THIS IS A VOLUNTARY RELEASE OF LIABILITY. IT IS ALSO A BINDING ASSUMPTION OF RISK AND INDEMNITY CONTRACT. In consideration of my participation in equine activities with Patch Wood Farms, LLC I, the undersigned, on behalf of myself, my representatives, assigns, executors, and heirs (collectively the “Participant”), hereby agree as follows: FOR ALL PURPOSES HEREIN: AUDITORS AND SPECTATORS ARE CONSIDERED TO BE PARTICIPANTS AND ARE BOUND BY THE FOLLOWING TERMS. Auditors/Spectators/Guests: FOR PURPOSES of this Waiver a Participant shall mean: (1) any person who voluntarily involves or takes part in any activity involving equines, or (2) any person who knowingly enters the proximity of equines or upon an equine property. Participants shall include the following: participants as defined in 508:19(I)(g) and, without limitation, adults, minors, amateurs, professionals, volunteers, independent contractors, auditors, spectators, and guests. The definition of Participant shall be given the broadest definition possible. This Release and Waiver is enforceable for any and all equine activities with Patch Wood Farms, LLC regardless of the premises upon which the equine activities occur. Release of Liability and Hold Harmless. I hereby fully and forever release, waive and discharge Patch Wood Farms, LLC, its members, employees, agents, representatives, and assigns (collectively the “Releasees’) from any and all claims, demands, actions, or causes of action of any kind, including statutory remedies, which I may or might have against the Releasees, arising from/or by reason of, any and all known and unknown, foreseen or unforeseen, bodily injuries, damage to property, and any consequences therefrom, which I may sustain due to Releasees’ negligence. I shall not bring any demand, claim, legal action against and/or sue the Releasees for any economic or non-economic losses due to bodily injury, death, or property damage as a result of the Releasees’ negligence or from my participation in equine activities. I hereby agree to indemnify and hold harmless the Releasees from and against any and all claims, liabilities, loss, damages, demands, actions, causes of action, including attorney’s fees, costs and expenses of any kind, which may be made against them which arise out of my participation in equine activities. Assumption of Inherent Risk for Equine Activities. Participant acknowledges he/she has read and understands the New Hampshire Equine Liability Statute NH RSA 508:19, and he/she agrees that all of its provisions apply to him/her, the Releasees, and this Agreement. I fully realize the risks and dangers of participating (which includes auditing) in equine related activities and fully assumes the inherent risks associated with such audit/participation. "Inherent risks of equine activities" means those dangers and conditions which are an integral part of equine activities, including, but not limited to: (a) the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; (b) the unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons, or other animals; (c) certain hazards such as surface and subsurface conditions (some may not be obvious to me or reasonably not known by the Releasees); (d) collisions with equines or objects; and (e) the potential of another Participant or person to act in a negligent manner that may contribute to injury to me or others, such as failing to maintain control over a horse or not acting within their ability. MINORS ARE REQUIRED TO WEAR HELMETS AND APPROPRIATE ATTIRE AT ALL TIMES AND EXECUTE A MINOR LIABILITY WAIVER, INCORPORATED HEREIN BY REFERENCE. Helmets and Proper Attire. I acknowledge that all horse handlers and riders must wear protective headgear which meets or exceeds the quality standards of the SIE certified ASTM standards while riding. Entire Agreement; Construction; Attorney’s Fees. This contract contains the entire understanding of the parties and may be modified only in writing. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder of the provisions contained herein. This Agreement shall be interpreted and construed by the laws of the State of New Hampshire. Jurisdiction shall lie with the Rockingham County. In the event the Releasees retain an attorney to attempt to collect any sums due to them hereunder, to enforce any of their rights under this contract or state law, or to defend any action brought against them, in addition to any and all other remedies available to them under the law, they shall be entitled to recover reasonable attorney’s fees and costs from the Participant (if they prevail). I have carefully read this Release and I fully understand its content. I am aware that this is a Release of Liability, a waiver of legal rights and a contract between myself and the Releasees identified above. I sign this Release at my own free will. This Release shall be in full force and effect as of the date of this signature and for any and all future dates. THIS IS A VOLUNTARY RELEASE OF LIABILITY ON BEHALF OF YOUR CHILD. IT IS ALSO A BINDING ASSUMPTION OF RISK AND INDEMNITY CONTRACT. I, the undersigned, knowingly and voluntarily agree to indemnify and hold harmless Patchwood Farms, LLC its members, managers, employees, representatives and assigns (collectively “the Releasees”) for all actions, causes of actions, suits and any and all claims, demands and liabilities whatsoever, both in law and equity, which result from my child’s (named below) participation in equine activities and/or my child’s presence around equines. I understand that this indemnification and hold harmless agreement applies to any injury(s) or damage(s) to person or property that results from the inherent risks of equine activities and/or the Releasees’ negligence. The terms hereof shall be binding on my executors, heirs, administrators, and assigns, and shall serve as an assumption of risk and general release for all members of my family including my minor child participating in equine activities. Whereas the Participant is a minor, under the age of eighteen (18) years, the signatures of all parents/guardians are required below as well as the signature of the Minor. If only one parent/guardian’s signature is provided, that parent/guardian: (1) warrants he/she has informed the other parent/guardian of this Waiver and obtained his/her consent; (2) hereby releases the Releasees, on behalf of both parents/guardians from any and all liability, absent the Releasees’ gross negligence, as stated herein and in the Waiver and Release of Liability Agreement, incorporated by reference; and (3) agrees to indemnify and hold the Releasees harmless from any causes of action that may arise as a result of my child’s participation in equine activities or presence at . I understand it is my responsibility to ensure my child understands and complies with the policies stated herein. PHOTO RELEASE: I agree that as a condition and in consideration of my presence at Patch Wood Farms, Patch Wood Farms, LLC may use, publish, copyright or assign photographs, videos, or any other likenesses of me taken while on the grounds. I hereby expressly and irrevocably waive and release any rights in connections with such use, including any claim to compensation, invasion of privacy, right of publicity or misappropriation.
MEDICAL RELEASE: Patch Wood Farm LLC and it's employees have my permission to obtain emergency medical treatment for myself and/or my child when I/my emergency contact cannot be reached or if a delay would be dangerous for them.
Today's Date: September 7, 2024 |