RELEASE & INDEMNITY

This Agreement (“Agreement”) is entered into by the undersigned in favor of MB POLO CLUB LLC., a New York limited liability company, Owner/Operator of those certain ranch, equestrian and polo operations located at (i) Bethpage State Park, (ii) on Whitney Lane in Old Westbury, New York, (iii) at Caumsett State Park, and (iv) Groton Place, (hereinafter the “Facilities”) as well as Groton Place LLC, Country Farms Polo, Inc., and their managers, officers, trustees, beneficiaries, employees, agents, owners, partners, shareholders, assigns, principals, representatives, successors, heirs, executors, administrators, subsidiaries, affiliates, and all other persons, firms, corporations, associations or partnerships associated with those entities (who are all collectively referred to herein as the “Released Parties” and/or a “Released Party” if in the singular). In consideration for the undersigned being permitted to play polo, board horse(s), pasture horse(s) and/or otherwise use any of the Facilities for any equestrian or other activity (hereinafter the “Activities”), the undersigned do hereby acknowledge and agree as follows:

 

RELEASE & WAIVER. On behalf of myself, my heirs, successors and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION OR OTHER HARM OF WHATEVER NATURE, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUSTAINED OR SUFFERED BY ME AS A DIRECT OR INDIRECT CONSEQUENCE OF THE ACTIVITIES (OR OTHER PRESENCE) OF MY HORSE(S) AND/OR MYSELF AT ANY OF THE FACILITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

I fully understand that this RELEASE relates to circumstances and occurrences that, if they do occur, will take place in the future, only after this release and waiver are given by me, and that as such, the exact nature of the occurrences and the resulting injury or loss is by definition unforeseeable. I also understand that the extent of possible loss or damage may include serious bodily injury or even death or serious and substantial loss or destruction of my personal property. Understanding and acknowledging the risk(s) I am assuming and the release from liability that I am granting the Released Parties, I hereby expressly waive any claims or rights which I may otherwise have relating to the release of unknown claims.

WAIVER OF ANY LAWSUIT. I hereby agree that neither I, nor any of my employees, agents, heirs, successors or assigns will bring any lawsuit, demand for compensation or other claim against, or otherwise seek to recover or obtain redress from or attach the property or assets of any of the Released Parties, for any loss or damage arising or resulting directly or indirectly from the Activities upon any of the Facilities or any other presence of myself and/or my horse(s) at or upon the Facilities or any other premises of any of the Released Parties.

 

INDEMNITY. I hereby agree to indemnify, defend, and hold each of the Released Parties harmless from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses, including but not limited to attorney’s fees, arising from or in any way related to any injury, illness or death of any person or the damage, destruction or loss of any of my or any other person’s property which might result, directly or indirectly, from my and/or my horse(s)’ presence upon the Facilities (including conveyance of the horse(s) to and from any of the Facilities) or from any horse(s) owned by me or in my control. I further agree to remove my horse(s) from any of the Facilities promptly upon notice from any of the Released Parties, and to indemnify the Released Parties from any cost or expense associated with the horse(s) including cost of disposition if I fail to promptly remove my horse(s).

 

HAZARDOUS ACTIVITY. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE INHERENTLY HAZARDOUS, AND I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH FULL KNOWLEDGE OF THE DANGER INVOLVED. I am aware and understand that horses are powerful, unpredictable, and potentially uncontrollable animals. All horses, even those that are well trained and appear calm and docile, may and will buck, rear, kick, bite, run and bolt uncontrollably, without warning, and without apparent cause or in response to external stimuli (such as wind, sound, or movement of people, other horses, other animals, motor vehicles, bicycles, machinery, doors, or other inanimate objects) that may induce fear, panic, anger, or reflex actions in the horse. I am aware and understand that serious, permanent bodily injury and disability or death of myself, or others within the vicinity of horses, may result from the handling, care or riding of horses, or being in the vicinity of horses, and that horses and other property belonging to me or others may be, as applicable, killed, injured, or damaged.  I HEREBY AGREE TO ACCEPT AND ASUME ANY AND ALL RISKS OF INJURY (INCLUDING PERMANENT BODILY INJURY AND DISABILITY), ILLNESS, DISEASE, OR DEATH TO MYSELF AND TO ALL OTHER PERSONS, AND ALL FINANCIAL LOSSES, INJURY DAMAGES, DESTRUCTION, AND LOSS OF MY PROPERTY AND OTHER PERSONS’ PROPERTYARISING FROM THE ACTIVITIES AT THE FACILITIES BY ME OR OTHER PERSONS, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE. I FURTHER UNDERSTAND THAT IT IS MY RESPONSIBILITY TO BE INSTRUCTED IN THE PROPER METHODS OF THE ACTIVITIES AND THAT I SHOULD WEAR PROPER SAFETY EQUIPMENT AT ALL TIMES WHILE INVOLVED IN THE ACTIVITIES INCLUDING, WITHOUT LIMITATION, A HELMET AND RIDING BOOTS.

 

CONDITIONS AT THE PROPERTY.   I am aware and understand that in the ordinary course of business, motor vehicles (with or without horse trailers) and bicycles continuously enter and exit the Facilities in close proximity to the areas, and in the same areas, in which the Activities are conducted. Furthermore, tractors and other machinery are used on a daily basis in the operation, maintenance, and repair of the Facilities, people are working, walking, running, riding, and handling horses, lunging, and “turning out” horses, dogs barking or running loose, cats running, non-domesticated animals running, flags and other objects wave, and other activities, conditions, and distractions occur at the Facilities, all on a daily basis, in close proximity to where the Activities are conducted. Such times, activities, conditions, and objects may cause horses to react in an unpredictable manner, without warning. I ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY, DISABILITY, DEATH, DAMAGE, AND LOSS THAT MAY RESULT TO ME OR ANY OTHER PERSONS, AND TO MY HORSE OR PROPERTY AND TO OTHER PERSONS’ HORSES OR PROPERTY, FROM ANY SUCH REACTION OF MY OR ANY OTHER HORSE.    I am aware and understand that the Facilities are uncovered, and that rain or run-off may enter the Facilities, causing the surfaces where the Activities are conducted  to become slippery, and that the slippery nature of the surface may not be apparent upon visual inspection. I am also aware and I understand that the roads, fields, and other grounds and fields at the Facilities may at any time be wet, icy, slippery, rutted, eroded, or rocky or contain holes. I HEREBY ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY, DISABILITY, DEATH, DAMAGE, AND LOSS TO MYSELF AND TO ANY OTHER PERSON, AND TO MY HORSE OR PROPERTY AND OTHER PERSONS’ HORSES AND PROPERTY, WHETHER OR NOT SUCH HORSES OR PROPERTY ARE UNDER MY CONTROL, AS IS CAUSED BY OR RESULTING FROM THE CONDITION OF THE FACILITIES, AND CONDUCTING THE ACTIVITIES AT SUCH FACILITIES, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE.

 

PERSONAL PROPERTY: I agree that if I bring any personal property to the Facilities, and if I store or leave any personal property at the Facilities, I will do so at my own risk, and none of the Released Parties shall have any liability in the event of loss, damage, unauthorized use (by any person other than a Released Party), or theft of any such property.

 

NEW YORK LAW & LOCAL JURISDICTION. This Agreement shall be governed by and interpreted according to the laws of the State of New York. Any action or proceeding arising hereunder or in any other manner connected with my participation in the Activities shall be brought solely in the Supreme Court of the County of Nassau, New York. I FURTHER UNDERSTAND THAT THE TERMS OF THIS EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT MEAN THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER NEW YORK LAW.

 

SEVERABILITY. I acknowledge that this Agreement is intended to be as broad and inclusive as is permitted under New York law. If any portion of this Agreement is determined to be invalid, illegal or unenforceable, that portion shall be severable here from, and the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.

 

REPRESENTATIONS AND WARRANTIES. I hereby represent and warrant that:

I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON. I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT I AM RELEASING AND SURRENDERING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT REPRESENTS MY PROMISE AND AGREEMENT NOT TO SUE AND A RELEASE OF AND INDEMNITY FOR ALL CLAIMS WHICH I MIGHT OTHERWISE HAVE AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY. I HAVE BEEN ACCORDED THE OPPORTUNITY TO SEEK, AND I HAVE BEEN ADVISED TO SEEK, LEGAL COUNSEL TO EXPLAIN AND INTERPRET IT FOR ME. I HAVE BEEN ACCORDED THE OPPORTUNITY TO ASK QUESTIONS AND OBTAIN ANSWERS TO MY SATISFACTION. I FULLY UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS THE RESULTING CONSEQUENCES FOR ME.

FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.