Terms and Conditions

 

Release and Liability
Read carefully as this affects your legal rights.
In exchange for participating in the activity Outdoor Play and Party Venue at KC Farms, Forest Kids, of 3064 Skipwith Road, Boydton, Virginia, 23917 and or use of the property, facilities and services of KC Farms, Forest Kid, I
Agree for myself and (if applicable) for the member of my family and guests to the following:

1. Agreement to follow directions: I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by KC Farms, Forest Kids, or the employees, representatives or agents of KC Farms, Forest Kids.

2. Assumption of the risks and release: I recognize that there are certain inherent risks associated with the above described activity, described activity and I assume full responsibility for personal injury to myself and (if applicable) my family and guests, and further release and discharge KC Farms, Forest Kids for injury, loss or damage arising out of my or my family’s or my guests use of or presence upon the facilities of KC Farms, Forest Kids whether caused by the fault of myself, my family and my guests, KC Farms, Forest Kids or other third parties.

3. Indemnification: I agree to indemnify and defend KC Farms, Forest Kids against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s or my guests use of presence upon the facilities of KC Farms, Forest Kids.

4. Fees: I agree to pay for all damages to the facilities of KC Farms, Forest Kids caused by any negligent, reckless, or willful actions by me or my family or my guests.

5. Applicable Law: Any legal or equitable clam that may arise from participation in the above shall be resolved under Virginia Law.

6. NO Duress: I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that KC Farms, Forest Kids has offered to refund any fees I have Paid to use its facilities if I choose not to sign the Agreement.

7. Arm’s length agreement: This agreement and each of its terms are the product of an arm’s length agreement between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them,  explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either ‘’for’’ or ‘‘against’’ a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. Enforceability: The invalidity of unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGINING THE RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.