1. Rider/Owner is required to wear an ASTM/SEI certified helmet if under the age of 18. All riders are required to wea a helmet when jumping. All riders are required to wear a protective vest when schooling cross country.
2. It is the responsibility of the Rider/Owner to carry full and complete insurance on his/her horse, personal property and himself/herself.
3. Rider/Owner agrees to assume ANY AND ALL RISK INVOLVED IN OR ARISING FROM USE OF OR PRESENCE UPON THE GES PROPERTY AND FACILITIES including, without limitation but not limited to, the risks of death, bodily injury, property damage, falls, kicks, collisions with vehicles, horses or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.
4. A. Rider/Owner agrees to hold GES and all of its successor assigns, subsidiaries, franchisees, affiliates, officers, directors, employees and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on count of, or in connection with any claims, causes of action, injuries, damages, costs or expenses acting out of Rider’s/Owner’s use of or presence upon GES property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damage, except if the damages are caused by the direct, willful and wanton negligence of GES.
B. GES shall not be liable for any loss of property by fire, theft, burglary or otherwise from said premises, building or acreage. GES shall not be liable for any injury or damage whatsoever which may arise or accrue either from its furnishing or its failure to furnish, heat, or air conditioning regardless of the cause, or on account of any defect in the building or premises. GES does not warrant to guarantee the uniformity or safety of any service depending upon electrical or other power. The failure or service of mechanical equipment in use in the building provided by GES shall not be a ground for cancellation of the contract or for nonpayment or abatement or rent, nor construed as curtailment of essential service.
5. Rider/Owner agrees to waive the protection afforded by any statue or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of release.
6. Rider/Owner agrees to indemnify and defend GES against, and hold it harmless from, any and all claims, causes of action, damages, judgements, costs or expenses, including attorney’s fees, which in any arise from Rider’s/Owner’s use of or presence upon GES property and facilities.
7. Rider/Owner agrees to abide by all of GES’s rules and regulations.
8. If Rider/Owner is using his/her horse, the horse shall be free from infection, contagious or transmissible disease.
9. This contract is non-assignable and non-transferrable and is made and entered into the State of Tennessee and shall be enforced and interpreted under the laws of this state. Should any clause conflict with the State Law, then that clause is null and void, but the rest of this Contract shall remain in full force and effect. When GES and Rider/Owner and Rider/Owner’s parent or guardian, if Rider/Owner is a minor, sign this contract, it will then be binding on both parties, subject to the owner terms and owner conditions.
Except as provided in Tennessee Code 44-20-104, an equine activity sponsor, and equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in Tennessee Code 44-20-104, no participant or participant’s representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, and equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activity.
Gammon Equine Services LLC