Deer Run Horse Show Club, Inc. Assumption of Risk, Release & Indemnification
In consideration for Deer Run Horse Show Club, Inc. (herein known as DRHS Club, Inc.) permitting me as a participant in the 2022 Horse Show season, I agree as follows:
I AGREE that I choose to participate voluntarily in these events, as a rider, driver, handler, lessee, owner, agent, coach, trainer, junior exhibitor, or as a parent or guardian of junior exhibitor.
RIDER/PARTICIPANT ACKNOWLEDGES THAT RIDER/PARTICIPANT HAS BEEN GIVEN NOTICE OF THE RISKS INHERENT IN AND INTRINSIC DANGERS OF EQUINE ACTIVITIES, INCLUDING (i) THE PROPENSITY OF AN EQUINE TO BEHAVE IN DANGEROUS WAYS WHICH MAY RESULT IN INJURY, HARM, OR DEATH TO PERSONS ON OR AROUND THEM; (ii) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO SUCH THINGS AS SOUNDS, SUDDEN MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS; (iii) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS; (iv) COLLISIONS WITH OTHER ANIMALS OR OBJECTS; AND (v) THE POTENTIAL OF A PARTICIPANT ACTING IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS FAILING TO MAINTAIN CONTROL OVER THE EQUINE OR NOT ACTING WITHIN THE PARTICIPANT’S ABILITY, AND RIDER/PARTICIPANT EXPRESSLY AGREES TO ASSUME ALL SUCH RISKS AND WAIVES ALL RIGHTS TO SUE FOR INJURIES CAUSED BY SUCH RISKS. THIS WAIVER AND EXPRESS ASSUMPTION OF RISKS SHALL SPECIFICALLY APPLY TO RIDER/PARTICIPANT AND TO ANY AND ALL MINOR CHILDREN AND/OR WARDS OF RIDER/PARTICIPANT, IN ACCORDANCE WITH THE TERMS OF VA. CODE ANN. §3.2-6200 - 6302 (formally §§3.1-796.130) et seq., AND SHALL BE CONSTRUED TO COMPLY WITH ALL EXCULPATORY TERMS OF THE VIRGINIA EQUINE ACTIVITY LIABILITY ACT, VA. CODE ANN. § 3.2-6200 - 6302 (formally §§3.1-796.130) et seq. (Chapter 27.5, Code of Va. (1950)).
I AM FULLY AWARE AND ACKNOWLEDGE THAT BEING A PARTICIPANT IN EQUINE ACTIVITIES INVOLVE INTRINSIC RISK DANGERS INHERENT IN OF EQUINE ACTIVITIES WHICH MAY RESULT IN INJURY TO THE PARTICIPANT INCLUDING, BUT NOT LIMITED TO, RISK OF ACCIDENT, SERIOUS BODILY INJURY, INCLUDING DEATH, BROKEN BONES, HEAD INJURIES, TRAUMA, PAIN AND SUFFERING, AND PROPERTY DAMAGE. I ASSUME ALL RISK OF HARM TO ME, MY HORSE OR MY PROPERTY, I UNDERSTAND THE INABILITY TO PREDICT AN EQUINES REACTION TO SOUND, MOVEMENTS, OBJECTS, PERSONS OR ANIMALS AND HAZARDS OF SURFACE OR SUBSURFACE CONDITIONS.
I AGREE for myself, my heirs, my executor, administrators, successors, assigns, to release and indemnify DRHS Club, Inc., the competition and the facility leased by DRHS Club, Inc. and the owners of the facilities CITY of NEWPORT NEWS and Newport News Park and all their respective officers, officials, directors, employees, agents, personnel, volunteers, affiliated organizations and insurers (collectively, the “Release Parties”) from any and all claims for damage, loss, or injury to myself, other persons, horses or other property belonging to me to the fullest extent permitted by law that arises out of or relates in any way to the competition and my participation in the competition INCLUDING, BUT NOT LIMITED TO, DAMAGE, LOSS, OR INJURY RESULTING FROMANY ACTS, FAILURES TO ACT, NEGLIGENCE OR NELECT OF OTHER ENTRANTS, THE RELEASED PARTIES, THEIR CONTRACTORS, OR INVITEES, as well as for theft vandalism, fire, other casualty damage or damage arising out of any defect in the premises. I AGREE to indemnify and hold harmless (that is pay all losses, damages, attorney fees and cost of) the release Parties from and against any and all claims, demands, penalties, actions, losses, costs, damages, injuries, liabilities and obligations (including actual attorney fees) of what so ever kind and nature, which may be asserted against or incurred by any of them as a result of (1) my participation in the competition or (2) any act, failure to act, or neglect (a) by me, my agents, employees, riders, handlers, trainers, coaches, drivers, contractors, or invitees, or by (b) by any animal owned or exhibited by me or in my custody or control. I AGREE and represent that I am qualified and eligible to enter and/or participate in the competition, and every horse I am entering is qualified and eligible as entered.