EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

This Express Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”) is entered into by the undersigned in favor of Eastmark Farm, and their respective employees, agents, members and successors-in-interest; the owners of any horses ridden or handled at Eastmark Farm, and any clinicians conducting clinics at Eastmark Farm (all of the above parties referred to collectively as the “Released Parties” and each a “Released Party”).

In consideration for my being permitted to participate in Equestrian Activities, including but not limited to riding, training, lunging, driving, participating in instruction and/or clinics, competing, boarding, assisting veterinarians or farriers, transporting, grooming and handling horses or observing others doing any of the above activities (“Equestrian Activities”) with the Released Parties, and/or in events or activities organized or sponsored by any of them, whether at my horse’s usual barn, at Eastmark Farm or at other venues, with or without supervision, I acknowledge and agree as follows on behalf of myself and my minor child (if applicable):

1. Dangerous Activity

I acknowledge that horses can be unpredictable animals and fully realize that there are certain dangers inherent in Equestrian Activities, including the risks of property damage, personal injury and even death. I recognize that even the best trained horses can and often do react rapidly and in unpredictable ways to a variety of stimuli and even for no apparent reason at all.

I understand that neither my horse’s actions, nor the actions of any other person or animal can necessarily be controlled, and that my safety and that of my horses and other property cannot be guaranteed while participating in Equestrian Activities.

I understand that injuries and harm may result from working with and around horses from a variety of causes, including the acts or omissions of other persons, domesticated or wild animals, weather, ground conditions and other causes not necessarily predictable.

I understand that it is my responsibility to control any horse I am handling or riding to the extent possible, even during instruction, and regardless of the acts of other humans or animals, and to act in a responsible manner to ensure to the extent possible my own safety and that of others. I understand that there is risk of property damage, serious physical harm and even possibly death to me and others, and nonetheless voluntarily choose to participate in Equestrian Activities.

2. Assumption of Risks

Understanding the risks involved in Equestrian Activities, I EXPRESSLY ASSUME THE ASSOCIATED RISKS, INCLUDING THE RISK OF INJURY AND DEATH, DAMAGE TO OR LOSS OF PROPERTY AND FINANCIAL LOSS, WHETHER CAUSED BY THE RISKS INHERENT IN EQUESTRIAN ACTIVITIES, THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR ANY OTHER CAUSE.

I accept full and complete responsibility for the safety of myself, any guests or observers accompanying me or present at my invitation, my horses, and personal property. Further, I assume the risk of any damage or injury caused by my horses.

3. Personal Property

I agree that I am responsible for the security of my own personal property, including horses, tack and equipment, and any personal effects I bring to Eastmark Farm, and that the Released Parties cannot guarantee the security of my property.

Should I leave any personal property in the custody of the Released Parties, I do so at my own risk. None of the Released Parties shall have any liability to me in the event of loss, damage, unauthorized use by any person or theft of any such property. I acknowledge that I need to purchase sufficient insurance to cover my own property, horses and other interests.

4. Release and Waiver of Claims

On behalf of myself, my heirs, successors in interest, guardians, legal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, WHETHER MY OWN OR DERIVATIVE CLAIMS, BASED UPON 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 or by any other person as a direct or indirect consequence, in whole or in part, of my participation in Equestrian Activities or my presence at Eastmark Farm, whether caused by the negligence of the Released Parties or otherwise, provided that nothing in this section 4 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

5. Indemnification

I agree to indemnify, defend, and hold harmless each of the Released Parties from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses, including but not limited to damage to or destruction of property, compensatory, consequential or punitive damages, attorney’s fees and other costs of defense arising from or in connection with the injury, illness or death of any person or the damage, destruction or loss of any of my or others’ property which might result, directly or indirectly, in whole or in part, from my participation in Equestrian Activities or from any horses owned by me or in my control, whether caused by the negligence of the Released Parties or otherwise.

6. Invitees

I agree that I will not permit any person other than the Released Parties to ride or handle my horses or any other horse in my control at the premises of the Released Parties unless such person has the express permission of Eastmark Farm AND/OR ITS AGENTS AND EMPLOYEES and has executed and delivered to Eastmark Farm AND/OR ITS AGENTS AND EMPLOYEES a form of this Agreement and/or other applicable form(s) required by the Released Parties. 

7. Foreseeability of Claims

I realize that this waiver refers to and covers events that may take place after the signing of this document, and that the exact nature of any injury or loss I may suffer as a result of my participation in Equestrian Activities may not be entirely foreseeable.

I do realize that the extent of loss possible includes serious bodily injury or even death, and total destruction or loss of my or others’ property. Knowing that the damage or injuries that can be suffered in relation to participation in Equestrian Activities can extend as far as death of persons or animals and loss or total destruction of property, I hereby expressly waive any claim that the unexpected nature or extent of any damage or injury invalidates or affects the enforceability of this Agreement.

This waiver includes damage, injury or death caused in whole or in part by the negligence of the Released Parties.

8. Statutory Notice

Each person engaged in recreational equestrian activities shall assume the risk and legal responsibility for any injury to his person or property arising out of the hazards inherent in equestrian sports, unless the injury was proximately caused by the negligence of the person providing the horse or horses to the individual engaged in recreational equestrian activities or the failure to guard or warn against dangerous condition, use, structure or activity by the person providing the horse or horses or his agents or employees.

I FURTHER UNDERSTAND THAT THE TERMS OF THIS AGREEMENT GO BEYOND THE TERMS OF THIS STATUTE TO INCLUDE THE WAIVER OF CLAIMS FOR ORDINARY NEGLIGENCE AND MEANS THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE.

9. Severability

I agree that this Agreement is intended to be as broad and inclusive as is permitted by Maine law. If any portion of this Agreement is determined to be invalid, illegal or unenforceable, that portion shall be severable; and the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in force and effect.

10. Health of Horse

Rider warrants horse(s) brought onto Eastmark Farm are free from infection, contagious or transmittable disease. Eastmark Farm reserves the right to refuse access or use of any horse upon the premises that does not appear to be in good health or is deemed dangerous or undesirable.

11. Representations and Warranties

I hereby warrant that:

(a) I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON.
(b) I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
(c) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND I FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. MY SIGNATURE BELOW AND MY INITIAL ON THE PRECEDING PAGES ARE ACKNOWLEDGEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.

This waiver is for:
{name}
{dob}
{address}

If rider is under 18, waiver to be signed by guardian:
Signed On: {sign_date}