Waiver/Release/Notice of Agritourism Law:

Our Customer Philosophy: Safe facilitation of experiential education is our number one concern.  Facilitation can sometimes be a difficult task, and we will never knowingly compromise any individual’s safety or well-being.  We further recognize that this must be a shared responsibility.  We commit to doing our part to keep you reasonably safe, and we expect you to do the same for yourself and those in your group.  By typing your name and date below and submitting this form, you agree to the terms and conditions presented. Clinch River Farms wants you to be aware of the Good Samaritan law and you should know that Virginia supports this law. Clinch River Farms Notice â€"Code of Virginia> 3.2-6402 Warning Required."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, risk of injury inherent to land, equipment, and animals, as well as 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 law clearly states that you are coming onto the farm for agritourism and that this is not a commercial enterprise or establishment open to the public.  You have selected the farm after careful consideration of the event and the benefits for both parties. Our Attorney’s & Insurance Company Philosophy: In consideration of the services of Lexcite Corporation, dba Clinch River Farms, their agents, owners, officers, volunteers, participants, employees, and all other person or entities acting in any capacity on their behalf (hereinafter collectively referred to as Clinch River farms), I hereby agree to release and discharge Clinch River Farms, on behalf or myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: I acknowledge that participation in farm activities, camp activities, outdoor activities, sports, camping, playing individual and group initiatives, problem solving exercises, and personal growth and development training entails known and unanticipated risks which could result in physical or emotional injury.  I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.  The risks may arise out of other participants and my own negligence and may include, among other things, moderate physical activity, slips, falls, sprains, strains, broken ones, and emotional stress.I expressly agree to accept and assume all the risks existing in this activity.  My participation IN this activity is purely voluntary, and I elect to participate in spite of the risks. There is no alcohol permitted on the property  at any time.  If you choose to serve alcohol during your event, you must purchase a Liquor License and provide a copy of such to Clinch River Farms owner and manager. The Liquor License is NOT for Clinch River Farms but is your personal License and you are personally liable and responsible.  If any of your group, participants, bring their own alcohol, Clinch River Farms is not liable.   We are granted a photo release to use any pictures that you may be included in for its website and printed materials.  I understand that these pictures will be accessible to anyone with internet access.  I give my permission to use these photos of my child/children on its website and facebook.  I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Clinch River Farms from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Clinch River Farms equipment or facilities including any such clams which allege negligent acts or omissions of Clinch River Farms.I agree to be responsible for or bear the costs of any injury or damage I may cause or suffer while participating in this activity.  I also assume responsibility for – and bear related costs of – all risks that may be created, directly or indirectly by any medical or physical conditions which could interfere which my safety in this activity.Should Clinch River farms or any one acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.In the event that I file a lawsuit against Clinch River Farms, I agree to do so solely in the state of Virginia and I further agree that the substantive law of Virginia shall apply in that action without regard to the conflict of law rules.For Groups of 25 or more there is a mandatory Event Insurance that you must purchase.  It is an inexpensive event policy https://www.theeventhelper.com/ and please add Clinch River Farms as an additional insured.By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in any activity, I may be found by a court of law to have waived any and all of my right to file for or maintain a lawsuit against Clinch River Farms on the basis of any claim from which I have release them herein.I also give Clinch River Farms permission to photograph me or my child and use the photos in advertising capacity.  Clinch River Farms in a non-alcohol establishment. I have had sufficient opportunity to read this entire document.  I have read and understand it, and I agree to be bound by its terms.  By signing this document, I understand and agree to the terms and conditions.