Release of Liability:
This agreement is made between Alison Eastman d/b/a Apple Tree Farm, Shawn Lawler, Lucinda Eastman,, Apple Tree Farm South and/or any additional landowners where such equine activities may take place, owners of any horses that may be used at Apple Tree Farm by Rider in lessons or for events/shows, and Rider and Rider’s parents or guardian, if Rider is a minor. In consideration of the use and enjoyment of Apple Tree Farm’s property, property of Alison Eastman and Shawn Lawler, property of Lucinda Eastman, Apple Tree Farm South, Windsor SC, and/or additional landowners where such equine activities may take place and the services, training, skills, animals or facilities, today and for all future dates, whether for fee or not, Rider and Rider’s parent(s) or guardian(s) on behalf of Rider each, and their heirs, and assigns hereby release, hold harmless and indemnify Alison Eastman d/b/a Apple Tree Farm, Shawn Lawler, Lucinda Eastman, Apple Tree Farm South, owners of any horses that may be used by Rider in lessons or for other equine related activities, Apple Tree Farm agents, employees and assigns, for any and all activity in any way related to equine activities, including but not limited to any activity for which the Rider and/or parents may be present on Apple Tree Farm property, property of Alison Eastman and Shawn Lawler, or property owned by Lucinda Eastman, and Apple Tree Farm South, including as a spectator.
Rider and Rider’s parent(s) or guardian(s) on behalf of Rider agree as follows:
If only one parent signs this agreement, that parent represents that they have the authority to sign on behalf of and thereby bind both parents.
Rider and Parents agree to abide by all rules and regulations of Apple Tree Farm.
Rider and Parents agree to carry insurance on their personal property and themselves.
Rider and Parents understand and agree that horseback riding in all respects, including but not limited to riding on the flat in a ring, jumping fences and other obstacles, slippery and rough footing, etc. can be a very dangerous activity, and they wish nevertheless to participate.
Rider and Parents agree that any work done by them without monetary compensation in and around Apple Tree Farm does not make them employees or agents of Apple Tree Farm.
Rider and Parents recognize that they are voluntarily participating in equine activities at Apple Tree Farm. Rider and Parents assume and accept any and all risks involved in or in any way arising from their use of, or presence upon, the property of Apple Tree Farm, Lucinda Eastman, Alison Eastman and Shawn Lawler, Apple Tree Farm South, and/or additional landowners where Apple Tree Farm equine activities may take place, including but not limited to bodily injury, death, property damage, and the unavailability of emergency medical care, or any other loss or damage, even if the method of injury or loss or the nature or extent thereof are not contemplated at the time of signing of this agreement.
Rider and Parents acknowledge that by signing this agreement Alison Eastman d/b/a Apple Tree Farm’s legal rights will extend to those found under RSA 508:19 and beyond to the greatest extent permitted by New Hampshire and South Carolina law.
Rider and Parents understand and agree that under New Hampshire and South Carolina law, a participant in equine activities assumes the risk of any injury, harm, damage, or death, and any legal responsibility that may occur to participants from the inherent risks associated with equine activities and further agrees that PURSUANT TO R.S.A. 508:19 EQUINE PROFESSIONALS ARE NOT LIABLE FOR DAMAGES RESULTING FROM INHERENT RISKS ASSOCIATED WITH EQUINE ACTIVITIES.
By signing this document, Rider and Parents agree to not bring any claim of any kind whatsoever against Alison Eastman d/b/a Apple Tree Farm, Shawn Lawler, Lucinda Eastman, Apple Tree Farm South, owners of any horses that may be used by Rider in lessons or for other equine related activities done at or under the auspices of Apple Tree Farm, Apple Tree Farm agents, employees and assigns, for any and all activity in any way related to equine activities, including but not limited to any activity for which the Rider and/or parents may be present on Alison Eastman d/b/a Apple Tree Farm property, Shawn Lawler, Lucinda Eastman, Apple Tree Farm South, premises, including as a spectator. In addition, Rider and Parents agree to indemnify and hold harmless Alison Eastman d/b/a Apple Tree Farm, Shawn Lawler, Lucinda Eastman, Apple Tree Farm South and the owner of any horse that may used by Apple Tree Farm for lessons or other equine related activities, from any claims that may be brought, and that such indemnity will extend to any amounts for which the aforementioned parties may be liable, including attorney fees, costs and judgments.
NOTWITHSTANDING ANYTHING CONTAINED WITHIN, RIDER AND PARENTS UNDERSTAND THAT THIS AGREEMENT IS INTENDED TO AND DOES EXTEND TO CLAIMS OF ANY KIND, INCLUDING THE NEGLIGENCE OF ALISON EASTMAN D/B/A APPLE TREE FARM, SHAWN LAWLER, LUCINDA EASTMAN, APPLE TREE FARM SOUTH AND THE OWNERS OF ANY HORSE THAT MAY BE USED BY APPLE TREE FARM FOR LESSONS OR OTHER EQUINE ACTIVITIES, APPLE TREE FARM AGENTS, EMPLOYEES, WHETHER ALLEGEDLY DUE TO THEIR ACTIONS OR THE ACTIONS OF NEGLIGENCE OF THIRD PARTIES. BY SIGNING THIS AGREEMENT, RIDER AND PARENTS UNDERSTAND THAT ALISON EASTMAN D/B/A APPLE TREE FARM, SHAWN LAWLER, LUCINDA EASTMAN, APPLE TREE FARM SOUTH, AND THE OWNERS OF ANY HORSE THAT MAY BE USED BY APPLE TREE FARM FOR LESSONS OR OTHER EQUINE ACTIVITIES, APPLE TREE FARM AGENTS, EMPLOYEES, WILL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF THEIR OWN NEGLIGENCE.
This agreement constitutes a contract made and entered into in the State of New Hampshire,and the State of South Carolina and shall be enforced and interpreted under the laws of each State. Should any clause herein be declared invalid by a New Hampshire or South Carolina court, all other clauses shall remain in full force and effect.
Covid Release:
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Apple Tree Farm has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Apple Tree Farm can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Apple Tree Farm staff, and other Apple Tree Farm clients and their families.
I voluntarily seek services provided by Apple Tree Farm and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while at Apple Tree Farm.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Apple Tree Farm harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of Apple Tree Farm, or that may otherwise arise in any way in connection with any services received from Apple Tree Farm. I understand that this release discharges Apple Tree Farm from any liability or claim that I, my heirs, or any personal representatives may have against Apple Tree Farm with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Apple Tree Farm. This liability waiver and release extends to Apple Tree Farm together with all owners, partners, and employees.