BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. In consideration of services, facilities, and equipment provided by Ampara T. Visser, A Training Vision LLC, its owners, officers, directors, partners, employees, assistants, agents, representatives, heirs, and assigns, (referred to collectively hereinafter as A Training Vision), and in exchange for your permission to come upon A Training Vision premises at 3209 Ingram Drive, Haymarket, Virginia, and any and all premises upon which A Training Vision activities are being conducted, to engage in equestrian and related activities, and for good and valuable consideration the adequacy and receipt of which is hereby acknowledged, I hereby agree to release and discharge A Training Vision on behalf of myself, my heirs, assigns, personal representatives, and estate as follows: 1. I understand and acknowledge that by being present on the premises of 3209 Ingram Drive, Haymarket, VA, and any and all premises upon which A Training Vision activities are being conducted, whether or not I am planning to ride or riding a horse I will be considered to be a participant in equine activities. I understand and acknowledge that the activity I am about to voluntarily engage in as a participant (i.e. equine activities) bears certain known risks and unanticipated risks which could result in injury, death, illness, or disease, physical or mental, or damage to myself, my property, including my horse, or to spectators or other third parties. The following describes some, but not all, of those risks: a horse, whether it be my horse or the horse of another, may, without warning or any apparent cause, bolt, buck, rear, stumble, fall, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, and push or shove a person, saddles, bridles, lunging equipment and any other equipment may loosen or break, and surface conditions may be hazardous, all of which may cause an person to fall or be jolted or trampled, resulting in serious injury or death. WARNING Under Virginia Law, an equine activity sponsor or an equine professional shall not be liable for an injury or death of a participant engaged in an equine activity resulting from the inherent risks of equine activities pursuant to the Virginia Equine Liability Act Chapter 62, paragraph 3.2-6200 & 6202. 2. I acknowledge that equestrian activities are 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. (a) Safety Equipment – I– I acknowledge that protective head gear which meets or exceeds the quality standards of the SEI certified and ASTM standard F1163 equestrian helmet, is required to be purchased and worn by me while engaging in equine activities, and the wearing of such helmet may reduce the severity of some head injuries and may prevent my serious injury or death as a result of a fall or other occurrence. If I fail to wear a helmet while engaged in equine activities, it is because I so choose. A Training Vision is not responsible for any and all injuries or death resulting from improper use or fit of safety equipment, whether provided by A Training Vision or otherwise, or my failure to use or wear said safety equipment, as it is my choice to do so. (b) Children & Guests – I acknowledge that equine activities may be particularly dangerous to children and guests. Should a child or guest accompany me, I agree to take particular care of that child or guest while engaged in equine activities and hereby assume responsibility for his/her safety. (c) Training of Horses - I acknowledge that the riding and training of my horse(s) is dangerous and may result in injury to, or death and loss of my horse. 3. I VOLUNTARILY ASSUME THE RISK and danger of injury or death inherent in engaging in equine activities including, without limitation, the use of a horse, gear and equipment, whether provided by A Training Vision or otherwise. I hereby also assume the risk of injury or loss of my horse resulting from such riding and/or training. 4. On behalf of myself, my heirs, assigns, personal representative(s), and estate, I HEREBY, NOW AND FOREVER, RELEASE, DISCHARGE, AND PROMISE NOT TO SUE A Training Vision, doing business under its own name or any other name, for any loss, liability, damage, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property including, but not limited to, my horse. 5. I release A Training Vision from any claim that it is or may be negligent in connection with my engaging in equine activities, including, but not limited to, ascertaining my ability, training or selecting horses (whether provided by A Training Vision or otherwise), maintenance, care, fit or adjustment of saddles, bridles, or gear or equipment (whether provided by A Training Vision or otherwise), instruction on riding skills or leading and supervising me. 6. I IDEMNIFY AND SAVE AND HOLD HARMLESS A Training Vision against any loss, liability, damage, or cost that may incur arising out of or in any way connected with my engaging in equine activities, my use of a horse (whether provided by A Training Vision or otherwise), and any equipment or gear (provided by A Training Vision or otherwise), A Training Vision riding or training of my horse, or any acts or omissions of A Training Vision. 7. I agree to abide by and follow all instructions given or rules established by A Training Vision with regard to my engaging in equine activities including, without limitation, the use of a horse or any equipment or gear (whether provided by A Training Vision or otherwise), and A Training Vision riding or training of said horse(s). 8. I acknowledge that A Training Vision will not have medical personnel available at the location of the activity. I understand and agree that A Training Vision has permission to authorize emergency medical treatment if necessary and that A Training Vision assumes no responsibility for any loss, damage, injury, or death that might arise out of or in connection with such authorized emergency medical treatment. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in equine activities. I agree I will be responsible for any and all costs incurred by me for injuries or property damage I may incur and that I am covered by accident-medical insurance coverage which is now in force and shall remain in force while I am engaged in equine activities with A Training Vision. 9. I acknowledge that A Training Vision will not have veterinary personnel available at the location of the activity. I understand and agree that A Training Vision has permission to authorize emergency veterinary treatment of my horse if necessary and that A Training Vision assumes no responsibility for any loss, damage, injury, or death that might arise out of or in connection with such authorized emergency veterinary treatment. I agree I will be responsible for any and all costs incurred during veterinary treatment of my horse, whether emergency or otherwise. I certify that I have sufficient equine major-medical, loss of use, and mortality insurance to cover any injury to or illness, death, or loss of my horse. 10. I represent that, to the best of my knowledge, I am not pregnant and acknowledge that A Training Vision prohibits a pregnant woman from riding and/or engaging in equine activities unless and until she provides written Doctor’s permission to ride and engage in equine activities. 11. I represent that, to the best of my knowledge, I do not have a health condition that would make it inadvisable for me to participate in equestrian activities and that I am not under the influence of alcohol or any non-prescribed controlled substance(s). If there is any question of my fitness to engage in equine activities, I acknowledge that I am obligated by this agreement to discuss any condition which may in any way affect my ability to safely engage in equine activities and to describe such condition(s) within a writing to be attached hereto. 12. I agree 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. 13. I acknowledge that this document is a contract and agree that if a lawsuit is filed against A Training Vision for any injury or damage in breach of this contract, I will pay all attorney’s fees and costs incurred by A Training Vision in defending such action. 14. This waiver, release, and agreement constitutes the entire agreement and understanding between A Training Vision and me and super cedes and replaces all proposals, representation, and agreements, whether oral or written, between A Training Vision and me regarding the activities, services, rights, and facilities discussed herein. MY SIGNATURE BELOW INDICATES THAT I AM FULLY COMPETENT, AND HAVE READ EACH PROVISION OF THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND VOLUNTARILY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WAIVER AND RELEASE. I FURTHER AGREE THAT NO ORAL STATEMENTS, REPRESENTATIONS, OR INDUCEMENTS APART FROM THIS WRITTTEN AGREEMENT HAVE BEEN MADE TO ME TO OBTAIN MY CONSENT. IF THE EQUESTRIAN IS UNDER 18 YEARS OF AGE, THE SIGNATURE OF PARENT/LEGAL GUARDIAN IS REQUIRED BELOW. I AM THE PARENT OR LEGAL GUARDIAN OF THE STUDENT/BOARDER/EQUESTRIAN. I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT TO INDUCE A TRAINING VISION TO ALLOW THE MINOR EQUESTRIAN TO RIDE AND/OR ENGAGE IN EQUINE ACTIVITIES UPON ANY PREMISES ON WHICH A TRAINING VISION ACTIVITIES ARE BEING CONDUCTED, I AGREE ON BEHALF OF THE MINOR EQUESTRIAN AND MYSELF TO BE BOUND BY THOSE TERMS. IF THE MINOR EQUESTRIAN FAILS TO COMPLY WITH THE TERMS OF THIS AGREEMENT OR CLAIMS NOT TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY REASON OF MINORITY STATUS OR OTHERWISE, I HEREBY AGREE TO IDEMNIFY AND HOLD HARMLESS A TRAINING VISION FROM ANY AND ALL LIABILITY OR LOSSES RESULTING FROM ANY SUIT AGAINST A TRAINING VISION BY THE MINOR EQUESTRIAN OR OTHERWISE RESULTING FROM A BREACH OF THIS AGREEMENT Date: October 29, 2024 |