Release and Waiver of Liability
IMPORTANT: READ CAREFULLY BEFORE SIGNING
I desire to attend and/or participate in an equine-assisted or equestrian event or activity made available to me by:
- Equuvation Incorporated;
- Rocky Creek Ranch LLC;
- The Discovery Trail at Rocky Creek; and
- Synapse Canine Learning Center, LLC.
In choosing to attend and/or engage in the activities, I hereby acknowledge and agree, freely and voluntarily and without duress, to execute this Release under the following terms:
1. Rules and Guidelines. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given.
2. Waiver and Release. I forever release, discharge and hold harmless all above named organizations, their staff, volunteers, and affiliates from any and all liability, claims, actions, and demands, either in law or in equity, which arise or may hereafter arise from these activities and/or events. I understand and acknowledge that this Release discharges all above named organizations and their affiliates from any and all liability, claims, actions, demands or suits that I (or my legal guardian) may have against them with respect to bodily injury, personal injury, illness, death, or property damage that may result from my participation in equine-related activities. It is also understood that all above named organizations do not assume any responsibility for or obligation to provide financial assistance or other assistance of any kind, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage.
3. Insurance. I understand that I expressly waive any such claim(s) for compensation or liability on the part of all above named organizations in the event of such injury or medical expense.
4. Medical Treatment. I hereby release and forever discharge all above named organizations from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my time participating in these activities or events.
5. North Carolina Statutory Limitation on Liability. I hereby acknowledge the following statutory limitation on liability—Under North Carolina law, an equine activity sponsor or equine professional is not liable for any injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities (pursuant to Chapter 99E of the North Carolina General Statutes).
6. Inherent Risks and Assumption of Risk. I acknowledge and understand that there are inherent risks associated with being on an agricultural property where there are horses, donkeys, goats, and other animals. The inherent risks include, but are not limited to, the propensity of animals to behave in ways such as, running, biting, kicking, shying, stumbling, falling or stepping on persons, that may result in an injury, harm or death to persons on or around them; the unpredictability of an animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; the limited availability of emergency medical care; and the potential of humans to act in a negligent manner that may contribute to injury to myself or others, such as failing to maintain control over the animal or not acting within my ability.
7. Photographic Release. I grant and convey to all above named organizations any and all rights, title, and interest in any and all photographic images, video and/or audio recordings made during my participation in these activities or events.
8. Covid-19 and other infectious disease. I am aware of the risks of contracting or spreading Covid-19 or another infectious virus/disease while participating in an activity or event during the time of a pandemic outbreak, high risk virus seasons (flu, etc). I am aware that in-person experiences increase my risk of contracting and passing on Covid-19, Coronavirus or another infectious virus/disease and agree to hold harmless all above named organizations and all other individuals I may come in contact with during this interaction. I agree to and will follow all guidelines for personal hygiene, personal safety and public safety as recommended. I agree to stay home should I have personally presented with illness and/or tested positive within the previous 48 hours, including; cough, sneezing, fever, chest congestion or additional signs of potential spread of any virus or bacteria/disease.
9. Other. I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina, and that this Release shall be governed by and interpreted in accordance with the laws of the State of North Carolina. I agree that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be in full force and effect. I express my full understanding of this Release and voluntarily elect to abide by all of its terms and conditions.