The undersigned, does hereby agree that I am, or my child/ward is, an equine activity participant. An equine activity participant is subject to the inherent risks of equine activity as defined in Ohio Revised Code 2305.321 including, but not limited to, any or all of the following: (a) The propensity of an equine to behave in ways that may result in injury, death or loss to persons or property including the unpredictability of an equine's reaction to sounds, movements, objects, persons or other animals, which proximately causes harm to the equine activity participant. (b) An equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person who provides faulty or defective equipment or tack and knows or should know that the equipment or tack is faulty or defective, and the fault or defect in the equipment or tack proximately causes harm to the equine activity participant. (c) An equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person provides an equine to an equine activity participant, and fails to make reasonable and prudent efforts to determine his or her ability to safely engage in the equine activity or to safely manage the equine based on the participant's ability; the equine activity participant fails to safely engage in the equine activity or to safely manage the equine; and that failure proximately causes harm to the equine activity participant. (d) Harm is proximately caused to the equine activity participant by a dangerous latent condition of the land on which, or the premises at which, the harm occurs, and an equine activity sponsor, other equine activity participant, equine professional, veterinarian, farrier, or other person owns, leases, rents, or otherwise lawfully possesses and controls the land or premises and knows or should know of the dangerous latent condition, but does not post conspicuously prior to the time of the harm involved one or more signs that warn of the dangerous latent condition. (e) An act or omission of an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person which constitutes a willful or wanton disregard for the safety of the equine activity participant, and proximately causes harm to the equine activity participant. (f) An equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person intentionally causes harm to the equine activity participant. By signing this written Waiver, I acknowledge that the equine activity participant who is subject of this Waiver, as well as his or her parents, guardian, custodian or other legal representatives, does not have a claim or cause of action on which a recovery of damages may be based against, and may not recover damages in court or other civil action against, any equine activity sponsors, other equine activity participants, equine professionals, veterinarians, farriers, or other persons associated with this equine activity, including, but not limited to, Cape Cod Equestrian Center, LLC, its members, representatives, officers, directors, volunteers, successors and assigns. I voluntary agree to assume the full risk of any and all injuries, damages, or loss, regardless of severity, that I or my minor child/ward may sustain as a result of participating in this equine activity. I waive and relinquish all claims I and my minor child/ward may have, or which may accrue, as a result of participating in any equine activity, against Cape Cod Equestrian Center LLC, its members, representatives, officers, directors, volunteers, successors and assigns. I hereby fully release and agree to hold harmless, indemnify and defend Cape Cod Equestrian Center, LLC, its members, representatives, officers, directors, volunteers, successors and assigns from any and all claims or liabilities of any kind whatsoever arising out of my participation, or my child/ward's participation, in this equine activity. I am fully authorized to execute this Waiver on behalf of myself and my child/ward, my, his or her estate and all other persons who may be entitled to claim damages as a result of any harm, loss, injury or death. I have fully and carefully read and understand this Waiver and do hereby voluntarily execute the same as of the date written below. This document shall be governed by the laws of the State of Ohio. November 27, 2024 Parents and/or guardians, please familiarize yourselves prior to arriving for the event. SAFETY RULES 1. Do not go behind the pony/horses. 2. No yelling, screaming, or horseplay around the ponies/horses. 3. No noise makers (balloons, poppers, fireworks, etc...) around the pony/horses. 4. Do not approach/ride the pony/horses unless accompanied by a Cape Cod Equestrian Center Representative. 5. Children should have shoes on when walking around the horses. 6. Think safety at all times. 7. Cape Cod Equestrian Center is Not responsible for accidents/injury. 8. Ensure children are attended at all times by a parent or responsible adult who can control the child. Parents and guardians are responsible for their children and should not allow children (or adults) to go behind or underneath the pony/horses and should not allow them to approach the pony/horses unless accompanied by a Cape Cod Equestrian Center representative. 9. No spooking the ponies/horses. No hitting ponies or horses with any items, including hands. 10. Do not put your hands, or allow children to put hands inside the stalls with the horses. 11. Do not feed the ponies/horses unless accompanied by a Cape Cod Equestrian Center Representative. 12. No Hand Feeding. All treats must be approved by Cape Cod Equestrian Center and placed in the horse’s designated feed bucket 13. All children should wash their hands after riding and after playing with the ponies. It is suggested that you not eat or drink while petting or riding the ponies. 14. No Alcohol 15. Do not approach or pet any animals I fully understand and will abide by all rules set forth by Cape Cod Equestrian Center, LLC its members, representatives, officers, directors, volunteers, successors and assigns November 27, 2024
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