(hereinafter "Parent").
2. Appointment of Liability.
In consideration of Equestrian being allowed to use Lakeside Stables services or facilities, or be present on property used for its activities, Equestrian does agree to hold harmless and release Lakeside Stables, its managers, members, agents, employees, officers, directors, representatives, assigns, affiliated organizations, insurers and others acting on Lakeside Stables' behalf from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated, and even if due to negligence and/or other equestrians' acts or omissions. Equestrian does further agree to waive all rights which may otherwise arise from an injury to Equestrian and shall not bring any claims, demands, legal actions or causes of action, against Lakeside Stables, those persons descrived above, or any person or entity, for any economic or non-economic losses due to bodily injuyr, death or property damage arising out of the activities of Lakeside Stables or Equestrian's presence on Lakeside Stables property.
3. Indemnity.
Equestrian agrees to be responsible for any and all damages, injuries, or loss to life to or cause by Equestrian or a horse in the care, custody an control of Equestrian, and to indemnify Lakeside Stables and all parties described above, for any losses or expenses (including attorney fees) which they incur in connections with claims related to Equestrian.
4. Risks.
According to the North American Horseman's Association, numerous obvious and non-obvious inherent risks are always present in horseback riding, despite all safety precautions. No horse is a completely safe horse. 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 a horse to the ground it will generally be at a distance of 3 1/2 to 5 1/2 feet, and the impact may result in injury to the rider. If a horse is frightened or provoked it may divert from its training and act according to its natural instincts which may include, but are not limited to: stopping short, changing direction or speed at will, shifting its weight from side to side, bucking, rearing, biting, kicking or running from danger. These risks exist for any person around a horse, whether mounted or on the ground. Equestrian acknowledges these risks and states that he/she is not relying on Lakeside Stables to advise of all risks.
5. Acknowlegement and Assumption of Risks.
Equestrian acknowledges that she/he bears responsibility for her/his own saftey and Equestrian should not participate in any equestrian activity unless she/he is confident that she/he can so so safely. Participation in equine activities with or conducted by Lakeside Stables constitutes a knowing and voluntary assumption of all risks associated with equine activities involving Lakeside Stables or being present on or using Lakeside Stables property (including but not limited to inherent risks and the risk of negligence by Lakeside Stables or others) which is a defense under North Carolina law to any claim for injury or damage, and a bar to recovery.
6. Helmet Use.
Equestrian acknowledges that wearing a properly fitted and secured equestrian riding helmet which meets or exceeds the quality standards of the SEI Certified ASTM Standard F1163 while riding, mounting, dismounting and being near horses may reduce the severity or head injuries or prevent death occurring as a result of a fall or other occurrence. Lakeside Stables makes no representations as to the condition, effectiveness or suitability of any helmet it may allow equestrian to use. All helmet-related risks are assumed by Equestrian. Equestrian acknowledges that failure to follow Lakeside Stables rules or the directions of Lakeside Stables' staff may put him/her/them at risk of, or increase the risk of, personal injury.
7. Visibility.
Should Equestrian bring to Lakeside Stables any person who is not a party to an Equine Activity Liability Agreement with it, Equestrian agrees to educate them as to the risk of being around horses and horse operations, supervise them, be solely responsible for their safety, and to be financially responsible for any injury or loss caused by or suffered by any such person.
8. Safety Rules.
Equestrian agrees to follow such rules for safety as are attached or are subsequently provided to her/him, or posted. Equestrian acknowledges that failure to follow safety rules or the directions of Lakeside Stables staff may put her/him at risk of, or increase the risk of, personal injury.
9. Premises Inspection.
Equestrian has inspected the Lakeside Stables premises and the facilities and/or have in some way satisfied themselves that the condition or premises and the facilities will provide and adequate and reasonable level of safety for Equestrian and any visitors she/he brings on the premises.
WARNING
Under North Carolina Law an equine activity sponsor or an 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.