Guest Acknowledges and agrees:
that Guest is renting and using the premises and other amenities, whether on or off the premises, at Guest’s sole risk. There are potentially dangerous attractions both indoors and outdoors all around the Premises and serious injury and / or death could occur. Notwithstanding the presence of an alarm or other security system on the Premises (if any), in no event shall Agent or Owner be liable for any damage or personal injury to Guest or any other person, or to any property, occurring in or around the Premises ( including, without limitation, as the result of any criminal activity, negligence, casualty, or their anticipated or unanticipated event), except to the extent the damage or injury is the proximate result of the gross negligence or willful misconduct of Agent, Owner, Owner’s agents, or Owner’s employees. The parties also acknowledge that the Premises contain a number of dangerous activities, buildings, toys, games, and other attractive nuances (including but not limited to waterslide, swimming pool, and other distractions). There is no lifeguard on duty and all guests swim at their own risk. Guest agrees that this is taking possession of the premises in “as is” condition, with no warranties, express, or implied and with the full knowledge and understand that the Premises is significantly wild and undeveloped and that there are a number of animals, insects, reptiles, vegetation, and other wildlife at or on the Premises which may be dangerous to Guest and could cause severe and serious physical harm including, but in no event intended to limit this water to, allergic reactions, animal bites, poisoning, dismemberment, hospitalizations, and or death. Bunk beds should only be used for resting/ sleeping and should not be occupied by any one over a reasonable, healthy weight limit. Check with Agent or Owner if you are unsure of the weight limit. Owner's not responsible for injury or death caused by bunk beds.
Guest agrees to indemnify, defend, and hold harmless Agent and Owner for any liability, cost (including, without limitation, reasonable attorneys’ fees), damages, including personal injury damages, or claims therefore related to their stay at the Premises, unless caused by the sole gross negligence or intellectual misconduct of the Owner and Agent or the willful, or intentional act or omission to act of Guest or Guest’s family, guests, or invitees or by any animal(s) or other wildlife. Each party waives the right of subrogation against the other party.
I. Joint and Several Liability. If a Guest is more than one person, each person shall be jointly and severally liable for the performance of Guests’ obligations under this Agreement. To the extent that any Guest is a minor, then the person singing this Agreement on behalf of that minor hereby warrants that the or she is the legal guardian of that minor with authority to bind the minor, an that he or she is waiving any rights that the minor may have to contest or dispute the application of this Agreement of the Minors’ rights.
II. Governing Law; Jurisdiction; Venue. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the state of Virginia. For the purpose of interpretation of this Agreement, Virginia statues, as amended from time to time, shall control. The parties agree that the exclusive jurisdiction and venue for any action arising out of this Agreement shall be in the Circuit or County courts ( as applicable ) in Caroline County, Virginia.
III. Dispute Resolution. As per above, you agree to hold the Agent and Owner harmless and waive your right to sue unless there is gross negligence or willful misconduct on the part of the owner and/or Agent. If any dispute involving the Agent, property Owner, and /or Guest should arise, the parties shall attempt to resolve such dispute by good faith negotiations. If such good faith negotiations are unsuccessful, then they shall attempt to resolve their dispute through mediation. Upon the discovery of any matter which may result in a dispute, such matter/ dispute shall be identified in writing to the Non-complaining party with in ninety ( 90) days of the first available opportunity to discover the matter/ dispute; demand for mediation shall be made within sixty (60) days of written notice of the dispute with the part making the demand to offer no less than three ( 3) mediators in the Fredericksburg and Caroline County area. The non-complaining party shall have forty-five ( 45) days to select a mediator from the list provided to it and the mediation shall be set for no more than ninety (90) days from the date of the mediation demanded. If necessary, mediation shall be conducted in the State of VA supreme court rules. If the mediation is unsuccessful, then the litigation may commence in accordance with the governing law, jurisdiction, and venue provisions of this Agreement. Should either party fail to comply with the dispute resolution set forth herein, then that party shall not be entitled to its attorney’s fees at trial even if such party is the prevailing party.
