Equestrian Activity Liability Agreement and Risk acknowlegement Logo
  • Equestrian Activity Liability Agreement and Risk Acknowledgement

    UNDER NEW YORK LAW, AN EQUINE ACTIVITY SPONSOR, AN EQUINE PROFESSIONAL, OR ANY OTHER PERSON SHALL NOT BE LIABLE FOR AN INJURY TO

    OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF

    EQUINE ACTIVITIES, EXCEPT UNDER CERTAIN CIRCUMSTANCES.

    SECTION 18-404 OF THE GENERAL OBLIGATIONS LAW

  • 1. Parties. The parties to this EQUESTRIAN ACTIVITY LIABILITY AGREEMENT AND RISK ACKNOWLEDGMENT ("Agreement") are Blue Jay Meadows ("Stable"), ("Equestrian") and if Equestrian is under the age of ("Parent"

    2. Nature of Equestrian Activities. Numerous obvious and non-obvious risks are inherent and always present in horseback riding, despite all safety precautions. Although all horses used by Blue Jay Meadows have been well trained, they are all animals and cannot be made completely safe. All horses may: stop short, change direction or speed at will, shift their weight from side to side, buck, rear, bite, kick or run from danger. These risks exist for anyone around a horse, whether mounted or on the ground. Equestrian and Parent acknowledge these risks and affirmatively state that they are not relying on Blue Jay Meadows to advise of all risks.

    3. Waiver and Indemnification. In consideration of Equestrian using and being present at Blue Jay Meadows, Equestrian and Parent agree to hold harmless and release Blue Jay Meadows, its shareholders, agents, employees, officers, directors, representatives, assigns, affiliated organizations, insurers and others acting on behalf of Blue Jay Meadows from all claims, demands, causes of action, and legal liability whether the same be known or unknown, anticipated or unanticipated, and even if due to the negligence and/or acts or omissions of other equestrians. Equestrian and Parent further agree to waive all rights which may otherwise arise from an injury to Equestrian or Parent and shall not bring any claims, demands, legal actions or causes of action, against Blue Jay Meadows, those person described above, or any person or entity, for any economic or non- economic losses due to bodily injury, death, or property damage arising out of the activities of Blue Jay Meadows or Equestrian's or Parent's presence on Blue Jay Meadows property. Equestrian and Parent agree to be responsible for any and all damages, injuries, and or loses of life caused by Equestrian or Parent or horse in the care, custody and control of Equestrian, and to indemnify Blue Jay Meadows and all related parties

  • described above, for any losses or expenses, including but not limited to attorneys' fees, which Blue Jay Meadows incurs in connection with any such claims.

    4. Assumption of Risk. Equestrian and Parent acknowledge that failure to follow Blue Jay Meadows rules and/or the directions of Blue Jay Meadows staff may put him at risk of, or increase the risk of, personal injury. Equestrian and Parent acknowledge that he bears the responsibility for Equestrian's safety and Equestrian should not participate in any equestrian activity unless s/he is confident that Equestrian can do so safely. Participation in equine activities at or with Blue Jay Meadows constitutes a knowing and voluntary assumption of all risks associated with such activities or being present on Blue Jay Meadows property, including but not limited to inherent risks and the risk of negligence by Blue Jay Meadows or others. This assumption of risk operates as a bar to recovery for any claim for injury or damage.

    5. Helmet Requirement. Blue Jay Meadows requires that Equestrian provide and wear his own properly fitting ASTM/SEI riding helmet. Equestrian and Parent acknowledge that wearing a properly fitted and secured equestrian riding helmet which meets or exceeds the quality standard of the SEI Certiifed ASTM Standard F1163 while riding, mounting, dismounting and being near horses may reduce the severity of head injuries or prevent death occurring as the result of a fall or other occurrence. Blue Jay Meadows makes no representation as to the condition, effectiveness or suitability of any helmet used by Equestrian. All helmet related risks are assumed by Equestrian and Parent.

    6. Guests. Should Equestrian or Parent bring to Blue Jay Meadows an individual who has not executed a copy of this Agreement, Equestrian and Parent shall educate the guest as to the risks of being around horses and horse operations, supervise the guest, be solely responsible for the safety of the guest, and shall be responsible for any injury or lose caused by or suffered by the guest.

    7. Permission to Treat. Equestrian and Parent understand that Blue Jay Meadows does not normally administer medications and will do so only when directed in writing by Equestrian or Parent. However, in the unexpected event of a medical emergency, the employees or agents of Blue Jay Meadows have permission to provide, seek, and authorize medical attention and services, including but not limited to first aid or emergency medical services, for the undersigned or for any veterinarian attention or services for any horse owned or leased by the undersigned. Blue Jay Meadows assumes no obligation with respect to such

    8. Miscellaneous. This Agreement (a) contains the entire agreement between the Equestrian, Parent and Blue Jay Meadows and supersedes all prior

  • contemporaneous, written or oral negotiations, agreements or promises or understandings between or among the Parties regarding the terms hereof; (b) may not be amended or modified except in writing signed by Equestrian, Parent, and a representative of Blue Jay Meadows; (c) shall be construed and enforced in accordance with the laws of the State of New York; (d) has been carefully reviewed and is fully understood by the undersigned and, if desired has been reviewed by their independent counsel, (e) shall be binding upon Blue Jay Meadows, Equestrian, Parent and Equestrian's and Parent's heirs and estates, and (f) shall be for the benefit for officers, directors, shareholders, employees, and agents of Blue Jay Meadows. When the context in which words are used in this Agreement indicate that such is the intent, words in the singular shall include the plural and vice versa. The masculine gender shall include the feminine and neuter. The Parties further agree that if any paragraph or part of this Agreement is found void or unenforceable, the remainder of this Agreement shall not be affected by such a finding.

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