IMPORTANT: THIS Is a LEGAL DOCUMENT – A RELEASE of LIABILITY
Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. By signing this contract, you are giving up specific legal rights for you, your family, and your heirs.
Rachel & Rob's Wildwood Lake Family Campgrounds, Inc. d/b/a Medina KOA, Kampgrounds of America (KOA), Rob and Rachel Kaiser, individually and as employees, their employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors, lessors, and land owners (hereinafter Medina KOA) hope that you have a rewarding experience. We wish to inform our guests and racers that camping, RVing, boating, hayrides, cycling, and relaxing (hereinafter Camping) are not risk-free. The same elements that contribute to the unique character and fun of Camping such as the activities, location, physical exertion, or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. Camping is not an essential service and is recreational. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks.
ACKNOWLEDGEMENT of and ASSUMPTION of the RISK
There are risks that accompany all aspects of life as well as Camping. Some of these risks are inherent in the activity; some are changed, increased, or decreased due to the activities of Medina KOA and others. You must understand and accept all the risks of the activity, inherent and others. You have reviewed the website
You understand and agree that there are several rules for using and camping at the Medina KOA and additional rules on using special features, programs, and facilities at Medina KOA. By staying at Medina KOA, you agree you have read and understood all the rules for the campground and its facilities. You agree you have reviewed the Medina KOA website as well as the KOA website and understand the information provided there as well as the possible risks. You also agree you have received specific rules on the operation, use, or rental of equipment from Medina KOA. You must read, understand, and follow all rules for camping, driving, renting, using, or enjoying Medina KOA and its facilities.
Use of Campground: You and your family understand that you can use the showers, restrooms, meeting rooms, game rooms, or other facilities while at the resort. You agree you will use them per the information you have received and the posted notices. Please make sure the facilities are in the same condition or cleaner when you are done. Please use these facilities in cooperation with other guests and campers of Medina KOA.
General Campground Issues: You will be living, camping, and traveling outdoors, where you will be subject to numerous risks both natural, weather, and manmade that you will not encounter at home. When Camping, the terrain is different from the cities. The trails, walkways, and roads may be uneven, broken, and different from man-made surfaces. The conditions of the trail or terrain will vary every day depending on the weather and natural forces. Rocks, stumps, roots, and other natural or manmade objects on the trail will be loose or projecting. Any water from rain, snow, or natural or man-made streams will make the trail slippery and muddy.
Meals may be prepared over grills or open fires. If using an open fire have a source handy to put out the fire and only use in approved fire pits or locations. If you are using a propane or other grills make sure you know how and where to turn the propane off and how to use the grill.
You will be experiencing the outdoors for longer lengths of time while Camping. The heat-sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, outdoor, and being in the open for the extended length of the trip can be uncomfortable or cause injury or illness. Please wear appropriate clothing for the weather and carry water or other fluids if you will be one for extended times and wear sunscreen for the weather and sun.
Cabins: If you are renting a cabin/building/tent/structure for your stay, please familiarize yourself with the entrance, and exit work and ask any questions you may have. Please understand this facility does not meet the code requirements of a city because of its location and activity. I understand that because you are staying outdoors the structure is not animal-free. Please understand and agree that you will store any food as instructed or secured from any animals. Heating and/or air conditioning, if available, will not be the same as at your home. Make sure you know or receive instructions on how all appliances and the heat and air conditioning work.
Before using any feature, equipment, bike, golf cart, pedal cart or other thing at Medina KOA read all the instructions, ask questions of the staff for help, and watch other people using the features, devices, and equipment so you understand what you are getting into.
Aquatic areas, pools, lakes, and creeks: Accidents can occur when entering or exiting a pool or swimming area. You might injure yourself by falling against some object in or around the pool, lake, or creek or on the shore or deck surface. Although the water in our pools, spas, and aquatic features meets NY requirements, you can still catch an illness or disease from the water if ill adults or children are swimming. You agree to keep sick kids out of all aquatic areas, without exception. Knowingly putting a sick child in a pool or aquatics area is dangerous to everyone. You understand all infants must wear a swim diaper while visiting any aquatic facility. Never leave any child alone in the aquatics area, they can slip or fall or fall in the water where they cannot swim or into a pool or spa where the heat can injure or kill them.
Swimming in any body of water has risks. Only swim in the pool and aquatic area, not in any of the streams, lakes or ponds on the property outside of designated swimming areas. If you are having trouble, there is a greater chance that you cannot be seen if you sink beneath the surface of a pond or stream as well as the dangers of the water itself. There may be hidden or known obstacles as well as floating debris, sharp rocks, or objects that can injure you. Open water, creeks, lakes, and ponds have currents, whirlpools, and waves, which can cause you problems, make swimming more difficult, or sweep you from shore or under the water. Accidents can occur when entering or exiting a pool or swimming area. You might injure yourself by falling against some object in or around the pool or on the shore.
Never swim in an unknown area or an area that has not been secured and is safe for swimming. Always swim with a buddy or someone who is watching to assist or be available for rescue if you have problems.
Accidents can occur when entering or exiting a pool or swimming area. You might injure yourself by falling against some object in or around the pool or on the shore.
There are no lifeguards on duty at our aquatic facilities or the lake and creeks. Before swimming, familiarize yourself with the layout of the pool(s) and other features, rescue devices, and emergency phone location. If wading or sitting in the creek, keep an eye on the water level and any children with you. Know where you and your family can swim and should not swim. Know when the aquatics facility is open and closed. You understand that while using the aquatic facilities you and your family must abide by New York state law on their use which you have read on the website and received when you checked in.
Medina KOA has a Jump Pillow and Water Slide. Make sure you understand how each of these features works and all the rules about using these features. These features increase the risk of injury. Never allow any child to use these features without adult supervision.
Flash floods are a threat in any open or moving water all of the time. Although it may be sunny where you are, rain miles away can create a dangerous situation. Moving water is always dangerous, anything near or above your knee can cause a foot entrapment. This occurs when your foot slips between 2 rocks getting wedged and the water can shove you over and under.
Boating: Whenever you are around the water, unless you are in a swimming area or facility, always wear your personal floatation device (PFD) or life jacket appropriate for the type of water and activity you are enjoying.
Accidents can occur getting on and off the boats: (a) boats are slippery when wet. You might slip and fall, in which case you might damage or lose equipment you are carrying (such as cameras, glasses, a canteen or day pack), or you might injure yourself by falling against some object in or on the boat, or on the shore. (b) Boats become hot in the sun, you might burn yourself when you climb aboard or sit on the side or in the boat.
As a boater, you will be totally responsible for your movement and safety while on the creek. This requires physical exertion as well as emotional and mental stability. You will be primarily responsible for your own rescues. Medina KOA will not be available to assist you in a rescue.
Peddle Karts: Peddle Karts are a great and easy way to get around the campground and have fun for kids of any age. When riding/driving a peddle kart always wear the provided helmet. Beware of other guests and please stay out of their way, giving them a wide berth so you do not scare them. Stay away from moving vehicles, especially trucks and RV’s because they may not be able to see you because you are so low to the ground. Make sure you know the rules for the peddle Kars and if you are with minors explain those rules to anyone minor with you.
Disc Golf: Disc golf combines the thrill of attempting to get a hole-in-one with enjoying the outdoor environment. When golfing, wait until any groups ahead of you have cleared the course before teeing off. Keep an eye on your disc, it is more fun to golf than to spend time searching for a lost disc. Remember to make sure there is no one in the path of where you are throwing your disc, or the surrounding area before throwing.
Rides: Two of the fun activities offered by Medina KOA are hayrides and fire truck rides. This is fun, but falling off a hay wagon or a fire truck is going to hurt. Make sure you are seated securely and ready for the ride to move. Hold on if you are unsure of your stability and do not move until the ride is stopped. Getting on or off the ride can always cause issues so be sure of your footing and hold on while climbing on or off the ride.
Cycling: There are many risks to be experienced when cycling. Equipment may break or malfunction causing loss of property or injury. Dirt, water, or other natural or foreign objects can affect the handling and working characteristics of the bike leading to brake failures or other problems. The terrain you will be riding will make controlling the bike unpredictable. Rocks, roots, stumps, trail work, trail steps, or other debris can affect your ability to ride, break and control the bike. The trail surface may make breaking difficult or impossible. You may be required to cross-streams where you are unable to see the bottom, and the current will push the bike over. The water will affect your bike's performance in the stream, and once you leave the stream. Potholes, gravel on the road, and cracks in concrete or asphalt roadways will affect your handling of the bike and may cause damage to your bike.
Riding a bike requires physical exertion and effort. You might ride over rocks, stumps, or other debris while riding along trails, sidewalks, walkways, or even roads.
The roads or trails you will be riding are dangerous. There may not be any room for error if you ride on the trail or roadway. Trails may have drop-offs or cliffs on one side. Trails may be narrow, “single track” which makes passing difficult and maintaining your position on the trail difficult.
Falling off the bike will be hazardous. You may fall just to the ground or over an embankment, onto rocks or other debris, or into plants alongside or on the trail. The faster you are riding the greater the impact and injuries you will receive if you fall. You also may be subject to another rider falling or hitting you as you ride, which could lead to a collision or falling off your bike. Accidents can occur when getting on or off your bike. You might injure yourself by falling against some object in or around the bike.
Anytime you are riding a bike you are subject to the laws of the state you are riding. In addition, automobiles and other vehicles are always a serious risk to bicyclists. Always ride defensively and be aware of all traffic on the road or near where you are riding. Accidents can occur when getting on or off your bike. You might injure yourself by falling against some object in or around the bike.
As a cyclist, you will be totally responsible for your own movement and safety while riding. This requires physical exertion as well as emotional and mental stability. You will be primarily responsible for your own rescues. The company will not be available as a backup rescue due to the inherent nature of the sport.
Golf Carts: Golf carts are available to rent from Medina KOA and you can use your own with Medina KOA approval. If you bring your own golf cart, you must obey all golf cart rules. However, like all motorized vehicles, they to be driven with care and control. Don’t allow anyone to drive the golf cart unless they have been approved by Medina KOA. Always drive under control and pay attention to all pedestrians, vehicles, and anyone who may dart out in front of you.
Camp Fires: Make sure children and adults understand simple campfire safety. Most important: Only adults can start and extinguish campfires. Build your campfires away from low-hanging branches, in fire pits circled by rocks, or in metal fire rings. Keep a bucket of water or shovel nearby in case the fire gets out of control. Never leave a campfire unattended; an adult must put the fire out with water or dirt before leaving the campsite or going to bed for the night. Once everyone understands these safety rules, you all can enjoy sitting around a campfire at night, singing songs, telling stories, and roasting marshmallows.
Pets: We have rules and regulations you must follow for any pet that is allowed on any Medina KOA properties. These rules and regulations do not change based on the legal status or job performed by your pet. If you bring a Pet with you, you agree to indemnify and hold harmless Medina KOA for any damages or injuries your pet does to the property, other guests, employees, third parties, or other pets while on the property.
Kids: Playgrounds and the outdoors are great places for kids to explore, grow, and learn about themselves and others. At the same time, no playground is safe. If you allow your child to visit the playground, you agree that you will accompany them. Make sure your child does not explore a structure or feature that is beyond their skill set or experience.
Kids enjoy life. In that process, kids fall, get back up, and keep having fun. Sometimes though a kid might not get back up as quickly or bounce back as fast. As you, a parent well knows, there is no way to prevent a child from falling or getting hurt. Medina KOA and its staff will do the best job we can to help your child bounce back and enjoy the summer. However, you need to acknowledge and understand that no matter how many staff or how much work we do, sometimes a child can get hurt.
Weddings, Birthdays & Other One-Day or Weekend Events: You are here at Medina KOA to attend a Birthday, Wedding, or other event on the property. Please be safe and understand your risks of an injury increase with the use of alcohol or drugs. You are responsible for the safe conduct of your guests at your event.
Medina KOA is not responsible for any alcohol or drugs (legal or illegal) you bring onto the premises, use, or consume. If you bring alcohol or drugs or consume alcohol or drugs on the premises, or activity you are responsible for yourself and those around you. Do not drink or use drugs and leave the premises. Drinking alcohol or using drugs to excess can lead to accidents, make you vulnerable and ill, or you may even suffer permanent damage. Drink Responsibly and use any drugs wisely.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while engaging in any of the Camping described above, or that you may encounter. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or are not physically able to undertake the activity.
You certify that you have reviewed this document with your family. You certify that you have examined the Medina KOA website and looked at the information, risks, and videos posted on the company website. You certify that your family, including minor children, grandchildren, other friends and relatives, and yourself, are fully capable of participating in Camping, with Medina KOA. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, and your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Medina KOA. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Medina KOA reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in any activity or Camping. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent you agree to read and explain to any minor all posted signs and warnings, including instructions on the use of equipment as well as the risks outlined in this agreement, and agrees participants will obey all signs, and warnings posted and to obey instructions from staff.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
For the opportunity of Camping, a recreational activity with Medina KOA as consideration, you agree to waive any legal right to any claim and agree to indemnify and hold harmless Medina KOA, its agents, and employees, as set forth above, from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of Medina KOA, including claims for negligent hiring, instruction, operation, or other forms of negligence not normally associated with Camping or associated with the business and employees, and covers strict liability claims, contract claims (express or implied), warranty claims, and tort claims, whether based on common law or any statute or regulation. You agree that Medina KOA has a subrogation/right to indemnification for your actions based on any permit, grant, contract, or agreement with third parties. You further agree to release, acquit, and covenant not to sue Medina KOA, its agents, and employees for all actions, causes of action, past, present, or future claims or damages, damages in law, or remedies in equity of whatever kind, including the negligence of Medina KOA, negligence of another participant, or negligence of your family, yourself, or your heirs, against Medina KOA arising out of participation in this program or Camping at Medina KOA. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Medina KOA or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
Should any paragraph or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. Should there be an issue or dispute as to the validity of any release I have signed, this document shall supersede any other document I have read and signed regarding my legal rights concerning my agreement with Medina KOA.
You agree to indemnify, agree to subrogation, and to reimburse Medina KOA for any damages, costs, fees, or expenses Medina KOA expends on you or your family’s behalf, including the cost of any Search and Rescue or for any damages you may do to third parties. You understand this means you are the insurer for the Medina KOA for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Orleans County New York and governed by New York law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Orleans County New York applying New York Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses, and third-party claims brought by either party to this agreement.
The terms of this agreement shall continue and be, in effect, after the Camping has ended. No changes to this document are valid.
As liquidated damages, you hereby agree that if Medina KOA is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family’s or your behalf, your heirs or executors, and you agree to pay Medina KOA’s costs and attorney’s fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Medina KOA for any claim you may bring or for any injury you receive. If you do, you will pay the Medina KOA’s damages and costs, including attorney fees.
Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties, and all prior understandings or communications, electronic, online, written, or oral, are superseded by this Agreement.
If you do not want to sign this release, you understand you cannot go to Camping, and you are free to go to Camping with other companies.
All members and guests are responsible for securing their health insurance. The Medina KOA does not provide medical coverage for injuries sustained on the premises or while participating in Medina KOA-sponsored activities and events, whether on the premises or not. You have adequate health, disability, and life insurance for your family and yourself.
You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family. You hereby authorize the release of any medical information, including information concerning your HIV or “Aids” status, in the possession of Medina KOA to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. You hereby waive any action or claim against Medina KOA or any health care provider, hospital, doctor, nurse, or first aid provider for the release of this medical information, including your HIV or “Aids” status.
You, of your own free will, for your family, your minor children and grandchildren, your heirs and executors, and yourself have read, understand, and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or maybe signing this document electronically in the future. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing.
You swear and affirm that you are the person whose name is on the credit card used to pay for this Camping if signed online and paid with a credit card.
You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights for yourself, your family, and your heirs.
By signing this you understand you, your family, and your heirs cannot sue for any reason. If you or anyone else sues because of your injury you, and they cannot collect any money. If anyone sues and loses you will owe us money.
I understand I am signing this for myself, my family, and any minor children.
Copyright 1998-2025, James H. Moss, 720 334-8529, Jim@Rec-Law.US
