Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
In consideration of Greenmarch Farm, and Jerome and Julie Graber, their trustees, trustor, agents, owners, officers, volunteers, participants, employees and all other persons or entities in any capacity acting on their behalf (hereinafter collectively referred to as “Releasee”) allowing the undersigned to participate in equine related activities . I on behalf of myself, my children, parents, heirs, assigns, personal representatives, and estate (hereinafter collectively referred to as “Releasor”) hereby agree to release, discharge, hold harmless, defend, and indemnify Releasee, as follows:
1. Releasor acknowledges that equestrian activity entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to Releasor, to property, or to third parties. Releasor understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
a. The risks include, but are not limited to: The propensity of an equine to behave in ways that my result in injury, sudden movement, from objects, persons, or other animals, certain hazards such as surface and subsurface conditions, collisions with other equines or objects, the potential of another participant or person to act in a negligent manner that may contribute to injury to Releasor, or others, such as failing to maintain control over the animal, or not acting within his or her ability.
b. Further more, Releasee seeks safety, but Releasee is not infallible. Releasee might be ignorant of Releasor’s participants, fitness or abilities. Releasee might misjudge the weather, the elements, or the terrain. Releasee may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. Releasor expressly agrees and promises to accept and assume all of the risks existing in equine-related activity. Releasor’s participation in this activity is purely voluntary, and Releasor elects to participate in spite of the risks.
3. Releasor hereby voluntarily agrees to release, discharge, hold harmless defend, and indemnify Releasee from any and all claims, complaints, demands, or causes or action, for any injury or damage whatsoever which is any way connected with Releasor’s participation in this activity or Releasor’s use of Releasee’s equipment, land, equines, or facilities, including any such claims, complaints, demands or causes of action which allege negligent acts or omissions of Releasee, unless such injury or damage arises from the sole negligence of Releasee.
4. Should Releasee be required to incur attorney’s fees and costs to enforce this agreement, Releasor agrees to hold them harmless and indemnify Releasee for all such costs.
5. Releasor certifies that Releasor has adequate insurance to cover any injury or damage caused by or suffered while participation in any equine-related activity, or else Releasor agrees to bear the costs of such injury or damage to Releasor. Releasor further certifies that Releasor has no medical or physical conditions which could interfere with the Releasor’s safety in this activity, or else Releasor willingly assumes, and bears the cost of, all risks, known or unanticipated, that any be created, directly or indirectly, by any such condition.
By signing this document, Releasor acknowledges that if anyone is hurt or property is damaged during Releasor’s participation in this activity, Releasor may be found by a court of law to have waived any right to maintain a lawsuit against Releasee on the basis of any claim from which Releasor has released Releasee herein.
Releasor has had sufficient opportunity to read this entire document. Releasor has read and understood, and Releasor agrees to be bound by its terms.
Signed September 29, 2020