Wind Hill Liability Waiver

In consideration for being permitted by Wind Hill Equine, LLC to ride one or more horses that I own, or has been lent to me by Wind Hill Equine, LLC, while at Wind Hill Farm, 7249 Pleasant Street, Loudon, New Hampshire, I agree on behalf of myself and my personal representatives, heirs and next of kin as follows: 

1. Assumption of Risk: I recognize that viewing, riding, handling, mounting, walking, and feeding my horse(s) ("Equestrian Activities") are dangerous and involve a high degree of risk, including injury, death, and the unavailability of emergency medical care. I assume such risk, and I further acknowledge and understand the behavior and temperament of horses in unpredictable and that there are inherent risks in Equestrian Activities that cannot be eliminated, including: the propensity of equines to behave in ways (such as running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on) that may resul tin injury, harm, or death to persons on or around them; the unpredictability of an equine's reactions to such things as sounds, sudden movement, and familiar and unfamiliar objects, persons, or other animals; certain hazards related to the surface and subsurface of areas where Equestrian Activities occur; collisions with other equines; injury to, or illness or death of, any equines that I may bring onto the Premises; collions with objects, including, but not limited to, the ground and objects on the ground, jumps, fences, ramps, tires, buildings, farm implements, automobiles, trees, and other natural and unnatural objects located directly in or accessible to the area where Equestrian Activities occur, both in the outdoor riding arena and obstacle course, as well as, throughout the property riding trails; and the potential for me or others participating in Equestrian Activities to act in a manner that may cause or contribute to injury, harm, or death to myself or others, for example by failing to maintain control over the animal or failing to act safely within one's own ability. 

I assume full responsibility for any activities in which I engage in while at Wind Hill Farm, their outdoor riding ring, horse obstacle course, riding trails, both natural and groomed, and/or inside and outside of the stables and facilities. I understand that under New Hampshire law, I have the sole responsibility for knowing the range of my ability to manage, care for, and control my horse or perform equine activities, and it is my duty to act within limits of my own ability, to maintain reasonable control of my horse at all times while participating in the Equestrian Activities, to heed all posted warnings, and to refrain from acting in a manner that may cause or contribute to the injury of any person. 

I assume all risks associated with equestrian activities. I even assume risks that may arise from the negligence of: Wind Hill Equine, LLC, Wind Hill Farm and their outdoor riding arena, horse obstacle course and natural and groomed riding trails, as well as the stables and other facilities, any other persons or entities that may own, lease, rent, or control Wind Hill Farm and the outdoor riding arena, horse obstacle course and natural and groomed riding trails, as well as stables and other facilities, and/or any of the horses or property on those Premises ("Releases").

WARNING: UNDER NEW HAMPSHIRE LAW, AN EQUINE ACTIVITY SPONSOR, AN EQUINE PROFESSIONAL, AND ANY OTHER PERSON ENGAGED IN AN EQUINE ACTIVITY, WILL NOT BE LIABLE FOR AN INJURY OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. (STATE OF NEW HAMPSHIRE REVISED STATUTES ANNOTATED 508:19).

2. Compliance with Rules: I agree to abide by all rules and regulations established byWind Hill Equine, LLC and acknowledge that they have provided me with a copy of orposted such rules and regulations in a clearly visible and prominent location and that I have reviewed them prior to signing this Release.

3. Use of Personal Horse. I agree that any horse that I ride at Wind Hill Farm shall befree from infection and contagious disease. I agree that Wind Hill Equine, LLC mayrefuse to allow me to 1ide my horse if, in their sole and absolute discretion, they deem said horse not to be in proper health, or otherwise dangerous or undesirable.

4. Use of Proper Footwear and Head-Gear: I agree that any time I ride I will wear heeled footwear and an ASTM/SEI certified riding helmet in order to reduce injuries that could arise from an accident while 1iding.

5. Medical Condition, Insurance, and Consent to Treatment:I do not have any physical condition or limitation that would prevent me from participating in Equestrian Activities. I acknowledge and understand that Wind Hill Equine, LLC strongly recommends that I not participate in Equestrian Activities unless I have medical insurance sufficient to cover both minor and serious bodily injuries arising from Equestrian Activities and that I also have disability insurance. I consent to receive any and all medical treatment that may be deemed advisable by Wind Hill Equine, LLC, in their sole judgment, in the event of injury, illness or accident. Wind Hill Equine, LLC may rely on the information I provide on the Medical Information Form, attached to this Release.

RELEASE AND COVENANT Not to Sue and Idemnification: I release the Releasees and I AGREE NOT TO SUE ANY RELEASEES for any loss, injury, or death to my person or property, including the horses in any way arising in connection with my participation in Equestrian Activities or my prescence at Wind Hill Farm or for any other purpose; and 

I AGREE TO IDEMNIFY, DEFEND, AND SAVE AND HOLD HARMLESS THE RELEASEES, AND EACH OF THEM, FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THAT MIGHT BE SUSTAINED BY ME, A HORSE, OR ANY OTHER PERSON IN CONNECTION WITH MY PARTICIPATION IN EQUESTRIAN ACTIVITIES OR MY PRESCENCE AT WIND HILL FARM, THE STABLES, OR OTHER FACILITIES ON, IN, OR AROUND THE FARM, FOR ANY OTHER PURPOSE, WHETHER OR NOT SUCH LOSS OR INJURY IS CAUSED BY THE NEGLIGENCE OF ANY RELEASEES.

6. Choice of Law, Jurisdiction, and Venue: This Release shall be governed by New Hampshire Law. I agree to submit to personal jurisdiction within the State of New Hampshire and further agree that the exclusive venue for resolving disputes arising in connection with this Release shall be in state or federal court in the State of New Hampshire. 

7. Modification of Waiver and Release of Liability: Any modification of this Release or additional obligation assumed by me or the Releasees will be binding only if in writing signed by each party or his or her authorized representative.

8. Severability: The invalidity of any portion of this Release shall not affect the validity of any other provision in this Release. In the event that any provision of this Release is held to be invalid, the remaining provisions will continue in full force and effect. 

9. Costs and Attorneys' Fees: In the event that any costs are incurred to enforce any covenant contained in this Release, I agree to pay such costs, including reasonable attorneys' fees and costs.

10. Miscellaneous: I agree that Wind Hill Equine, LLC includes any and all of theur employees, agents, and volunteers, any business entity that they have any ownership stake in or for which they serve as a director, officer, or manager, and any trust of which they are a trustee or beneficiary and their successions and assigns. 

This is to certify that I, as parent/guardian with legal responsibility for the rider identified below, do consent and agree to his/her release as provided above of all the Releasees, and each of them. For myself, my heirs, assigns, and next of kin, I AGREE to all of the above provisions and AGREE to assume all obligations of this Release on my minor child's behalf. I release, and agree to idemnify and hold harmless, the Releasees, and any of them, from any and all liabilities incident to my minor child's observation, involvement, or participation in Equestrian Activities or otherwise arising in connection with my minor child's prescence on the Premises, as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, OR ANY OF THEM.