RELEASE AND WAIVER
AGREEMENT FOR BEST FRIENDS FARM
OWNER EXPRESSLY RELEASES AND WAIVES MANAGER,
BEST FRIENDS FARM, ITS AGENTS AND EMPLOYEES, PROPERTY OWNERS AND/OR HEIRS
FROM ANY AND ALL CLAIMS AND RESPONSIBILITIES FOR BUT NOT LIMITED TO THE
FOLLOWING:
A. ANY SICKNESS, DISEASE,
THEFT, DEATH AND OR INJURY OF THE HORSE, WHICH MAY BE SUFFERED BY THE HORSE
OR ANY OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED
IN ANY WAY WITH THE BOARDING OF SAID HORSE, EXCEPT IF CAUSE IS BY THE
WILLFUL AND WANTON NEGLIGENCE OF THE MANAGER
B. ANY INJURY, DISABILITY
AND OR DEATH CAUSED TO THE OWNER AND OR OWNER’S GUEST(S) AND OR ANY LOSS OR
DAMAGE TO ANY PERSONAL PROPERTY OF OWNER AND OR OWNER’S GUEST(S) WHILE ON OR
OFF BOARDING PREMISES AND IT IS AGREED THAT IT IS THE OWNER’S RESPONSIBILITY
TO CARRY FULL INSURANCE, INCLUDING COVERAGE ON SAID HORSE, AND ALL PERSONAL
PROPERTY
C. ANY AND ALL INHERENT
RISKS AND ASSUMPTIONS OF RISKS WITH HORSES; THE OWNER ACKNOWLEDGES AND
ACCEPTS THAT THERE ARE INHERENT RISKS ASSOCIATED WITH EQUINE ACTIVITIES SUCH
AS DESCRIBED BELOW, AND HEREBY EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH
PARTICIPATING IN SUCH ACTIVITIES; THE INHERENT RISKS INCLUDE, BUT ARE NOT
LIMITED TO THE PROPENSITY OF EQUINES TO BEHAVE IN WAYS SUCH AS, RUNNING,
BUCKING, BITING, KICKING, SHYING, STUMBLING, REARING, FALLING OR STEPPING
ON, THAT MAY RESULT IN AN INJURY, HARM, DISABILITY OR DEATH TO A PERSON ON
OR AROUND EQUINES; THE UNPREDICTABILITY OF EQUINE’S REACTION TO SUCH THINGS
AS SOUNDS, SUDDEN MOVEMENT AND UNFAMILIAR OBJECTS, PERSONS OR OTHER ANIMALS;
CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITION; COLLISIONS WITH
OTHER ANIMALS; THE LIMITED AVAILABILITY OF EMERGENCY MEDICAL CARE, AND THE
POTENTIAL OF A PARTICIPANT TO ACT IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE
TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS FAILING TO MAINTAIN CONTROL
OVER THE ANIMAL OR NOT ACTING WITHIN SUCH PARTICIPANT’S ABILITY
D. ANY AND ALL CLAIMS ARISING FROM
DAMAGE OR INJURY CAUSED BY OWNER’S HORSE TO ANYONE, AND OWNER WILL DEFEND
MANAGER, BEST FRIENDS FARM, ITS AGENTS AND EMPLOYEES, PROPERTY OWNERS AND/OR
HEIRS FROM ANY SUCH CLAIMS. OWNER AGREES TO DISCLOSE ANY AND ALL HAZARDOUS
OR DANGEROUS PROPENSITIES OF THE HORSE BOARDED
E. ANY AND ALL CLAIMS
ARISING FROM DAMAGES SUCH AS BUT NOT LIMITED TO PERSONAL INJURY, DEATH,
PROPERTY LOSS, OR ANY OTHER LOSS SUSTAINED AS A RESULT OF OWNER’S ACTIVITIES
THAT ARE HORSE RELATED.
COMMENCEMENT OF THIS RELEASE AND WAIVER
AGREEMENT WILL BEGIN ON ______________________ ,2008.
RELEASE AND WAIVER SIGNATURE:
PRINTED FULL
NAME_________________________________
PARTICIPANT’S SIGNATURE(or guardian if
student is a minor)____________________________
DATE________________________________________________
CONTACT THE FOLLOWING PERSONS IN CASE OF
INJURY, DEATH, OR OTHER EMERGENCY:
________________________________________________________
HOME
PHONE:__________________________________________
CELL
PHONE:___________________________________________
Release and Waiver Agreement for
Equine Kingdom & Sally Cochran
NOTICE: Please read this document before signing. Signing this document
affirms that you have read it and understand it in its entirety. If you have
any questions, please ask before signing.
The Equine Activity
Liability laws of the State of North Carolina, § 99E-2, require this notice:
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.
This RELEASE of
LIABILITY is made and entered into on this ______ day of _____________, 20
_______, by and between Sally Cochran, hereinafter designated Trainer, and
_______________________________ hereinafter designated Rider, and if Rider
is a minor, Rider’s parent or guardian, _______________________. In return
for the use, today and on all future dates of the property, facilities and
services of Sally Cochran, the Rider, his heirs, assigns, and legal
representatives, hereby expressly agree to the following:
1.
Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM
THE RIDER’S USE OF OR PRESENCE UPON TRAINER’S AND/OR MANAGER’S PROPERTY AND
FACILITIES including, without limitation but not limited to, the risks of
death, bodily injury, property damage, falls, kicks, bites, collisions with
vehicles, horses or stationary objects, fire or explosion, the
unavailability of emergency medical care, or the negligence or deliberate
act of another person.
2.
Rider agrees to hold Trainer and/or Manager and all of their
successors, assigns, subsidiaries, affiliates, officers, directors,
employees and agents completely harmless and not liable and release them
from all liability whatsoever and AGREES NOT TO SUE them on account of or in
connection with any claims, causes of action, injuries, damages, cost or
expenses arising out of Rider’s use of or presence upon Trainer’s and/or
Manager’s property and facilities, including without limitation, those based
on death, bodily injury, property damage, including consequential damages,
except if the damages are caused by the direct, willful and wanton
negligence of the Trainer and/or Manager.
3.
Rider agrees to waive the protection afforded by any statute or law
in any jurisdiction whose purpose, substance and/or effect is to provide
that a general release shall not extend to claims, material or otherwise,
which the person giving the release does not know or suspect to exist at the
time of executing the release.
4.
Rider agrees to indemnify and defend Trainer and/or Manager against,
and hold them harmless from, any and all claims, causes of action, damages,
judgments, costs or expenses, including attorney’s fees, which in any way
arise from the Rider’s use of or presence upon the Trainer’s and/or
Manager’s property and facilities.
5.
Rider agrees to abide by all of Trainer’s and Manager’s rules and
regulations.
6.
If Rider is using his horse, the horse shall be free from infection,
contagious or transmissible disease. Trainer and/or Manager reserves the
right to refuse horse if not in proper health or is deemed dangerous or
undesirable.
7.
This contract is non-assignable and non-transferable and is made and
entered into the State of North Carolina, and shall be enforced and
interpreted under the laws of this state. Should any clause be in conflict
with State Law, then that clause is null and void. When the Trainer,
Manager and Rider and Rider’s parent or guardian, if Rider is a minor, signs
this contract, it will then be binding on all parties, subject to the above
terms and conditions.
_____________________________________
_____________________________________
Rider’s
Signature
Trainer’s Signature
_____________________________________
_____________________________________
Rider’s Parent or
Guardian (If Rider is a minor) Manager’s
Signature
_____________________________________
_____________________________________
_____________________________________
Rider’s Address
Rider’s Telephone Number
Best Friends Farm/Equine Kingdom Riding
Lessons Form
Name of
Student:______________________________________________________________
Date of Birth:___/___/____
Address:_____________________________________________________________________
City:__________________________State:___________________
Zip:___________________
Father’s Name:____________________Phone: (h)________________(c)_________________
Mother’s Name:___________________Phone: (h)________________(c)_________________
Emergency Contact:________________ Phone: (h)________________(c)_________________
Medical Concerns:
_____________________________________________________________
Allergies:_____________________________________________________________________
RIDING LEVEL EVALUATION
Previous Student at Best Friends Farm? YES or NO
If no, has your child attended any other riding camps or taken
lessons elsewhere (please list)?
___________________________________________________
Riding Level: _______________________________________
Riding Level classifications are:
Beginner: little or no riding
experience
Novice: can ride a gentle horse at a
walk or trot
Intermediate: can control the horse
at a walk/trot and has cantered/loped before
Advanced: can control the horse at a
walk, trot, and canter/lope
Number of hours ridden before? _______________________ 0-5, 5-10,
10-15, 15+
Lessons generally run a full hour – including tacking up,
grooming, riding, and untacking. ASTM approved helmets will be used, and all
reasonable measures taken to ensure your child’s safety.
Rider’s Signature_______________________________________________________
Rider’s
Parent or Guardian (If Rider is a minor)_____________________________________
Sally Cochran
equinekingdom@gmail.com
(336) 908-7453 |