125 BOYER ROAD
OLEY, PENNSYLVANIA 19547
PHONE: (610) 987-0222 FAX: (610) 987-9740 ______
HORSE LESSON, RENTAL AND USE RELEASE
THIS RELEASE dated this day of , 201__ , by and between VALLEY MIST FARM, INC. of Oley, Berks County, Pennsylvania, hereinafter referred to as "Instructor"
A N D
of , hereinafter referred to as "Rider" and, if Rider is a minor under the age of eighteen (18), Rider's parents and/or legal guardians, of .
For good and lawful consideration, the receipt of which is hereby acknowledged, which consideration includes but is not limited to the current and future use and instruction of the horses, property, facilities and services of Instructor and Instructor's employees, agents, and representatives by which Rider received a benefit, and intending to be legally bound, Rider hereby agrees as follows:
1.Rider acknowledges that horses by their nature are unpredictable and their actions are unforeseeable. Rider agrees to assume any and all risks involved in, arising from, or pertaining to the lessons provided by Instructor to Rider and Rider's use of the premises or equipment or Rider's presence on the property or facilities where Instructor's services are being provided, including but not limited to risks of death, bodily injury, property damage, emotional or psychological injury, falls, kicks, bites, collisions with vehicles, other horses, stationary objects, fire, explosion, limited emergency medical care availability, or the negligence or deliberate act of any other person.
2.Rider acknowledges that the behavior and actions of horses are contingent to a certain extent on the ability of Rider. Rider agrees to abide by and strictly adhere to Instructor's rules and regulations which shall be in writing, posted, and made available for review by Rider from time to time. Rider warrants and represents that a full and fair disclosure of Rider's abilities has been made to Instructor and is as indicated in paragraph 7 of this Release.
3.Rider agrees to fully and completely release Instructor and to hold harmless, indemnify and defend Instructor from and against any and all claims, demands, causes of actions, damages, judgments, orders, costs or expenses, including attorneys fees, which may in any way arise from or pertain to the lessons provided by Instructor to Rider or Rider's use of the premises or equipment or Rider's presence on the property or facilities where the services are being provided by Instructor to Rider, including but not limited to damage, injury or harm that Rider may cause to Instructor, Instructor's property or any third party and their property.
4.Rider warrants and represents that any horse used by Rider which is not owned by Instructor or leased to Rider by Instructor shall be free from infection, contagious or transmittable diseases. Rider grants to Instructor the full and complete right to refuse access or use of any horse on the property where Instructor is providing lessons if, in the sole discretion of Instructor, the horse does not appear to be in good health or is dangerous or violent.
5.Rider agrees that the terms and conditions of this Release shall extend, benefit and apply to Instructor and all employees, drivers, agents, helpers, and representatives of Instructor and any person, partnership and corporation which owns, leases, or has any ownership interest in the premises and facilities on which the Instructor is providing lessons, whether or not known to Rider at the time.
VMF Release
Page 2
6.Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend, for any reason whatsoever, to claims material or otherwise which the person granting the release does not know or suspect to exist at the time of executing the Release.
7.Rider warrants and represents that his or her experience as described by Rider is as follows: (Please circle and initial appropriate category of experience.)
Beginner
Novice
Intermediate
Expert
8. If any provision of this Release is determined to be illegal, invalid or unenforceable under any present or future law or final court determination, the remainder of this Release will not be affected thereby, and in all other respects this Release shall be valid and continue in full force, effect and operation. It is the intention of Rider that if any provision is held to be illegal, invalid or unenforceable, there will be added in lieu there of a valid provision as similar in terms to such provision as is possible.
9. This release is to be governed by and enforced pursuant to the laws of the Commonwealth of Pennsylvania.
Warning: Under Pennsylvania law an equine professional and equine activity sponsor is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities.
Rider, and Rider's parents or legal guardians if Rider is a minor under the age of eighteen (18), have carefully read this Release and fully know and understand the terms and contents thereof and, intending to be legally bound by this Release, have signed it as my or our free and voluntary act the date first written above.
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RIDER
______
PARENT OR LEGAL GUARDIAN IF RIDER IS LESS THAN EIGHTEEN (18) YEARS OF AGE
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NAME OF RIDER'S HORSE, IF APPLICABLE
Sworn To and Subscribed before me
this day of ,
A.D. 201 .