Assumption of Risk, Release of Liability, and Indemnification Agreement
This Agreement is made between Christina Walsh, any affiliated business entity including Promise Farm, LLC, and the property owners including Melissa Murphy, Christopher Rafano, and Christopher James Rafano (collectively referred to as the “Released Parties”), and the undersigned Participant/Rider (or the Participant’s parent or legal guardian if under 18 years of age).
This waiver remains valid for all activities and future visits unless revoked in writing.
1. Acknowledgment of Risk
Participant understands that equine activities involve inherent risks that may result in serious injury, permanent disability, or death.
These risks include, but are not limited to:
- Horses may bite, kick, buck, rear, bolt, stumble, or fall
- Horses may react unpredictably to sounds, sudden movement, animals, people, or objects
- Collisions with other horses, people, vehicles, or structures
- Hazards associated with barns, arenas, fences, equipment, and uneven ground
- Risks arising from riding, handling, grooming, feeding, tacking, leading horses, volunteering, spectating, or merely being present on the property
- Participant voluntarily assumes all risks, known and unknown, foreseeable and unforeseeable, associated with equine activities and presence on the property.
2. Activities Covered
This Agreement applies to all activities occurring on the property or through services provided by any of the Released Parties, including but not limited to:
- Riding lessons
- Horse training
- Horse leasing
- Horse boarding
- Summer camps and educational programs
- Pony rides and pony parties
- Clinics and demonstrations
- Grooming, feeding, and horse care
- Spectating or accompanying riders
- Working student or volunteer activities
- Use of the property for any purpose, whether mounted or unmounted
- Being present anywhere on the property, whether participating or not
3. Release of Liability
To the fullest extent permitted by the laws of the State of New Jersey, the Participant releases, waives, and agrees not to sue the Released Parties, including:
- Christina Walsh
- Promise Farm, LLC, and any related business entities
- Property owners, including Melissa Murphy, Christopher Rafano, and Christopher James Rafano
- Landowners, lessors, and lessees
- Employees, volunteers, assistants, trainers, and independent contractors
- Any affiliated individuals or entities
from any and all claims, demands, causes of action, damages, losses, or liability, including those arising from:
- Personal injury or death
- Property damage or loss
- Negligence of any kind
This release applies even if caused in whole or in part by the ordinary negligence of any Released Party, but does not apply to acts of gross negligence or willful misconduct, where such limitation is prohibited by New Jersey law.
4. Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, costs, and expenses (including attorney’s fees) arising out of or related to:
- Participant’s actions or omissions
- Participant’s presence on the property
- Any injury or damage caused by the Participant to persons, animals, or property
5. Emergency Medical Authorization
Participant authorizes any of the Released Parties to obtain emergency medical care if deemed necessary and agrees to be financially responsible for all associated costs.
6. Insurance Responsibility
Participant acknowledges and agrees that they are solely responsible for maintaining:
- Personal health insurance
- Insurance for any horse owned, boarded, or leased
- Insurance for personal property brought onto the premises
7. New Jersey Equine Activity Warning
WARNING:
Under New Jersey law, an equestrian area operator is not liable for an injury to or the death of a participant in equine animal activities resulting from the inherent risks of equine animal activities pursuant to P.L. 1997, c. 287 (C.5:15-1 et seq.).
8. Binding Effect
This Agreement shall be binding upon the Participant and their:
- Heirs
- Executors
- Administrators
- Assigns
- Family members
and shall apply to all current and future visits to the property.
9. Acknowledgment
By signing below, Participant acknowledges that they:
- Have read and fully understand this Agreement
- Understand that they are giving up substantial legal rights
- Sign this Agreement voluntarily