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RELEASE OF LIABILITY
THIS RELEASE OF LIABILITY is
made and entered into this __ day of _________, 20__ ,by and between EAS-08,
hereinafter designated MANAGER and ____________________, hereinafter designated
RIDER/ SPECTATOR /GUEST; and if Rider/Spectator/Guest is a minor, Rider's /Spectator's
/Guest's guardian, __________________. In return for the use, today and on all
future dates, of the property, facilities and services of the Manager, the Rider/Spectator/Guest,
his heirs, assigns, and legal representatives, hereby expressly agree to the following:
1.
Rider/Spectator/Guest agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING
FROM RIDER'S/SPECTATOR'S/GUEST'S USE OF OR PRESENCE UPON MANAGER'S PROPERTY, PUBLIC
PROPERTY, OTHER OWNER'S PROPERTY, INCLUDING HORSES, EQUIPMENT AND FACILITIES,
and 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 of deliberate act of another person.
2. Rider/Spectator/Guest
agrees to hold Manager and all of its successors, assigns, the property owner,
staff and family, subsidiaries, franchises, affiliates, officers, directors, employees
and agents completely harmless and not liable and release them from all liability
whatsoever and AGREES NOT TO SUE, NOR ALLOW ANY AGENT OF Rider/Spectator/Guest
TO SUE them on account of or in connection with any claims, causes of action,
injuries, damages, costs or expenses arising out of Rider's/Spectator's/Guest's
use of or presence upon Manager's property and facilities, including without limitation,
those based on death, bodily injury, property damage,
including consequential
damage.
3. Rider/Spectator/Guest agrees to waive the protection afforded
by any statute or law in any jurisdiction whose purpose, assistance and/or effect
is to provide that a general release shall not extend to claims, material or otherwise,
which the person giving the release knows, or does not know or suspect to exist
at the time of executing the release.
4. Rider/Spectator/Guest agrees to
indemnify and defend Manager against, and hold it harmless from any and all claims,
causes of action, damages, judgments, costs or expenses, including attorney's
fees, which in any way arise from Rider's/Spectator's/Guest's use of or presence
upon the Manager's property and facilities.
5. Rider/Spectator/Guest agrees
to abide by all of Manager's rules and regulations including wearing proper clothing
and protective boots or shoes on horses.
6. If Rider is using his horse,
the horse shall be free from infection, contagious, transmissible disease. Manager
reserves the right to refuse horse if not in proper health or is deemed dangerous
or undesirable. Rider specifically represents that his horse, or any horse brought
on the premises by him has obtained and can show proof of, negative Coggins test
within the last twelve (12) months.
7. This Contract is non-assignable
and non-transferable and is made and entered into in the State of Massachussetts,
and shall be enforced and interpreted under the laws of this State. Should any
clause be in conflict with the State Law, then that clause is null and void. When
the Manager and Rider/Spectator/Guest and Rider's/Spectator's/Guest's parent or
guardian, if Rider/Spectator / Guest is a minor, sign this contract, it will then
be binding on both parties, subject to the above terms and conditions.
Manager
sign: ________________________________________________________
Guest/Rider/Spectator
sign: _____________________________________________
Parent or Guardian
sign: _________________________________________________ (print
out copy of this release, if necessary & complete form and forward directly
to Host. Thank B&BCC) |
