Equine Activity Release and Hold Harmless Agreement
I have read and understand, and freely and voluntarily enter into this Release and Hold Harmless Agreement with Tom Clair's Calm and Collected Horse Training, understanding that this Release and Hold Harmless Agreement is a waiver of any and all liability(ies).
I understand the potential dangers that I could incur in mounting, riding, walking, boarding, feeding said horse; including, but not limited to, any interactions with other horses. Understanding those risks I hereby release that Company, its officers, directors, shareholders, employees and anyone else directly or indirectly connected with that Company from any liability whatsoever in the event of injury or damage of any nature (or perhaps even death) to me or anyone else.
I understand and recognize and warrant that this Release and Hold Harmless Agreement, is being voluntarily and intentionally agreed to, and that in signing this Release and Hold Harmless Agreement I know and understand that this Release and Hold Harmless Agreement may further limit the liability of equine professionals to include any activity, whatsoever, involving an equine, including death, personal injury and/or damage to property.
I further voluntarily agree and warrant to Release and Hold Harmless this (these) equine professional(s) from any liability whatsoever, including, but not limited to, any incident caused by or related to said equine professional’s (s’) negligence, relating to injuries known, unknown, or otherwise not herein disclosed; including, but not limited to, injuries, death or property damage from: mounting; riding; dismounting; walking; grooming; feeding; use of horse barn, paddock, trails or horse ring, in any capacity; falling off horse whether horse is bucking, flipping, spooked; or my failure to understand any equine professional’s directions relating to my riding or otherwise use and control, or lack thereof, of my horse or the horse I have been assigned to.
This Equine Activity Liability release, Waiver of Right to Sue and Assumption of All Risks Agreement ("this Agreement") is hereby given by the undersigned to Tom Clair's Calm and Collected Horse Training, NY, equine activity sponsors and/or equine activity professionals (in each case, the "sponsor") and to the sponsor as agent for and for the benefit of each owner of land upon which an equine activity to which this Agreement relates is conducted ("owner") and each agent, employee, heir, personal representative, successor, and assign of the sponsor and of each owner (who shall be included within the words "sponsor" or "owner" as their relationships may determine), and provides as follows:
The participant hereby acknowledges that he has full and complete notice and understanding of the Act and of all risks inherent in equine activities that may cause, contribute to or result in the death or personal injury of the participant or damage to the participant's property, including, but not limited to the horse, trailer, etc. These risks include, but are not limited to:
(i) the propensity of an equine to behave in dangerous ways or to trip and/or fall;
(ii) the inability of anyone whomsoever to predict or foresee an equine's reaction to excitement, weather conditions, sound, movements, objects, vehicles, persons, animals, reptiles, birds or insects, and the effects of such reactions; (iii) the hazards of surface or subsurface conditions, including but not limited to objects or conditions on, under or protruding from the surface both latent and patent;
(iv) the hazards such as rocks, cliffs, hills, fences, trees, stumps, logs, bridges, ditches, bodies of water, debris and obstacles, and any equine activity in connection therewith, that may be foreseeably or unforeseeably present;
(v) the dangers and risks of tack or harness slipping or breaking for whatever reason;
(vi) the dangers and risks of becoming entangled in tack, harness, or vehicles used in an equine activity;
(vii) the risks of falling from or otherwise becoming unstable on an equine or a vehicle used in an equine activity for any reason whatsoever or for no identifiable reason;
(viii) the dangers of being struck by an equine, by rider or by a hound;
(ix) any negligent act or omission by the sponsor or any owner which causes or results in the death or personal injury of the participant or damage to the participant's property; and
(x) all other risks associated with horseback riding, driving and related activities.
The participant hereby releases and waives all rights which he may have or hereafter have against the sponsor and each owner for death, personal injury or property damage which is in any way associated with the Risks; he does hereby waive his right to sue or to bring any action against the sponsor or any owner in conection therewith; he agrees to indemnify and defend the sponsor and each owner from and to hold the sponsor and each owner harmless against any such suit or action; including reimbursement of legal fees associated with the defense of any claim, and he hereby expressly assumes all risks and dangers of death, personal injury and property damage that are in any way associated with the Risks enumerated above.
The participant hereby authorizes and consents to any emergency medical care that may at the time appear reasonably appropriate under the circumstances as a result of injury or sickness caused by or incurred in the course of an equine activity.
This Agreement shall remain valid and in full force and effect from and after the date noted at the signature of the undersigned until expressly revoked by the undersigned in a written notice personally delivered to the sponsor. To the extent possible, this Agreement shall be construed in such manner as will render it, and each provision of it, fully enforceable; but if any provision of this Agreement shall be unenforceable, such provision (or so much thereof as is unenforceable) shall be deleted and the remainder of the Agreement shall continue in full force and effect.
If this Agreement is executed by the undersigned for and on behalf of a minor participant named below, the undersigned hereby warrants and represents that he is in fact the parent or legal guardian of such minor, with full rights of custody and control; that this Agreement is given on behalf of and is intended to be binding upon said minor participant, his heirs, personal representatives, successors and assigns; and the undersigned further agrees that this Agreement shall also be as fully binding on the undersigned as if it were entered into solely on his own behalf.
This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the participant and the undersigned.
The undersigned has fully read and fully understands the foregoing equine liability release, waiver of right to sue and assumption of all risks, has consulted and relied upon his own advisors on all questions in connection therewith, and has not relied upon the sponsor or any owner for any advice or explanation in connection therewith.
Please Print Name of Participant, Address and Date
In regards to boarding:
LIEN AGAINST BOARDED ANIMAL I / WE AGREE THAT The BOARDER hereby grants a possessor lien against the boarded animal(s) to TOM CLAIR for the value of all unpaid charges resulting from boarding and rendering any other services to the animal(s). Should such charges go unpaid, Tom Clair shall be entitled to exercise the right to enforce said lien according to the laws of THIS STATE .
BOARDED HORSE ILLNESS OR INJURY I / WE AGREE THAT: Should the horse(s) become sick or injured, TOM CLAIR shall attempt to notify the BOARDER immediately. If the boarder does not immediately inform TOM CLAIR regarding measures to be taken, or if the state of the animal's health requires immediate action, TOM CLAIR is authorized to request the services of a veterinarian of its choice or to give any other attention that appears necessary.
The BOARDER shall promptly pay all expenses for all services.
Veterinarian Name _______________________________ Phone #______________________________________
BOARDER ACCEPTANCE OF RESPONSIBILITY I / WE ACKNOWLEDGE THAT: BOARDER has inspected TOM CLAIR'S premises and / or has in some other way satisfied himself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for BOARDER'S horse(s) and BOARDER, BOARDERS family, guests and visitors who enter the premises. BOARDER is responsible for any and all damages, injuries, loss of life caused by or to the animal(s) while in the care, custody or control of the BOARDER, BOARDER'S family members, and invitee or other handler or agent appointed by them.
ASSUMPTION OF RISKS I / WE ACKNOWLEDGE THAT: Risks, conditions, and dangers are inherent in (meaning an integral part of) horse /equine / animal activities, regardless of all feasible safety measures which can be taken, and I agree to assume them. The inherent risks include, but are not limited to any of the following: The propensity of an animal to behave in ways that may result in injury, harm, death, or loss to persons on or around the animal; The unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; Hazards, including, but not limited to, surface or subsurface conditions; A collision, encounter and / or confrontation with another equine, another animal, a person, or an object; The potential of an equine activity participant to act in a negligent manner that may contribute to injury, harm, death, or loss to the participant or to other persons, including but not limited to, failing to maintain control over an equine and / or failing to act within the ability of the participant.
Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 1/2 to 5 1/2 feet, and the Impact may result in harm to the rider. Horseback riding, driving and training are activities in which one much smaller, weaker predator animal (the human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal that has a mind of Its own (the horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: Stopping short; Spinning around; Changing directions and / or speed at will; Shifting its weight; Bucking; Rearing; Kicking; Biting; and / or Running from danger. I also acknowledge that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on TOM CLAIR to list all possible risks for me.
CONDITIONS OF NATURE WARNING. UNFAMILIAR AND SUDDEN SIGHTS. SOUNDS AND MOVEMENTS WARNING I/WE ACKNOWLEDGE THAT: TOM CLAIR is NOT responsible for total or partial acts, occurrences, or elements of nature and / or sudden and / or unfamiliar sights, sounds and / or sudden movements that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, or fly near, or bite or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I also understand that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on TOM CLAIR to list all possible conditions for me.
PROTECTIVE HEADGEAR / WARNING I / WE AGREE THAT: I for myself and on behalf of my child and / or legal ward have been fully warned and advised by TOM CLAIR that protective headgear / helmet, which meets or exceeds the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, should be worn while riding and / or driving, training, and / or being near horses, and I understand that the wearing of such headgear/ helmet at these times may reduce severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences. I am not relying on TOM CLAIR and / or its associates to provide a certified helmet for me or to check any headgear / helmet or headgear / helmet strap that I may wear, or to monitor my compliance with this suggestion at any time now or In the future. I understand that helmets must always be worn when jumping and must always be worn by individuals under 18 years.
DIRECT LOSS TO PERSONAL PROPERTY WARNING I /WE AGREE THAT: The BOARDER is hereby warned that while on TOM CLAIR'S premises, direct loss, damage, theft, or injury to BOARDER'S horse(s), tack, equipment, trailer, and other personal property is not covered by TOM CLAIR'S insurance. The party who has the financial interest in and / or owns such items has the responsibility to insure the items under his / her own insurance policies. U. Accidental / Medical and Personal Liability Insurance – I AGREE THAT: Should medical treatment be required, I and/or my own accident/medical insurance company shall pay for all such incurred expenses.
RELEASE QF LIABILITY I / WE AGREE THAT: In consideration of TOM CLAIR undertaking the board and related services under the terms set forth herein, I, the, undersigned BOARDER, for myself and on behalf of my child and / or legal ward, heirs, administrators, personal representatives or assigns, do agree to release, hold harmless, and discharge TOM CLAIR, its boarders, agents, employees, officers, directors, representatives, assigns, members, boarders of premises and trails, affiliated organizations, and insurers, and others acting on their behalf (hereinafter, collectively referred to as "Associates"), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to TOM CLAIR'S and / or ITS ASSOCIATES ordinary negligence or legal liability; and I do further agree that except In the event of TOM CLAIR'S I shall not bring any claims, demands, legal actions and causes of action, against TOM CLAIR and ITS ASSOCIATES as stated above, in this clause, for any economic and non-economic losses due to bodily injury and / or death and / or property damage, sustained by me and / or my minor child or legal ward in relation to the premises and operations of TOM CLAIR, to include while riding, driving, training, handling, or otherwise being near horses owned by me or owned by TOM CLAIR, or In the care, custody or control of TOM CLAIR, whether on or off the premises of TOM CLAIR but not limited to being on TOM CLAIR'S premises.