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EQUINE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I AGREE that I choose to participate voluntarily in a Durham Equestrian Club activity, as a rider, driver, handler, lessee, owner, agent, spectator, volunteer, and/or trainer. I am fully aware and acknowledge that horse sports activities involve inherent dangerous risks of accident, loss, and serious bodily injury including, but not limited to, broken bones, head injuries, trauma, pain, suffering or death (“Harm”). I fully understand that this release covers, but is not limited to, inherent risks of an equine activity which mean a danger or condition that is an integral part of an equine activity, including but not limited to, any of the following:

 

  • The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine;

  •  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 with another equine, another animal, a person, or an object;

  •  The potential of an individual during an equine activity to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.

I agree and understand that it is my/parental/legal guardian responsibility to ensure that I/my child will not participate in any mounted activities if I/my child have/has had a head injury or other medical condition and have/has been restricted from activity, until such time as the injury or condition is resolved and any activity restriction is lifted.

 I AGREE to release the Durham Equestrian Club, its successors or assigns, officials, officers, directors, employees, agents, personnel, volunteers and affiliated organizations from all claims including, but not limited to, claims for money or property, disability, covenants, actions, suits, causes or action, obligations, debts, costs, expenses, attorneys’ fees, judgments, orders and liabilities of whatsoever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether concealed or hidden, including but not limited to any state or federal statutory or common law claim or remedy of any kind whatsoever arising out of or in any way connected with any Harm to me or my horse and for any Harm caused by me or my horse to others, even if the Harm resulted, directly or indirectly, from the negligence of the Durham Equestrian Club or the Durham Equestrian Club activity.

 

 I represent that I am in good health and proper physical condition to participate in these activities. I understand the nature and risk of participating in Equine activities. I understand that this release is intended to include all activities whether on or off the equine.

I AGREE to expressly assume all risks of Harm to me or my horse, including Harm resulting from the negligence of the Durham Equestrian Club or the Durham Equestrian Club activity, and specifically agree to the applicable state statute/law regarding equine/farm animal activity liability and signed posting (if any), in any state in which I or my child participates in a Durham Equestrian Club activity. While a list of state statues and select portions of those statues believed to be in effect at the time of the execution of this agreement is attached hereto, I AGREE to locate, review and understand the full applicable state statutes in place in my jurisdiction.

I AGREE to indemnify (that is, to pay any losses, damages, or costs incurred by) the Durham Equestrian Club and the Durham Equestrian Club activity and to hold them harmless with respect to claims for Harm to me or my horse, and for claims made by others for any Harm caused by me or my horse in the Durham Equestrian Club activity.

I AGREE that neither I, nor any one claiming through me, will hereafter bring, commence, prosecute or maintain, or cause or permit to be brought, commenced, prosecuted or maintained, any suit or action, either at law or in equity, in any court in the United States or in any state thereof, or elsewhere, against the Durham Equestrian Club, its successors or assigns, for, on account of, arising out of, or in any way connected with any Harm to me or my horse, and that neither I, nor any one claiming though me, will enforce, prosecute, or recover upon, or attempt to enforce, prosecute, or recover upon, any claim or right of action whatsoever, which I, or any one claiming though me, may now have or hereafter assert, in any way connected with claims for Harm to me or my horse, and for claims made by others for any Harms caused by me or my horse at the Durham Equestrian Club activity.

I AGREE this Agreement is the entire agreement of the parties, and supersedes all prior oral and written understandings and agreements. This Agreement may be modified only by a written amendment signed by both parties.

I AGREE that if any provision of the Agreement is found to be invalid or illegal by a court of competent jurisdiction, the remaining provisions shall be construed as if the affected provision had not been included in order to effectuate the intent of the parties.

In the event this form is signed by the parent/guardian of a minor, then all representations and acknowledgements herein are expressly made by, for, and on behalf of the parent/guardian and minor. By signing below, I AGREE to be bound by all applicable Durham Equestrian Club rules and all terms and provisions of the Durham Equestrian Club activity. I acknowledge that I enter into this release after having read the same, and place my signature hereto of my own free voluntary act and deed.

 

By signing below, I represent to the Durham Equestrian Club that I fully understand its contents that I do not need any further explanation, and I waive any further explanation.  I understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature. I intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law which includes employees, officers and contract employees of the Durham Equestrian Club and owners

 

 By signing this agreement, I agree to be exclusive jurisdiction of the courts of the state of North Carolina, and that the only venue for any legal proceedings shall be Durham County, North Carolina.

State Statutes:

NORTH CAROLINA NC ST § 99E-1 - 99E-9 WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes.

VIRGINIA VA ST § 3.2-6200 – 6302

SOUTH CAROLINA SC Code 1976 § 47-9-710 - 730 WARNING: Under South Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina, 1976.

FLORIDA FL ST § 773.01 - 773.06 WARNING: Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. GEOR

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.

Participant has a current health insurance policy

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