READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF FIDDLESTICKS FIELD, MEREDITH LEWIS, EMPLOYEES AND AGENTS (HEREINAFTER “THE RELEASEES”).
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If the person who is to enter into this Agreement is less than eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on the behalf of the minor.
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1. I hereby RELEASE, WAIVE, DISCHARGE AND AGREE TO HOLD HARMLESS Fiddlesticks Field, its Owner, Employees and Agents (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions, third party claims, and causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the RELEASEES, or otherwise, while participating in such activity, using Fiddlesticks Fields, or while in, on or upon Fiddlesticks Field or adjoining tracts of land.
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2. I acknowledge that EQUINE ACTIVITIES, INCLUDING BUT NOT LIMITED TO HORSEBACK RIDING, ARE INHERENTLY DANGEROUS AND INVOLVE RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. I am fully aware of the risks and hazards connected with the activity of horseback riding, horse care and stable usage, the risk of which include but are not limited to, injuries, death or property damage from: mounting, riding, dismounting, walking, grooming, feeding, use of horse barn, paddock, trails or horse ring, in any capacity; falling off a horse whether horse is bucking, rearing, spooked, moving or stopping suddenly; or my failure to understand any equine professional’s directions relating to my riding or otherwise use and control, or lack thereof, of my horse or the horse that I have been assigned to, or interaction with other horses.
3. I have been informed of and agree to abide by the rules imposed by Fiddlesticks Field, Meredith Lewis, and any other representative of Fiddlesticks Field while on the premises. These rules are included and attached hereto as Schedule A, a copy of which has been provided to me. In addition, these rules and prohibitions are openly posted on the premises.
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4. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or any loss or damage to property owned by me as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed, no oral representations, statement or inducements, apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age (If minor, parent or person representing himself/herself to be the lawful Guardian must sign), and I am fully competent. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of New York.
5. I RELEASE, DISCHARGE AND PROMISE NOT TO SUE Fiddlesticks Field, doing business under its own name or any other name and/or any of its owners, officers, employees and agents for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
6. I expressly agree that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of New York, and is intended to be as broad and inclusive as is permitted by New York Law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
7. I acknowledge that this document is of a legal nature and purpose and agree that if a lawsuit is filed against Fiddlesticks Field, doing business under its own name or any other name and/or any of its owners, officers, employees and agents, the Undersigned will pay all attorney’s fees and costs incurred by the Releasees in defending such an action.
8. I ACKNOWLEDGE THAT IT IS REQUIRED THAT ALL RIDERS WEAR ASTM-SEI APPROVED PROTECTIVE HELMET WHILE MOUNTED.
9. I acknowledge that Fiddlesticks Field is NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, fly near, bite and/or sting a horse or person; and irregular footing which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I understand that riders must not carry items which may fall, blow away, flap in the wind, bounce, or make sharp noises, possibly scaring a horse, and also must not carry sharp or pointed objects in their pockets which could cause injury in a fall. Riders must not make sharp loud noises, such as screaming or yelling, which may scare a horse. I acknowledge that there is always the possibility of a collision with another horse, animal, person or object. I will exercise the reasonable duty of care to avoid any such action and will abide by the facilities’ rules at all times while upon the premises.
10. I have been given the opportunity to inspect the facilities and am satisfied that all premises conditions are reasonably safe for my intended purpose, usage and presence upon Fiddlesticks Field’s premises. I acknowledge that there may be hazards, including but not limited to, surface or subsurface conditions, conditions of obstacles, fencing or other equipment or facilities.
11. I acknowledge that Fiddlesticks Field and Meredith Lewis have the ultimate and discretionary authority to alter, amend, change or restrict this agreement between the parties. Notice of such will be provided in written form.
12. I acknowledge that Fiddlesticks Field and Meredith Lewis have the ultimate and discretionary authority to end a session of facility use and/or ban participants from future use of the premises should a safety or other issue occur.
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13. I grant permission to Fiddlesticks Field and Meredith Lewis to use photographs and/or videos of me taken on the property of Fiddlesticks Field in publications, news releases, online, on social media, and in any other communications related to the mission of Fiddlesticks Field.
14. This Agreement and the other Transaction Documents constitute the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersede all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement. Modification, including amendment, to this Agreement may be made only upon execution of a duly authorized written instrument between all parties hereto.
15. Should any term or provision of this Agreement be invalid, illegal, or unenforceable in any jurisdiction for any reason, such invalidity, illegality, or unenforceability not affect any other term or provision of this Agreement.
16. This Agreement shall be construed in accordance with the laws of the State of New York and Genesee County.
17. All notices, claims, demands, and other communications hereunder shall be in writing and shall be deemed to have been given if delivered personally or sent by Registered or Certified Mail, Return Receipt Requested, postage paid to the respective party at the addresses listed within this Agreement.
18. The Schedule attached hereto is an integral part of this Agreement and each shall be applicable as if it were set forth in full in the Sections of this Agreement where cross-referenced.