WAIVER AND RELEASE FROM LIABILITY, INDEMNIFICATION AND ASSUMPTION OF RISK FOR OWNER OF PROPERTY USED FOR EVENTS (“WAIVER AND RELEASE”)
WARNING: Under Virginia law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity. This provision can be found in Section 3.2- 6400 through 3.2-6402 Code of Virginia, 1950, as amended.
NOTICE: You are hereby on notice, pursuant to the Equine Activity Liability Act, Section 3.2-6200 through 3.2-6203 of the Code of Virginia, 1950, as amended, of the intrinsic dangers of equine activities which includes those dangers or conditions that are an integral part of equine activities, including: (i) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and 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 the equine or not acting within the participant's ability.
I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE and agree to indemnify and hold harmless, on behalf of myself and any minor child listed below, MURCIELAGO, LLC and its owners, agents, employees, officers, directors, affiliates, successors and assigns (collectively, its “Agents”), of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, legal or equitable, that I ever had, have or may have in the future, arising from or in any way related to my organization of, attendance at, providing services for or participation in any events or activities conducted by, on the premises of, or for the benefit of MURCIELAGO, LLC and/or THE TASTING ROOM AND TAP HOUSE AT MOUNT IDA RESERVE, and each of its Agents, provided that this waiver and release of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct by MURCIELAGO, LLC and/or THE TASTING ROOM AND TAP HOUSE AT MOUNT IDA RESERVE or its Agents.
I understand that any events or activities which I will organize, attend, provide services at or participate in, including, but not limited to, a running club or otherwise walking, hiking, running or performing or participating in any other recreational or athletic activity, either individually or with a group (the “Recreational Activity”), on or around property owned and/or operated by Murcielago, LLC (the “Property”) may result in serious injuries, including bodily injury, allergic reactions, damage to personal property and/or death. I am on notice of the intrinsic dangers of Recreational Activities. I understand that the land, trails and roads may pose dangerous conditions due to snakes, insects, ditches, erosions, sharp rocks, culverts, fallen trees, braches, snow, mud, or other natural and man-made hazards. Without limiting any other provision of this WAIVER AND RELEASE, on behalf of myself, my heirs, assigns and next of kin, I waive, release and forever discharge all claims for damages, injuries and death sustained to me or my property, that I may have against MURCIELAGO, LLC and its Agents arising from or in any way related to my attendance at or participation in such events or activities.
By this WAIVER AND RELEASE, I expressly assume any and all risk, take full responsibility for, and agree to indemnify and hold harmless MURCIELAGO, LLC and its Agents from and against any and all claims of personal injury, death or damage to personal property arising from or in any way related to my organization of, attendance at, providing services for or participation in Recreational Activities or any other events on the Property, including but not limited to activities and actions relating to the running club at and using the terrain or surrounding land for any use including: walking, hiking, running, dancing, social congregating or other related activities on the premises of MURCIELAGO, LLC. I further understand that MURCIELAGO, LLC makes no claims or representations about fitness for use of any land, or any amenities, facilities or equipment, for any particular purpose and agree that my use of said property will be at my own risk.
This WAIVER AND RELEASE contains the entire agreement between the undersigned and MURCIELAGO, LLC, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of the undersigned and MURCIELAGO, LLC, which shall be effective only when signed by all of such parties.
The provisions of this WAIVER AND RELEASE will survive and continue in full force and effect even after the termination of the events or activities conducted by, on the premises of, or for the benefit of MURCIELAGO, LLC, whether by agreement, by operation of law, or otherwise. If any provision of this WAIVER AND RELEASE or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this WAIVER AND RELEASE, and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this WAIVER AND RELEASE shall be valid, and shall be enforced to the fullest extent permitted by law.
I have read, understand and fully agree to all of the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this WAIVER AND RELEASE freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to offer and execute all provisions of this WAIVER AND RELEASE, including but not limited to a complete and unconditional waiver and release of all liability to the full extent of the law and the terms of this WAIVER AND RELEASE. I acknowledge and agree that MURCIELAGO, LLC and its Agents will accept and rely on this WAIVER AND RELEASE in permitting me to attend and participate in events or activities conducted by, on the premises of, or for the benefit of MURCIELAGO, LLC and its Agents and that this WAIVER AND RELEASE shall remain on file for the benefit of Murcielago to relate to such event or activity I may do on MURCIELAGO, LLC’s property now or in the future. I am 18 years of age or older and mentally competent to enter into this WAIVER AND RELEASE and/or I am the Parent or Guardian of the undersigned minor participating in the activities on the property.
Please type your name below (Do not use auto-complete).
Leave this empty:
Your legal name
If you have questions about the contents of this document, you can email the document owner.
Document Name: Event Waiver
Agree & Sign