PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING
SERIOUS INJURY MAY RESULT FROM PARTICIPATION IN THIS ACTIVITY. DURHAM EQUESTRIAN DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSE. YOU PARTICIPATE AT YOUR OWN RISK.
DURHAM EQUESTRIAN is owned and operated by Durham Equestrian Center, LLC hereafter known as “the PREMISES OWNER.” Durham Equestrian is located at 184 Higganum Road, Durham, CT 06422 hereafter known as “the PREMISES.”
IT IS HEREBY AGREED TO AS FOLLOWS:
REGISTRATION OF RIDER AND AGREEMENT PURPOSE
I hereafter known as “the RIDER” voluntarily request and agree to participate in horseback riding on the PREMISES.
AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS
This agreement shall be legally binding upon the RIDER and the parents or legal guardians thereof if the RIDER is under 18 years of age, the RIDER’s heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of the State of Connecticut. Any disputes by the RIDER shall be litigated in Middlesex County, Connecticut.
ACTIVITY RISK CLASSIFICATION
Horseback riding is classified as a RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. Related injuries can be severe.
NATURE OF RIDING HORSES
No horse or pony is a completely safe horse or pony. If a rider falls from a horse or pony to the ground the impact may result in severe injury or death to the rider. If a horse or pony is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short, changing directions or speed at will; shifting its weight; bucking; rearing; kicking; biting; or running from danger.
Upon mounting a horse or pony and taking up the reins, the RIDER is in primary control of the horse or pony. The RIDER’S safety largely depends upon the RIDER’S ability to carry out instructions, and the RIDER’S ability to remain balanced aboard the moving animal. The RIDER shall be responsible for the RIDER’S own safety. The RIDER shall determine and shall be responsible to determine their own fitness and that the RIDER has adequate experience for horseback riding. RIDER acknowledges that by voluntarily participating in horseback riding the RIDER is certifying that the RIDER has not been advised by any treating physician that there is a medical condition which any reasonable person would realize could be adversely effected by the RIDER’s participation in horseback riding. The RIDER is certifying that any treating physician has not advised the RIDER to limit physical activities or exercise in any way. The RIDER is also certifying that they are not pregnant to the best of the RIDER’s knowledge.
CONDITIONS OF NATURE
The RIDER agrees that the PREMISES OWNER is not responsible for any injuries or death, for acts, occurrences, or elements of nature that can scare a horse or pony, cause it to fall, or react in some other unsafe way.
ACCIDENT, MEDICAL AND PERSONAL LIABILITY INSURANCE
Should medical treatment be required, the RIDER, the RIDER’s accident or the RIDER’s medical insurance company shall pay for all such incurred expenses. Should the RIDER’s actions or that of the RIDER’s horse or pony cause injury or damage of any kind, the RIDER or the RIDER’s personal liability insurance shall pay for such damages, except if caused by the gross negligence or misconduct of the PREMISES OWNER, its agents or employees.
PROTECTIVE HEADGEAR WARNING
The RIDER has been warned and advised to purchase and wear an ASTM/SEI approved riding helmet, and that wearing a riding helmet while mounting, riding, dismounting, and otherwise being around horses or ponies, may prevent or reduce severity of some head injuries and even prevent death from happening as the result of a fall or other occurrence. The RIDER has been advised that all minors must wear riding helmets while in proximity to horses or ponies while on the PREMISES.
In consideration of the PREMISES OWNER allowing the RIDER’S participation in horseback riding, under the terms set forth herein and except in the event of gross negligence or misconduct by the PREMISES OWNER, its agents or employees, the RIDER agrees as follows: to hold harmless and release the PREMISES OWNER, its agents and employees from liability, claims, demands, losses, or damages on the RIDER’S account; to the fullest extent that such covenant is permitted by applicable law, to not bring any claims, demand, legal actions and causes of action, against the PREMISES OWNER for any losses, including without limitation economic and non- economic losses due to bodily injury, death, property damage, sustained by the RIDER in relation to activities occurring at the PREMISES or the operations of the PREMISES to include while riding, handling or otherwise being near horses or ponies owned by or in the care, custody and control of the PREMISES OWNER; and that if, despite this release, waiver of liability, and assumption of risk the RIDER, or anyone on the RIDER’s behalf makes a claim under this provision against the PREMISES OWNER, the RIDER will indemnify, save, and hold harmless the PREMISES OWNER from any loss, liability, damage, or reasonable costs which it may incur as the result of such claim.
SIGNER STATEMENT OF AWARENESS AND AGREEMENT
I have read and voluntarily sign this Owner/Rider Release of Liability and Hold Harmless Agreement, and further agree that no oral representations, statements, or inducements apart from the foregoing written agreement have been made, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature.
Today's Date: September 17, 2021