The Winners Circle Stables, LLC
Hold Harmless and Indemnification Agreement
This Hold Harmless and Indemnification Agreement is being entered into as of November 30, 2023 by The Winners Circle Stables, LLC 2442 North Creek Road, Lakeview , NY, 14085 (“Owner") and the undersigned ("Visitor") who is anyone other than the Owner.
1. Purpose of Agreement: Visitor wishes to obtain permission to enter the Owners private property to: (1) bring horse(s) onto Owner’s property for the purpose of, boarding and/or training; (2) work for a tenant/boarder or other authorized person on the property; (3) visit for recreational or any other activities. Owner agrees to permit Visitor to enter the Owner’s property for one year from the above date for such purposes in exchange for the following agreement:
2. Hold Harmless and Indemnification Agreement.
2.1. Stable Rules. Visitor agrees to follow carefully all posted stable rules and any other rules provided to Visitor regarding use of the property.
2.2. Safe Driving/Riding Attire. Visitor agrees to wear heeled boots, long pants, a long-sleeved shirt and gloves designed for riding or Driving when visiting Owner’s property and an ASTM-certified safety helmet fastened securely under the chin while riding or Driving on Owner’s property. If Visitor does not wear these items, Visitor assumes the increased risk of injury or death associated with failing to wear such protective attire. Visitor agrees that Owner has no duty to provide safety attire for Visitor.
2.3. Visitor’s Representations and Warranties. Visitor makes each of the following representations and warranties on behalf of Visitor and Visitor’s guardians, heirs and assigns (collectively, the “Visitor Parties”):
(a) Visitor has the requisite authority to enter into this Agreement upon behalf of the Visitor Parties. (b) In the event that Visitor is incapacitated at any time while Visitor is on Owner’s property, Visitor grants Owner and Owner’s agents, employees and contractors full authority to make all decisions on behalf of Visitor, including medical care, and Visitor agrees to hold such parties harmless for any injuries or death to Visitor that may result from such decisions.
(c) Visitor does not have any physical or mental conditions that may prevent Visitor from safely participating in horse-related activities.
(d) All horses that Visitor may bring to Owner’s property have a current negative Coggins test and are current on all routine vaccinations.
(e) To the best of Visitor’s knowledge, all horses that Visitor may bring to Owner’s property are free of contagious diseases or conditions.
(f) All horses that Visitor may bring to Owner’s property have no history of dangerous behavior, including but not limited to, biting and kicking.
2.4. Risk of Injury or Death to Visitor. Visitor understands that horse-related activities and farm related activities are inherently dangerous and expressly assumes the risks associated with visiting Owner’s property and handling, training and riding horses on Owner’s property. Visitor understands that horses are inherently unpredictable animals and even the most docile horse may occasionally bolt, spook, buck, rear, bite, kick, pull back or otherwise act in such a way that may injure Visitor or other; Owner’s property may contain defects. For example, footing at such facility, including track, barns, pool house, parking area, and pasture footing, can contain holes, rocks, uneven portions or otherwise be unpredictable. Visitor expressly assumes all risks of engaging in horse-related and non-horse-related activities, including the risk that Owner and/or Owner’s guests, employees, agents or contractors (collectively, the “Owner Parties”) may be negligent. Accordingly, Visitor agrees upon behalf of the Visitor Parties not to sue the Owner Parties or otherwise make a claim against such parties in connection with any injury or death or damage to the Visitors property.
2.5. Risk of Loss of or ln|ury to Horses and personal property. Visitor understands that bringing horses onto any property including Owners property is inherently risky. For example in common areas such as barns, pool house, track, tie racks and wash racks other horses could bite kick run into or otherwise injure Visitor's horses. Visitor’s horses may catch contagious diseases or conditions from other horses on Owner’s property. Farm machinery, traffic or other hazards may spook Visitors horses. In wet or cold weather the grounds of Owner’s property including paddocks, barns, pens, driveways, and pool house may become muddy or slippery injuring Visitors horses. Owner’s property may contain defects or be covered with ice. For example footing on Owner’s property including paddock footing, parking area, driveways and barns may contain holes rocks uneven portions or otherwise be unpredictable Visitor understands and expressly assumes all risks of bringing horses onto Owner s property including the risk that the Owner Parties may be negligent. Accordingly Visitor agrees to hold the Owner Parties harmless for loss of or injury to Visitor s horses.
2.6. Trail Riding Risks. Visitor understands that riding or driving horses outside of designated areas such as arenas (“Trail Riding”) including riding or driving horses in an open pasture where other horses are loose is inherently dangerous. In particular horses may become spooked by traffic, wild animals, other horses, or other hazards causing Visitor to fall off or otherwise become injured or die. Horses may also stumble or trip over natural or manmade obstacles injuring horses and/or Visitor. Visitor understands that Owner does not inspect or maintain any trails or paths on or off of Owner's property and Owner makes no warranty whatsoever regarding the safety of paths and trails. Visitor understands and expressly assumes all risks associated with Trail Riding including the risk that the Owner Parties may be negligent.
2.7. Property Damage. Visitor agrees that Visitor will promptly pay for any damage that occurs on Owner’s property that is caused by Visitor or any horse that Visitor brings onto Owners property.
2.8. Visitor’s Indemnification Agreement. Visitor agrees to defend indemnify and hold the Owner Parties harmless against all claims demands and causes of action including court costs and attorneys fees directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of any of the Visitor Parties or brought by others against the Owner Parties in connection with Visitor’s horses or any action or inaction taken by Visitor. Visitor’s guests family members agents employees or contractors.
2.9. Waiver of Unknown Claims. Upon behalf of the Visitor Parties Visitor expressly waives any rights that the Visitor Parties might otherwise have with regard to unknown claims. For the purpose of this section “claims” shall include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but not exclusively, all claims arising in connection with this Agreement.
3. Entire Agreement. This agreement contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to this agreement. No oral modifications will be considered part of the agreement unless reduced to writing and signed by all parties.
4. Governing Law and Venue. This agreement shall be governed by the laws of New York State. The parties hereby agree that any legal action under the Agreement must be brought in Erie County, New York.
5. Attorneys Fees and Other Expenses. In any legal actions brought in connection with this Agreement the prevailing party will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party. For the purpose of this section, “expenses” will include the following costs actually incurred by the prevailing party: attorneys fees, retainers, court costs, transcript costs, fees of experts witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements.
6. Severability. lf any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. ln lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
GENERAL RULES AND REGULATIONS
Every Visitor/Tenant shall comply with the following rules and regulations while at The Winners Circle Stables , LLC hereinafter referred to as the Stables:
1. Visitors are required to sign in and out online upon entering or exiting the property at MyRaceFarm.com.
2. Persons failing to sign in before entering the stable area are subject to immediate ejection from the grounds and may be charged with trespassing.
3. The Stables requires current evidence that all horses approved for stall space are in good health and have a negative Coggins Test.
4. The speed limit in the barn area is 15 MPH. Violators will be ejected from the grounds.
5. Dogs may be permitted in the stable area, subject to registration with the Stables, properly licensed, and kept on leash. Trainer acknowledges that dogs shall be immediately removed from stable area upon notice by the Stables.
6. Firearms are prohibited on the grounds at the Stables.
7. Smoking is prohibited in all buildings.
8. Any persons possessing unlawful drugs shall be promptly ejected.
9. All children must be supervised at all times while ion the Stables property.
10. Applicant agrees to abide by all posted barn and Stable rules.
11. The Stables reserves the right to revoke stall space at any time.
12. All motor vehicles & horse trailers entering the Stables must have valid insurance and registration at all times. Anyone operating any motor vehicle on the property must have a valid drivers’ license.
13. Horse trailers and vehicles must park in a designated areas and are specifically prohibited from parking at the barns or on the road system.
14. Stalls shall be used for stabling of horses only. Use of stalls for storage will incur a rental charge.
15. The Stables may refuse admittance or reject anyone for any and all reasons at its sole discretion.
16. Heating appliances and cooking on the premises are strictly prohibited.
17. All Horsemen must abide by local Town, County, and State regulations.
18. No Alcohol is permitted in the barn area.
19. Helmets must be worn by anyone driving a horse or riding a horse.
20. All horsemen are expected to act professionally at all times. The Stables prohibits harassing and/or discriminating behavior. Any reports of harassment and/or discrimination will be taken seriously and investigated. Management reserves the right to take appropriate action based on the
results of the investigation.
21. Only vehicles owned and operated by the Stables are permitted on the track.
22. Nobody is allowed to use the horse pool alone. There must always be an able bodied assistant.
23. The pool is for horses only.
28. There is a service chage for credit card payments.