EQUINE ACTIVITY RELEASE AND WAIVER OF LIABILITY
READ CAREFULLY BEFORE SIGNING
DEFINITIONS AND PARTIES
"Facility Owner" or "Facility":
Dapple Bay Farm, LLC
, a North Carolina limited liability company that owns and operates the equestrian facility located at 754/756 Epps Clark Rd., Siler City, NC (the "Premises").
"Activity": Riding, handling, or other equine-related activity engaged in by Participant at the Premises during the Term. If Participant engages an independent trainer or instructor for lessons or clinics at the Premises, that trainer is not engaged, employed, or supervised by Facility Owner, and the terms of that arrangement are not governed by this Agreement.
"Term": The period beginning on the date this Agreement is signed and continuing for twelve (12) months thereafter, covering all of Participant's visits to the Premises during that period, unless (a) earlier terminated by Facility Owner, or (b) Facility Owner requires re-execution of this Agreement following a material change in Premises rules, staff, or the equines kept at the Premises.
Date signed :
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Month
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Day
Year
2 digit month, 2 digit day, 4 digit year
Date
"Participant": The undersigned individual engaging in Activity at the Premises. If Participant is under 18 years of age, references to "Participant" include, where the context requires, the Parent/Guardian signing on the minor's behalf.
"Parent/Guardian": If Participant is under 18 years of age at the time of signing, the parent or legal guardian who signs this Agreement on the minor Participant's behalf and in the Parent/Guardian's own individual capacity, as set forth in Section 6 below.
1. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any legal proceeding arising from this Agreement or Participant's Activity at the Premises shall be brought exclusively in the state or federal courts located in Chatham County, North Carolina, and Participant consents to the personal jurisdiction of those courts.
2. DETAILED ACKNOWLEDGMENT OF RISKS
I understand that anyone riding, handling, working with, or even near an equine can suffer bodily and other injuries. Specifically, I understand that Equines are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways; back up quickly; run away from danger; trot or gallop; kick, buck, or rear up; spin around; strike; or bite. These reactions may occur without warning and regardless of the equine's previous behavior. I also understand that all equines, even if they have no history of hurting anyone, are powerful, and have the potential to be dangerous to people, equines, and other animals.
Additional inherent risks include but are not limited to the propensity of an equine to behave in ways that may result in injury or death; the unpredictability of an equine's reaction to sounds, sudden movements, unfamiliar objects, persons, or other animals; certain hazards such as surface and subsurface conditions; collisions with other equines or objects; limited availability of emergency medical care; the potential of a participant to act in a negligent manner; and the risk of contracting illness through equine contact, animal waste, or surfaces that have been in contact with animal waste.
I acknowledge that these are just SOME of the risks and I agree to assume others not mentioned above. I am NOT relying on Facility Owner to list all possible risks for me.
3. SAFETY EQUIPMENT AND PREMISES RULES
I understand that equine activities involve inherent risks that can be mitigated through proper equipment and behavior. While protective headgear meeting ASTM-standard/SEI-certification is strongly recommended during mounted activities, I acknowledge that Facility Owner does not provide or verify equipment, and I assume all risks
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associated with my equipment choices. I accept full responsibility for selecting, fitting, and securing any protective gear I choose to use or not use while on the Premises.
I agree to comply with all posted and verbal rules of the Premises. I will communicate clearly about my understanding of any instructions I receive, honestly disclose any physical limitations or concerns, and refrain from attempting any movements or exercises beyond my skill level.
I acknowledge that Facility Owner has complete authority to remove me from the Premises, or to terminate or suspend my Activity, without refund, if my behavior is deemed unsafe or non-compliant with Premises rules. I will immediately comply with any safety-related directives from Facility Owner, understanding that these measures are implemented for the wellbeing of all persons and equines on the Premises.
4. NORTH CAROLINA STATUTORY WARNING
"Under North Carolina Law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes."
5. COMPREHENSIVE RELEASE OF LIABILITY
In consideration for being permitted to engage in Activity at the Premises, I hereby release and forever discharge from liability, and covenant not to sue or bring claims against, Facility Owner and its members, managers, employees, and agents, and other persons using the Premises. This comprehensive release covers all claims arising from ordinary negligence, inherent equine risks, and conditions of the Premises. Participant acknowledges that Facility Owner does not provide instruction, training, or supervision of any kind, and that this release applies regardless of whether Participant has engaged an independent instructor/trainer and regardless of their insurance status.
This release extends to all forms of potential damages, including personal injury or death, property damage, mental distress, medical expenses, and any other claims whether the claims are known, unknown, anticipated or unanticipated. I understand that participation may affect pre-existing conditions. However, I also understand that this release does not apply to injuries directly caused by gross negligence, willful misconduct, intentional harmful acts, or actions specifically prohibited under North Carolina law, which protections I retain as a participant.
6. PARTICIPANT DECLARATIONS
I affirm that I am at least 18 years of age; I am of sound mind and not under the influence of any substances; I have read and fully understand this entire Agreement; I have been given the opportunity to ask questions about this Agreement; I am not relying on any verbal representations outside this Agreement; I intend for this Agreement to be valid and binding today and in the future; all information I have provided is accurate; and I understand this Agreement waives important legal rights.
MINOR PARTICIPANTS. If Participant is under 18 years of age, the Parent/Guardian signing below represents that they are the parent or legal guardian of Participant and have full legal authority to consent to Participant's participation in Activity at the Premises. Parent/Guardian, individually and on behalf of Participant, agrees to all terms of this Agreement, including the release in Section 5. Regardless of the enforceability of that release as to Participant's own claims, Parent/Guardian nonetheless (a) releases Parent/Guardian's own claims, including claims for medical expenses and loss of services, to the fullest extent permitted by law, and (b) agrees to indemnify, defend, and hold harmless Facility Owner from and against any claim brought by, or on behalf of, Participant arising out of Participant's Activity at the Premises, except to the extent caused by Facility Owner's gross negligence or willful misconduct.
INITIAL HERE:
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7. EMERGENCY CONTACTS AND MEDICAL INFORMATION
Emergency Contact Name:
First Name
Last Name
Phone:
Format: (000) 000-0000.
Relationship:
Relevant Medical Information:
8. MEDIA RELEASE (OPTIONAL)
8. MEDIA RELEASE (OPTIONAL)
I grant permission for photos/videos taken at the Premises to be used for promotional purposes.
I decline permission for photos/videos to be used for promotional purposes.
9. SEVERABILITY
If any provision of this Agreement is deemed invalid, only the invalid portion shall be stricken, and the remaining provisions shall remain in full force and effect.
10. ENTIRE AGREEMENT
This document contains the entire agreement between the parties regarding release of liability and assumption of risk for Participant's Activity at the Premises. Any modifications must be in writing and signed by all parties.
SIGNATURE
Participant (or Parent/Guardian if Participant is under 18): Signature:
Date:
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Month
-
Day
Year
2 digit month, 2 digit day, 4 digit year
Date
Print Name:
First Name
Last Name
If signing as Parent/Guardian on behalf of a minor Participant, relationship to Participant:
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