2022 Liability Waiver
RELEASE, WAIVER, & INDEMNITY AGREEMENT
The undersigned (hereinafter referred to as Visitor), being of legal age or signing in conjunction with a parent or legal guardian if not of legal age, desires to enter upon the premises known as “Hidden Creek Farm”, and/or to use or come into contact with livestock, machinery, and/or facilities either owned or controlled by Hidden Creek Farm LLC, (hereinafter Hidden Creek Farm), and/or to receive rentals, tours, training or instruction from the agents or employees of Hidden Creek Farm, and being fully aware of the risk of injury and dangers inherent in entering upon said premises and/or engaging in rental or Agri-Tourism activities, hereby elects voluntarily to enter upon said premises and/or to participate in said activities, and does hereby willingly enter into this Release, Waiver & Indemnity Agreement.
THEREFORE, IN CONSIDERATION OF BEING PERMITTED TO ENTER UPON THE PREMISES KNOWN AS HIDDEN CREEK FARM AND/OR TO USE OR COME INTO CONTACT WITH LIVESTOCK, MACHINERY AND FACILITIES OWNED OR CONTROLLED BY HIDDEN CREEK FARM AND/OR TO RENT, TOUR, RECEIVE TRAINING OR INSTRUCTION FROM THE AGENTS OR EMPLOYEES OF HIDDEN CREEK FARM, VISITOR KNOWINGLY AND EXPRESSLY WAIVES VISITOR'S RIGHTS TO SUE HIDDEN CREEK FARM LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, HEIRS, AND ASSIGNS, FOR ANY INJURY, DEATH, LOSS, OR DAMAGE CAUSED TO VISITOR OR TO VISITOR'S PROPERTY, AND VISITOR AGREES TO ASSUME ALL RISKS INHERENT IN VISITING OR OTHERWISE COMING IN CONTACT WITH LIVESTOCK, MACHINERY, AND FACILITIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF INJURY, DEATH, LOSS, OR DAMAGE TO VISITOR OR TO VISITOR'S PROPERTY. VISITOR ACKNOWLEDGES THAT VISITOR HAS BEEN GIVEN NOTICE OF THE RISKS INHERENT IN AND INTRINSIC DANGERS OF AGRI-TOURISM & FARM RENTAL ACTIVITIES, INCLUDING (i) THE PROPENSITY OF AN LIVESTOCK AND MACHINERY TO BEHAVE IN DANGEROUS WAYS WHICH MAY RESULT IN INJURY, HARM, OR DEATH TO PERSONS ON OR AROUND THEM; (ii) THE UNPREDICTABILITY OF LIVESTOCK & MACHINERY REACTIONS TO SUCH THINGS AS SOUNDS, SUDDEN MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS; (iii) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS; (iv) COLLISIONS WITH OTHER ANIMALS OR OBJECTS; AND (v) THE POTENTIAL OF A PARTICIPANT ACTING IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS FAILING TO MAINTAIN CONTROL OVER LIVESTOCK & MACHINERY OR NOT ACTING WITHIN THE PARTICIPANT VISITOR’S ABILITY, AND VISITOR EXPRESSLY AGREES TO ASSUME ALL SUCH RISKS AND WAIVES ALL RIGHTS TO SUE FOR INJURIES CAUSED BY SUCH RISKS. THIS WAIVER AND EXPRESS ASSUMPTION OF RISKS SHALL SPECIFICALLY APPLY TO VISITOR AND TO ANY AND ALL MINOR CHILDREN AND/OR WARDS OF VISITOR, IN ACCORDANCE WITH THE TERMS OF VA. CODE ANN. §3.1- 796.132B AND SHALL BE CONSTRUED TO COMPLY WITH ALL EXCULPATORY TERMS OF THE VIRGINIA LIABILITY ACTS. IF VISITOR IS A MINOR OR OTHERWISE UNDER A LEGAL DISABILITY, THIS AGREEMENT SHALL BE SIGNED BY VISITOR'S PARENT OR LEGAL GUARDIAN. BY SIGNING, THE PARENT OR LEGAL GUARDIAN AGREES (i) TO WAIVE THE PARENT'S, GUARDIAN'S, AND VISITOR'S RIGHTS TO SUE THE PARTIES NAMED IN THE IMMEDIATELY PRECEDING PARAGRAPH; (ii) TO ASSUME, ON BEHALF OF THE PARENT, GUARDIAN, AND VISITOR, THE RISKS SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, IN ADDITION TO ALL OTHER RISKS OF PARTICIPATING IN AGRI-TOURISM OR RENTAL, OR OTHERWISE COMING INTO CONTACT WITH LIVESTOCK & MACHINERY OR FACILITIES; AND (iii) TO INDEMNIFY AND HOLD HARMLESS HIDDEN CREEK FARM LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, HEIRS, AND ASSIGNS FROM ANY LOSS, CLAIM, SUIT, OR JUDGMENT RESULTING FROM ANY INJURY, DEATH, LOSS OR DAMAGE SUSTAINED OR CLAIMED BY VISITOR (OR VISITOR'S PERSONAL REPRESENTATIVE), AND FURTHER TO INDEMNIFY HIDDEN CREEK FARM LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, HEIRS, AND ASSIGNS FROM ANY AND ALL COSTS OF DEFENDING SUCH CLAIMS, INCLUDING ATTORNEYS' FEES.
This Release, Waiver and Indemnity Agreement shall be governed and construed by the laws of the Commonwealth of Virginia, regardless of where any injury or loss shall occur. In the event that any portion of this Release, Waiver and Indemnity Agreement shall be declared unenforceable, such declaration shall not affect the remaining terms of this document, which shall survive intact.
Visitor has been advised to wear appropriate hard-soled, heeled footwear at all times while around Livestock and machinery, or otherwise coming in contact with Livestock & Machinery, and expressly assumes the risk of injury resulting from failure to do so and/or from selecting footwear which does not adequately protect against injury.