2023 Release and Waiver of Liability and Indemnity Agreement
In consideration of being permitted to enter the property owned by Mark and Camilla Green, d/b/a “Stony River Farm” and Cathryn Alexa Brekken d/b/a “C. A. Eventing” (the “Releasees”), and/or any of the adjoining properties, the undersigned, being of sound mind and over eighteen years of age:
1. Acknowledges the dangers and risks to be encountered as a result of riding, driving, training, walking, handling, grooming, feeding, stabling, trailering, being a passenger on a horse-drawn cart or otherwise being in the proximity of horses, cows, dogs and cats.
2. Acknowledges that he/she fully appreciates and understands the risk of serious bodily injury, death and/or property damage to which he and his guests will be exposed to by entering any property owned, leased, surrounded or controlled by the Releasees, including but not limited to the property known as Stony River Farm, and that he understands the risk that any horse on or stabled with Stony River Farm can be hurt or killed.
3. Acknowledges that the Tennessee Code Annotated, title 44, chapter 20 limits the civil liability of the Releasees and others involved in equine activities at Stony River Farm and that he/she has seen the warning required by the Tennessee Equine Limited Liability Act as follows:
Warning
Under Tennessee Law, an equine professional is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.
This release is in furtherance and not in limitation of the protection afforded by the Tennessee Equine Liability Act.
4. Acknowledges that he/she will inspect all property and that he/she will immediately and continuously again inspect areas upon entering and accepts them as being reasonably safe and suited for the purpose of his/her usage, or his/her horse’s usage; and he/she further agrees and warrants that if at any time he/she observes any condition of the premises which is believed to not be reasonable safe, then he/she will immediately notify the Releasees of the same and will immediately remove themselves and his/her horses from the area of unreasonable danger.
5. Hereby knowingly releases and waives all rights of action, and forever discharges and covenant not to sue the Releasees, employees, riders, agents, clients, lessors or leasees of all or any portion of Stony River Farm, or C. A. Eventing, or any land over which he/she rides, drives, or enters.
6. Knowingly agrees to indemnify, defend and to save and hold harmless the Releasees and their employees, riders, agents, and family members, and each of them from any loss, liability, damage, or cost (including attorneys’ fees and court cost) that they may incur due to, or arising from, the presence of, or injury to, the undersigned, his guests, horses or property while in or upon any property owned, leased, surrounding or controlled by the Releasees, including the property called Stony River Farm, regardless whether any such loss, liability, damage or cost may be caused by the negligence of the Releasees, or any of them, or any third parties or otherwise.
7. Knowingly assumed full responsibility for all risks of bodily injury, death, or horse injury or death and/or property damage due to any negligent act or failure to act, or any other negligence of the Releasees. The rider or handler is in primary control of the horse. The rider/handler’s safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard a moving animal. Rider/handler (Releasor) agrees to be responsible for his/her own safety including that of an unborn child, if the rider is pregnant. Pregnant women should ride horses only under the advice of their physician. Releasees advise pregnant women not to ride horses.
8. Acknowledges that the Releasees do not provide or purport to provide any type of medical care, veterinary care, paramedical services, first aid facilities or ambulance services. Releasor acknowledges, agrees, represents, and warrants that he or she has no known allergies, conditions, or ailments that would present an issue with respect to any activities at Stony River Farm. Releasor, and if Releasor is under eighteen years of age, Releasor’s parent or legal guardian, acknowledge and agrees that, in the event of any real or perceived injury or condition to Releasor, Releasees shall have the right but not obligation to contact appropriate medical personnel to diagnose and treat Releasor.
9. Acknowledges that this Release and Waiver of Liability and Indemnity Agreement is complete and entire, and is signed without limitation or reservation. It shall be binding upon the undersigned and distributees, assigns, heirs, next of kin, personal representatives, executors and administrators of the undersigned.
10. Expressly acknowledges, agrees, represents and warrants that he/she has carefully read this Release and Waiver of Liability and Indemnity Agreement and, with the intention that it be legally binding, voluntarily signs it without duress or coercion, with full understanding and comprehension of its content and effect, and further agrees that no oral representations, statements or inducements apart from the foregoing written Release and Waiver of Liability and Indemnity Agreement have been made.
11. As used herein, the term “Stony River Farm” shall refer to both Releasees and the property owned or leased by the Releasees, unless the context dictates otherwise. All personal pronouns shall include the masculine and the feminine. This Release and Waiver of Liability shall be governed by and construed in accordance with the laws of the State of Tennessee.
This general Release and Waiver of Liability is Read, Agreed to and Accepted.
Stony River Farm
General Rules and Courtesies
1. Helmets must be worn at all times while mounted and helmets are recommended when lunging and working horses in hand.
2. Closed toe shoes must be worn at all times in the barn and around horses. NO flip-flops or sandals at any time. This rule applies to guests and family. It is your responsibility to inform your guests and family of this rule. They will be asked to remain in their vehicle if proper footwear is not worn to the STABLE.
3. No lunging in the indoor arena or grass arena. Lunging is permitted in the outdoor arena or on the cross-country course.
4. No turnout in any arenas. This ensures the footing in the arenas will be maintained and the base not damaged.
5. Always pick up/clean up after yourself and your horse. Be responsible for your property and Respect other people’s property.
· When your horse poops in the arena, aisle, driveway, wash stall, etc., please pick it up.
· If your horse pees in an area without a drain, use a shovel to get shavings from a stall or the shavings pile, deposit shavings to cover the pee spot entirely, and let soak for a minimum of 10 minutes. Shovel and sweep up the pee shavings into a muck bucket.
· If you find a muck bucket to be 2/3rds to completely full please go ahead and dump the muck bucket into the manure spreader.
· Put all your things away in one of your designated areas-locker, blanket bar/rack, baskets, car etc.
· The office: throw away your food trash, wash your dirty dishes, clean the microwave and fridge if you dirty it up.
· Put your name on food/water in the fridge. Do not help yourself to other people’s food and water. Unlabeled food and drinks are fair game.
6. Inform CAMIE GREEN or CATHRYN ALEXA BREKKEN of any guest coming to the barn with you. They must fill out a Stony River Farm Waiver before coming or immediately upon arrival. Guests should not tour the facilities or farm. If the guest is under the age of 18, the waiver must be signed by their parent or guardian before arrival. The Waiver can be emailed to you upon request so you can have it ahead of time. Each guest must be named on the Waiver including children and spouses. INITIALS: _______
7. No “borrowing” without permission from anyone. If you damage someone else’s property, you are expected to replace/repair it to the condition or better than you borrowed it in. If you or your horse damage the property of another boarder or Stony River Farm, you are responsible to to pay for damages. This includes, but is not limited to fencing, jumps, ATV, stalls, etc.
8. Guests may not lead, ride, groom, feed treats to, or handle in any way other boarder’s horses to include horses owned by STABLE, Camie Green or Cathryn Brekken without express permission. Guests may not go into stalls or turnout areas with horses.
9. Children must always have an accompanying adult (that is attentive and not riding). Children may not play on the farm vehicles or equipment or in the hay, sawdust, and gravel piles. They must have closed toe footwear to come into the barn or be near horses. No running, screaming, throwing rocks, sticks, balls, etc., or playing in the barn or around horses.
10. No dogs are permitted.
11. If tack up areas are taken, feeding time, or the barn is very “active”, please groom and tack up in your stall.
12. Horse’s feet should be picked clean before using indoor wash stall. Refrain from hosing any hair, sand, dirt, mud or rocks down the indoor wash stall drain.
13. The speed limit on the driveway is 15 miles per hour. It is recommended to decrease driving speeds to 10 miles per hour on gravel drive around barn.
14. Please keep doors closed in the barn. The bathroom, office, feed room, and tack rooms are heated and air-conditioned.
15. Although the barn is open to boarders 24 hours, to maintain a safe and secure environment, STABLE asks boarders to notify CAMIE GREEN or CATHRYN ALEXA BREKKEN when they plan to be out to the barn before 8AM or after 8PM.
Cross-Country Rules and Courtesies
16. All riders must wear a helmet and body protector while riding and jumping.
17. Payment for each horse and a signed release is due prior to mounting and schooling. Releases can be found online at https://form.jotform.com/212766050789060. Place cash or checks in the black mailbox by the bathroom in the horse barn. Please make checks to “Stony River Farm”. Venmo is another payment option @Camie-Green-1
18. No rider is permitted to jump alone on the course. Plan to have a “ground person” or coordinate with a fellow rider.
19. Please don’t introduce your horse to any horses living at Stony River Farm, even if they seem friendly. You never know and we would like to prevent injuries, vet bills, and damaged fencing.
20. Please notify Cathryn Alexa Brekken of ANY issues with the course as soon as you see it, before you dismount or leave, so that we can keep the course safe and quality for everyone. It’s easy to forget to let us know! You can find marking flags available in a bucket on your way to the schooling field should you need to mark a hole or anything that needs maintenance. If something is damaged during your schooling, simply message us so we can make repairs before the next rider.
21. Please leave things how you found them. Many of the jumps are adjustable! Feel free to move things to suit your horse/rider.
22. We also ask that you please clean up manure around your trailer. Feel free to pitch it into the grass or woods or find a muck bucket near the barn.
23. Riders are welcome to use the cross-tie area on the road to the xc field to tack up and/or cool down. Please put the hose back so that it doesn’t get mowed over!
24. Please NO PAWING in the water jump!
25. Lunging over fences and obstacles is welcomed! Carefully remove the “flag” on the inside of your lunging circle and put it back when you’re finished. Thank you!
26. Non-boarded horses and trailer in horses are not permitted inside barns. Please use all outdoor wash areas, tack up areas, and hoses provided.
I have read and agree to abide with the above “Rules and Courtesies”.