EQUINE ACTIVITY PARTICIPANT AGREEMENT
Thank you for choosing Cool Breeze Equine LLC to help you learn how to ride and work with horses. We are excited to work with you! Please take a moment to give us your information and complete our rider release form and training agreement.
RELEASE, WAIVER & INDEMNITY AGREEMENT
The undersigned (hereinafter for brevity referred to as "Rider"), being of legal age or signing in conjunction with a parent or legal guardian if not of legal age, desires to use horses and/or facilities either owned or controlled by Cool Breeze Equine, LLC, and/or to receive training or instruction from the agents or employees of Cool Breeze Equine, LLC or Kay Pfaff (hereinafter referred to collectively as “CBE”), and being fully aware of the risk of injury and dangers inherent in and intrinsic to equine activities including the riding and handling of horses and intrinsic to equine activities as defined in the Virginia Equine Liability Act, hereby elects voluntarily to participate in said activities and does willingly enter into this Release, Waiver & Indemnity Agreement. THEREFORE, IN CONSIDERATION OF RECEIVING INSTRUCTION OR ASSISTANCE FROM CBE, RIDER KNOWINGLY AND EXPRESSLY WAIVES RIDER'S RIGHTS TO SUE KAY PFAFF, COOL BREEZE EQUINE, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, HEIRS, AND ASSIGNS, FOR ANY INJURY, DEATH, LOSS, OR DAMAGE CAUSED TO RIDER OR TO RIDER'S PROPERTY, AND RIDER AGREES TO ASSUME ALL RISKS INHERENT IN RIDING OR OTHERWISE COMING IN CONTACT WITH EQUINES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF INJURY, DEATH, LOSS, OR DAMAGE TO RIDER OR TO RIDER'S PROPERTY. RIDER ACKNOWLEDGES THAT RIDER HAS BEEN GIVEN NOTICE OF THE RISKS INHERENT IN AND INTRINSIC DANGERS OF EQUINE ACTIVITIES, INCLUDING (i) THE PROPENSITY OF EQUINES TO BEHAVE IN WAYS THAT MAY RESULT IN INJURY, HARM, OR DEATH TO PERSONS ON OR AROUND THEM; (ii) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO SUCH THINGS AS SOUNDS, SUDDEN MOVEMENT, UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS; (iii) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS; (iv) COLLISIONS WITH OTHER ANIMALS OR OBJECTS; AND (v) THE POTENTIAL OF A PARTICIPANT ACTING IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS FAILING TO MAINTAIN CONTROL OVER THE EQUINE OR NOT ACTING WITHIN THE PARTICIPANT’S ABILITY, AND RIDER EXPRESSLY AGREES TO ASSUME ALL SUCH RISKS AND WAIVES ALL RIGHTS TO SUE FOR INJURIES AND/OR DAMAGES OR COSTS OF ANY KIND CAUSED BY SUCH RISKS. THIS WAIVER AND EXPRESS ASSUMPTION OF RISKS SHALL SPECIFICALLY APPLY TO RIDER AND TO ANY AND ALL MINOR CHILDREN AND/OR WARDS OF RIDER, IN ACCORDANCE WITH THE TERMS OF THE VIRGINIA EQUINE ACTIVITY LIABILITY ACT AND SHALL BE CONSTRUED TO COMPLY WITH ALL EXCULPATORY TERMS THEREOF, VA. CODE §§3.2-6200 et seq. IF RIDER IS A MINOR OR OTHERWISE UNDER A LEGAL DISABILITY, THIS AGREEMENT SHALL BE SIGNED BY RIDER'S PARENT OR LEGAL GUARDIAN. BY SIGNING, THE PARENT OR LEGAL GUARDIAN AGREES (i) TO WAIVE THE PARENT'S, GUARDIAN'S, AND RIDER'S RIGHTS TO SUE THE PARTIES NAMED IN THE IMMEDIATELY PRECEDING PARAGRAPH; (ii) TO ASSUME, ON BEHALF OF THE PARENT, GUARDIAN, AND RIDER, THE RISKS SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH, IN ADDITION TO ALL OTHER RISKS OF RIDING OR OTHERWISE COMING INTO CONTACT WITH HORSES; AND (iii) TO INDEMNIFY AND HOLD HARMLESS KAY PFAFF, COOL BREEZE EQUINE, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, HEIRS, AND ASSIGNS FROM ANY LOSS, CLAIM, SUIT, OR JUDGMENT RESULTING FROM ANY INJURY, DEATH, LOSS OR DAMAGE SUSTAINED OR CLAIMED BY RIDER (OR RIDER'S PERSONAL REPRESENTATIVE), OR ANY THIRD-PARTY, AND FURTHER TO INDEMNIFY AND HOLD HARMLESS KAY PFAFF, COOL BREEZE EQUINE, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, HEIRS, AND ASSIGNS FROM ANY AND ALL COSTS OF DEFENDING SUCH CLAIMS, INCLUDING ATTORNEYS' FEES. It is expressly agreed by Rider and any parent or guardian whose signature appears on this document that this Release, Waiver and Indemnity Agreement shall be governed and construed as being sufficient to satisfy the assumption of risk and waiver requirements necessary to relieve equine activity sponsors and equine professionals from liability under the Virginia Equine Activity Liability Act, and that CBE is covered by the provisions of that Act. This Release, Waiver and Indemnity Agreement shall be governed and construed by the laws of the Commonwealth of Virginia, regardless of where any injury or loss shall occur. In the event that any portion of this Release, Waiver and Indemnity Agreement shall be declared unenforceable, such declaration shall not affect the remaining terms of this document, which shall survive intact. Rider has been advised to wear protective headgear and hard-soled, heeled footwear at all times while riding or otherwise coming in contact with horses, and expressly assumes the risk of injury resulting from failure to do so and/or from selecting headgear or footwear which does not adequately protect against injury.
CAUTION: READ BEFORE SIGNING
I hereby grant permission to Cool Breeze Equine, LLC to use photographs and/or videos as well as sound recordings taken of me (Adult) or (Guardian of children under age 18) in publications, news releases, online, and other communications related to the mission of Cool Breeze Equine LLC.
COVID-19 Safety Policies
In accordance with the VA Governor’s order please adhere to the following before, during, and after your visit.
If you feel ill in any way, have a fever, cough, shortness of breath, or have been exposed to someone who has tested positive or is suspected to be positive for COVID-19, DO NOT COME TO THE BARN. Notify us, and we will waive our 24 hour cancellation policy for lessons as applicable in this event.
Monitor your own health. DO NOT go to the barn or take your horse schooling if you have any COVID-19 symptoms such as fever, coughing, or unusual shortness of breath. Feeling exhausted? Not sure if you “have something”? Take your own temperature and rule out a fever.
Face coverings over the nose and mouth are required at all times while unmounted. Only exceptions are while doing active groundwork in the arena with a horse, or for farriers while shoeing.
Maintain social distancing practices of at least 10 feet between people at all times as practicable.
Do not bring extra guests with you at this time.
Please plan to use the restroom & wash your hands for at least 20 seconds before leaving your house before your visit to minimize any potential health risks.
Our staff is following regular & frequent disinfecting practices to help keep everyone safe. Please help them by doing your part to leave areas including the bathroom clean & neat.
We have hand sanitizer stations available for our students, please use before and after your ride.
Use disinfectant to wipe down any surfaces or shared items you may come in contact with during your visit.
These COVID-19 Safety Policies may change with ongoing changes to local & federal guidance. Please refer to https://www.coolbreezeequine.com/policies for the latest updates.
The health & safety of our barn community is of utmost importance to us.
We appreciate your understanding and cooperation.
By their signatures below, the parties hereby understand and agree to all terms and conditions of this Agreement.