AN
AGREEMENT AND RELEASE FROM LIABILITY CONTRACT
PLEASE
READ THIS DOCUMENT CAREFULLY
This AGREEMENT AND RELEASE FROM LIABILITY
is entered into on this _______day of
________________, in the year 2010, by
and between Jason and Amanda Mix (d/b/a Highland Hills Farm)
(ÒOWNERÓ); and
___________________________ (ÒRIDERÓ), and, if Rider is a minor, the
parent/guardian of Rider, __________________________________(ÒGuardianÓ). In
exchange for use of property, facilities, and services of Owner, the Rider,
his/her heirs, assigns and legal representatives, and in the event the Rider is
a minor, Guardian, hereby expressly agree to the following:
1.
I
agree that horseback riding and all equine activities are inherently dangerous
activities AND
that
these activities will expose me to above normal risks of bodily injury and/or
death.
2.
I
agree that I am responsible for my own safety while engaging in any and all
equine activities on the OwnerÕs property and/or the adjoining property of
others, which have given me permission to ride.
3.
I
agree to acknowledge all of ownerÕs rules and regulations pertaining to any and
all equine activities occurring on OwnerÕs property and I agree to and am
responsible for wearing protective gear appropriate for equine activities to
ensure RiderÕs safety while engaging in such activities.
4.
I
understand the risks involved in equine activities and I AGREE TO
ASSUME ANY AND ALL RISKS INVOLVED IN RIDERÕS USE OF OR PRESENCE UPON OWNERÕS
PROPERTY AND
FACILITIES
while
engaging in any equine activity without limitation and including the risks of
death, bodily injury, property damage, falls, kicks, bites, unavailability of
emergency medical care, and/or the ordinary negligence and/or deliberate act of
another person.
5.
I agree that Owner, the OwnerÕs stable,
its agents, and employees are NOT liable for any injury to or the death of Rider
and/or a participant in equine activities resulting from the inherent risks of
equine activities.
6.
I agree to indemnify, defend and hold
Owner, OwnerÕs stable, its agents, and employees completely harmless and not
liable from any and all losses arising out of any claims, actions or
proceedings, based directly or indirectly, including acts of ordinary
negligence, associated with any equine activity during RiderÕs use of or
presence upon OwnerÕs property or the property of others
7.
I
agree to indemnify, defend and hold Owner, the OwnerÕs stable, its agents and
employees harmless from and against any and all losses arising out of any third
party claim, action or proceeding, based directly or indirectly on any equine
activity during RiderÕs use of or presence upon OwnerÕs property or the
property of others.
8.
I
agree to hold the owner of any and all adjoining property on which permission
to ride has been granted completely harmless and not liable and release them
from all liability whatsoever, including acts of ordinary negligence,
associated with any equine activity during RiderÕs use of or presence upon the
property ownerÕs property.
9.
I
AGREE
NOT TO SUE Owner,
OwnerÕs stable, its agents and/or employees in association with ANY claims, damages, costs,
or expenses arising out of RiderÕs use of or presence upon OwnerÕs property and
facilities while engaging in any and all equine activities including those
based on death, bodily injury, and property damage.
10.
Rider
or Guardian (if Rider is a minor) is responsible for complete and full
insurance coverage on himself/herself, personal property, and RiderÕs horse.
11.
Rider
and Guardian (if Rider is a minor), agree that this agreement and release of
liability is a contract that when signed by the parties involved will be
legally binding to all parties, subject to the above terms and conditions and
shall be enforced and interpreted under the laws of the state of New Hampshire,
without regard to conflict of laws provisions.
***** I have read and understand
without question, this agreement and release of liability contract
before having signed below.
X____________________________________
OwnerÕs
Signature
X____________________________________
RiderÕs
Signature
X____________________________________ RiderÕs Parent or GuardianÕs Signature (if Rider is a minor)