This RELEASE of LIABILITY is made and entered into on this day, by and between Stacy Hennessy, Gerry Rushton and Gerry Rushton Stables/ Rushton Stables, hereinafter designated MANAGER and hereinafter designated RIDER, and if RIDER is a minor, rider’s parent or guardian. In return for the use, today and on all future dates of the property, facilities, and services of the Manager, the Rider, his heirs, assigns, and legal representatives, hereby expressly agree to the following:
1. It is the responsibility of the Rider to carry full and complete insurance coverage on his horse, personal property, and him or herself.
2. Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE RIDER’S USE OF OR PRESENCE UPON MANAGER’S PROPERTY AND FACILITIES including, without limitation but not limited to, the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence of deliberate act of another person.
3. Rider agrees to hold Manager and all of its successors, assigns, subsidiaries, affiliates, officers, directors, employees, and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, cost, or expenses arising out of Rider’s use of or presence upon Manager’s property and facilities, including without limitation, those based on death, bodily injury, and property damage, including consequential damages, except if the damages are caused by the direct willful and wanton misconduct of the Manager.
4. Rider agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
5. Rider agrees to indemnify and defend Manager against, and hold it harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arise from the Rider’s use of or presence upon the Manager’s property and facilities.
6. Rider agrees to abide by all of Manager’s rules and regulations.
7. If Rider is using his or her own horse, the horse shall be free from infection, contagious or transmissible disease. Manager reserves the right to refuse Rider’s horse if not in proper health or is deemed dangerous or undesirable, as determined by and in sole discretion of Manager.
8. This contract is non-assignable and non-transferable and is made and entered into in the State of California, and shall be enforced and interpreted under the laws of this state. Should any clause be determined by a court of competent jurisdiction to be in conflict with State Law, then that clause shall be null and void, but the remainder of the contract shall survive. When the Manager and Rider and Rider’s parent or guardian, if Rider is a minor, sign this contract, it will then be binding on both parties, subject to the above terms and conditions.
9. Any party may terminate this contract by providing thirty (30) days’ prior written notice. Not withstanding any provision in this contract to the contrary, sections 2, 3, 4, 5, and 8 shall survive termination of this contract.
Date: September 18, 2021