General Release- Haviland Hollow Farm, LLC
ADVERTENCIA
ESTE ES UN DOCUMENTO DE GRAN IMPORTANCIA LEGAL. SU FIRMA
CONSTITUYE UNA LIBERACIÓN DE POSIBLES RECLAMACIONES QUE PUDIESEN
AFECTARLO A USTED Y SU FAMILIA Y EN CONSECUENCIA USTED ESTARÍA
ACORDANDO NO DEMANDAR. EN CASO DE QUE USTED DEMANDE, SE HACE
RESPONSABLE DE LOS COSTOS, HONORARIOS DE ABOGADO Y POSIBLES DAŃOS
Y PERJUICIOS QUE PUEDA OCASIONAR.
AL SUSCRIBIR ESTE DOCUMENTO USTED ADMITE NO HABER SIDO FORZADO NI
ENGAŃADO PARA LOGRAR OBTENER SU FIRMA, Y UN RECONOCIMIENTO DE SU
PARTE DE HABER TENIDO TIEMPO Y OPORTUNIDAD SUFICIENTE DE CONSULTAR
CON UN ABOGADO CON RESPECTO AL CONTENIDO DE ESTE DOCUMENTO ANTES
DE SUSCRIBIRLO.
SU FIRMA CONSTITUYE UNA ADMISIÓN DE HABER COMPRENDIDO TODOS SUS
TÉRMINOS Y CONDICIONES, Y ESTANDO CONSCIENTE DE SU SIGNIFICADO,
HABER FIRMADO ESTE DOCUMENTO LIBRE Y VOLUNTARIAMENTE
The above is the Spanish translation of the below “Warning” paragraph.
WARNING
THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT
YOU ARE RELEASING CLAIMS THAT MAY AFFECT YOU AND YOUR FAMILYAND
YOU ARE AGREEING NOT TO SUE. UNDER THIS DOCUMENT, IF YOU SUE, YOU
WILL BE RESPONSIBLE FOR COSTS, ATTORNEY’S FEES AND POSSIBLY DAMAGES
AS WELL. IN SIGNING THIS DOCUMENT YOU
ADMIT THAT YOU WERE NOT FORCED OR MISLEAD TO SIGN IT, AND
THAT YOU HAD TIME TO CONSULT AN ATTORNEY ABOUT IT BEFORE
YOU SIGNED IT. IN SIGNING THIS DOCUMENT YOU ADMIT YOU
UNDERSTOOD ALL OF ITS TERMS AND, HAVING THAT UNDERSTANDING,
YOU SIGNED THE DOCUMENT FREELY AND WILLINGLY.
RELEASE, WAIVER OF LIABLITY AND INDEMIFICATION AGREEMENT
DEFINITIONS.
“Activities” shall include:
a. Equestrian, and other sporting activities, including without limitation, riding, trail
riding, fox hunting, polo riding and playing,
b. Boarding, training, exercising, pasturing, caring for, preparing horses for
equestrian activities, loading and unloading horses, or any other use of, or
relationship to, horses or other animals, and
c. Any other kind of physical, recreational or other activity where I exert myself in
any amount, including walking, with or without animals.
“Released Parties” shall include Samuel A. Ramirez, Jr., Fabiana Ramirez, Haviland Hollow
Farm, LLC, Ramirez Properties, LLC, Ram Fin Equine, LLC, NYC Polo Club, and all the
officers, directors, shareholders, members, managers, employees, invited guests, and agents of
such parties.
STATEMENT OF RELEASE. In signing this general release (Release), I acknowledge and intend that it shall be effective as a bar to every claim mentioned or implied. I acknowledge and agree that this waiver is an essential and material term of this Release and that without such waiver I would not have engaged in any Activities.
In exchange for being permitted to engage in Activities, or to be upon the Released Parties’ real property for any reason, I, for myself, my heirs, guardians, and legal representatives, release and agree to refrain from bringing a claim of any kind against Released Parties, or any of their personal representatives, heirs, successors, and assigns, for any injury or death to me, or any damage to my property, whether arising from anyone's negligence or not, or any other cause, arising out of my use of or being on the Released Parties’ real property, or my participation in any Activities, with or without the Released Parties.
SCOPE OF RELEASE. I understand and agree that the terms of this Release shall include any claim arising from my participation in any Activities, arising both on and off the Released Parties’ real property. The intent of this Release is to release all claims, regardless of where they may have arisen or occurred. I expressly consent that this Release shall be given full force and effect according to each and all
of its express terms and provisions, including those relating to unknown and unsuspected claims if any, as well as those relating to any other claims mentioned or implied. I agree to indemnify and hold harmless and defend Released Parties from any and all claims of every kind, known and unknown, present and future, that I may have arising out of, connected with, or in any way related to the Activities or my participation therein.
ASSUMPTION OF RISK. I have fully informed myself of all the details of the Activities and have received satisfactory answers to all questions I have concerning the Activities and the risks inherent in the Activities. I recognize and acknowledge that the Activities involve risk of bodily injury, death, and property damage. I agree to, and do hereby, assume the full risk of all injuries or damage, including death, to me or my property, including without limitation, my horses, dogs, other animals of mine, or any of my equipment, while competing, officiating in, working or for any purpose participating in Activities.
REPRESENTATIONS. I represent and acknowledge that prior to signing this document I had the opportunity to seek counsel concerning its terms and effect. If I did not seek the advice of counsel, this was only because I chose not to. I further represent that I have not been coerced, misled or forced into signing this agreement. I further state that I am of lawful age and legally competent to sign this affirmation and release; that I understand the terms in this document are contractual and not a mere recital; and that I have signed this document as my own free act. I have read its terms, understand them, and freely make this agreement.
WAIVER OF PUBLICITY RIGHTS. I hereby give Released Parties, their legal
representatives, and assigns, those for whom Released Parties are acting, and those acting with Released Parties’ permission, the right and permission to copyright and/or use, reuse and/or publish, and republish photographic pictures or videos of me, or in which I may be distorted in character, or form, in conjunction with my own or a fictitious name, on reproductions thereof in color, or black and white made through any media by Released Parties at their place of business or elsewhere, for any purpose whatsoever; including the use of any printed matter in conjunction
therewith. I hereby waive any right to inspect or approve the finished photograph or advertising copy or printed matter that may be used in conjunction therewith or to the eventual use that it might be applied.
REMEDIES. I further agree that in the event I should bring a claim seeking damages against the Released Parties, or in the event I should seek to recover against the Released Parties in any claim brought by a governmental agency on my behalf, this Release shall serve as a complete defense to such claims to the maximum extent permitted by law. I shall pay the Released Parties reasonable attorneys’ fees and additional expenses incurred to enforce this Release.
INTERPRETATION OF RELEASE. I agree that this Release is intended to be as broad and inclusive as permitted by the laws of New York, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. GOVERNING LAW. This agreement shall be construed and enforced pursuant to the laws of the State of New York. Any question concerning this agreement’s interpretation or enforcement shall be determined in the Supreme Court, Putnam County, New York.