integral parts of this Agreement, (i) constitutes the entire agreement between the parties with respect to the subject matter hereof, (ii) supersedes any and all other agreements between the parties related thereto, as well as all proposals, oral or written, and all negotiations, conversations or discussions between the parties related to this Agreement and (iii) may be executed in two or more counterparts, each of which shall be deemed an original hereof. Except as expressly provided in this Agreement entered into between the parties no product or service specifications, or terms and conditions that are additional or contrary to the terms of this Agreement, whether contained in any purchase order, sales order or other communication from Client or any third party, shall be construed as, or constitute a waiver of these terms and conditions, or acceptance of any such additional terms, conditions or specifications. S & S Farm, LLC hereby rejects and objects to such additional or contrary terms, conditions, or specifications.
No failure by either party to take any action or assert any right hereunder shall be deemed to be a waiver of such right.
If any of the terms of this Agreement are in conflict with any rule of law or statutory provision or otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from this Agreement, but such invalidity or unenforceability shall not invalidate any of the other terms of this Agreement and this Agreement shall continue in force, unless the invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from, the remainder of this Agreement.
This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of Pennsylvania, excluding its conflicts of law provisions.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Mercer County Pennsylvania administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Client shall obtain all necessary copyright permissions and privacy releases for materials included in the content that is given to the Client by S & S Farm, LLC or one of its subcontractors. Client shall indemnify S & S Farm, LLC against all claims and expenses, including reasonable attorney fees, due to Client’s failure to obtain such permissions or releases. Client gives full permission to use all content provided to S & S Farm, LLC under the terms of this agreement, including photos, videos, and all other content provided to S & S Farm, LLC.
S & S Farm, LLC reserves the right to change these Terms at any time, effective immediately upon posting it on the S & S Farm, LLC website.
This version was last updated on February 15 2024.
