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

    BY SIGNING THIS AGREEMENT. YOU ARE GIVING UP CERTAIN LEGAL RIGIITS. READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND IT BEFORE SIGNING IT.

  • Full Legal Name of Minor Child's & Parent(s) or Guardian(s):

  • (both Parents/Guardians to sign this document

  • Format: (000) 000-0000.
  • WARNING: Riding, training, petting, feeding, watching or merely being in the vicinity of horses and other farm animals - and being on farm property - presents unavoidable risks and dangers. These risks and dangers, include, without limitation (it being impossible to list every potential risk and danger you may encounter during equine-related events, but this Agreement applies to all of them, whether stated or unstated): Bites, kicks or other unexpected or aggressive behavior of the animals such as being thrown, bucked off or butted Cuts, scratches or other injuries caused by the animals, stalls, gates or fences Accidents such as falling off horses, horses falling/stepping on participants or being dragged by a foot/arm caught in stirrups Allergic reactions to animals, insects, hay or other allergens and/or bites or scratches caused by reptiles, insects or animals Falling, slipping or tripping in holes, wet areas, or on materials or equipment Colliding with or being hit by vehicles, farm equipment (mobile or stationary) or farm animals Being injured by another (human) participant and/or their pets or vehicles

    FURTHER AND ADDITIONALLY, UNDER GEORGIA 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, PURSUANT TO CHAPTER 12 OF TITLE 4 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED.

    YOU AGREE THAT THIS AGREEMENT WILL APPLY EACH AND EVERY TIME THAT YOU AND/OR YOUR MINOR CHILD(REN) PARTICIPATE IN ANY EQUINE RELATED ACTIVITY ON THE PREMISES, ARE PRESENT ON THE PREMISES, ARE ON YOU WAY INTO OR OUT OF THE PREMISES, OR AT THE PREMISES WHILE INVOLVED INOR OBSERVING EQUINE RELATED ACTIVITIES. NO ADDITIONAL FORM WILL BE REQUIRED TO BE SIGNED EACH TIME YOU AND/OR YOUR MINOR CHILD(REN) PARTICIPATE. YOU AGREE NOT TO BRING ANYONE ONTO THE PREMISES, OR ALLOW ANYONE TO ENTER UPON THE PREMISES TO PARTICIPATE OR OBSERVE EQUINE RELATED ACTIVITIES, WHO HAS NOT SIGNED AN AGREEMENT. FURTHER, YOU AGREE TO FULLY DEFEND AND INDEMNIFY THE EQUINE PARTIES (AS DEFINED BELOW) IF AN INDIVIDUAL WHO HAS NOT SIGNED AN AGREEMENT MAKES A CLAIM AGAINST AN EQUINE PARTY.

    In consideration of you and/or your Minor Child(ren) identified herein (together with any invitees or guests accompanying you) being permitted to participate in, monitor, observe, or engage in any way in any equine-related activity or events conducted at. upon or appurtenant to the premises located at Sunny Brook Stables (including all or some of the riding areas, stables, paddocks, roadways, pathways. buildings (collectively, the "Activities" I/We (including as parent(s) or guardian(s) of the Minor Child(ren) named herein, for himself/herself, the Minor Child(ren), your guests and invitees and his/her personal representatives, heirs and next of kin of the foregoing (collectively, the "Releasing Parties"): (1) hereby releases, waives, discharges and covenants not to sue or bring any action against HERO, LLC and/or any of the members, officers, employees, agents, volunteers, contractors, trainers, insurers, sponsors, advertisers or operators and the successors. assignees, legal representatives, executors and administrators of any of the foregoing (collectively. the "Equine Parties"), from any and all damages, claims, causes of action, obligations, liabilities, or demands on account of bodily injury, personal injury. death or property damage or loss however caused (whether arising from lack of control or supervision. providing or failing to provide ambulance service, medical care, nursing care, paramedic care, basic life support care, emergency trauma care, advance life support care. first aid emergency communication emergency transportation, or the design. maintenance or repair or lack thereof to the Premises or of any other act or omission caused the Equine Parties or otherwise) while the Releasing Parties are upon the Premises or while the Releasing Parties is/are participating in. monitoring. observing or in any way engaging in the Activities: (2) hereby agrees to indemnify, defend and save and hold harmless the Equine Parties and each of them from any and all loss, liability, claims, damage, actions, cost or expense (including but not limited to. attomeys' fees and disbursements, ) they may incur due to the Releasing Parties participating in. monitoring, observing or in any way engaging in the Activities; (3) hereby assumes full responsibility for any and all risks of bodily injury, death or property damage to the Releasing Parties while participating in. monitoring, observing and/or in any way engaging in the Activities and hereby assumes full responsibility for the Releasing Parties' safety; (4) hereby expressly acknowledges and agrees that the Activities are dangerous, ultra-hazardous and involve the risk of serious injury and/or death and/or property damage (for instance the propensity of equines to behave in ways which may result in injury, harm or even death to humans or other animals around or near them; the unpredictability of equine reaction to such things as sounds, sudden movements, smells (e.g. shy suddenly. rear. stop short or run with its rider and unfamiliar objects, persons or other animals; hazards related to surface and subsurface conditions; collisions with other equines or objects; the extremely strong, powerful. heavy and unpredicted nature of horses; and, the potential of a participant to act in a negligent or unskilled manner which may contribute to injury to the participant or others, including, without limitation, failing or inability to maintain control over

  • the animal or not acting within his or her ability) and that the Releasing Parties consciously and voluntarily assume all such risk, dangers and hazards inherent in under these circumstances; (5) hereby understand and agree that the Releasing Parties are specifically releasing the Equine Parties from their own negligence; (6) hereby agree to be responsible for all damage caused by the Releasing Parties and their animals, and (7) hereby consents to, and hereby holds harmless, the Equine Parties, from any x-ray, anesthetic, medical or diagnosis or treatment and emergency or hospital service or first aid that may be rendered. including under the general or specific guidance of the EMT. medic, physician, nurse, or hospital [the undersigned acknowledges that this consent to medical treatment is given in advance of any specific diagnosis or treatment that may be required] and the undersigned agrees to pay all fees of expenses and doctors, hospitals, ambulances and medical interventions necessary that are incurred. Iauthorize the Equine Parties to photograph. reproduce and distribute me and/or my Minor Child(ren)'s photograph, photographic likeness, vidcotaped image and or testimonial, individually and/or incorporated into any other works, for any lawful purpose. including, but not limited to. the advertising and/or promotion of and by the Equine Parties, including but not limited to, on and via their social media accounts, and/or press coverage. I understand that I am not entitled to compensation for the use of any of the foregoing materials. In the event of any litigation against the Equine Parties arising directly or indirectly from the Activities or this Agreement, such litigation shall be filed exclusively in Cobb County, Georgia. Such litigation must be filed within one (1) year of the act or occurrence that gives rise to the claim(s) asserted in such litigation. Each of the Releasing Parties further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Georgia, and that if any portion thereof is invalid, it is agreed that the balance shall, notwithstanding. continue to be in full legal force and effect. Iwill not attempt an equine activity that I do not feel prepared to or able to undertake or to ride a horse I do not feel I am able to manage. I understand that the Equine Parties do not warrant or represent the safety, quality or character of any horse loaned, borrowed, leased, or owned by any Equine Party or used by me under instruction or otherwise. I agree to inspect the Premises for hazards before riding on the Premises, as well as taking sole responsibility for my well-being while entering and exiting the Premises. I understand that the Equine Parties do not assure my safety or have any obligation to inspect and/or repair the Premises. Iunderstand and agree that I am releasing the Equine Parties from any liability from teaching me any horseback riding skills or providing any training or equipment. Iagree to wear a well-fitting protective helmet, hard hat or similar protective headgear which meets or surpasses ASTM/SEI standards, fastened securely under my chin while working around or riding horses and to always wear hard-soled, fully enclosed boots with heel while working around or riding horses. The Equine Parties shall not be responsible to see to it that I use this safety equipment it being your sole responsibility to do so. Ihereby declare that I am of legal age and am competent to sign this Agreement. Having read the proceeding, I acknowledge a full and complete understanding of limitations and liabilities and waiver of certain rights and granting of releases contained herein and knowingly consent thereto. I understand that this Agreement does not expire and cannot be revoked or rescinded.

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  • NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN PURSUANT TO SO.C.G.A. 29-2-3: YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY AND THAT YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY. BY SIGNING THIS AGREEMENT. YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE EQUINE PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD OR ANY PROPERTY DAMAGE AS DESCRIBED HEREIN. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT, AND THE EQUINE PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN.

    The undersigned represent(s) that he/she (they) is (are in fact. the parent(s) or natural or legal guardian(s) of the Minor Child(ren and hereby agree to save and hold harmless and indemnify each and all of the Equine Parties from all liability, loss, cost, claim or damage whatsoever that may be imposed upon any Equine Parties because of any defect in or lack of such capacity to execute this Agreement on behalf of, and lawfully bind, the Minor Child(ren

    Parent/Guardian No. 1, Individually and in a Representative Capacity:

    Parent/Guardian No. 2, Individually and in a Representative Capacity:

    Printed Name: Signed: Date: Witness:

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  • Printed Name: Signed: Date: Witness:

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