RELEASE AND WAIVER OF LIABILITY. In consideration of my being permitted to enter upon the premises known as “Finnway Farm”. to use the Finnway Farm property and facilities, to participate in tours, to receive training, or instruction, or participate in related activities, including, but not limited to walking, hiking, sightseeing, and equine activities (collectively, the “Activities”), I, being18 years of age or older, do hereby forever release, waive, discharge, and covenant not to sue F.H. Farm, LLC, and its past, current, and future owners, members, officers, directors, employees, volunteers, representatives, affiliates, agents, successors, and assigns, and Finnway Farm, LLC, and its past, current, and future owners, members, officers, directors, employees, volunteers, representatives, affiliates, agents, successors, and assigns (collectively, “Finnway Farm”) from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to or connected with my participation in or attendance at the Activities, and any travel related thereto, to the fullest extent permitted by law. I promise not to sue and agree to indemnify Finnway Farm for any of the foregoing. I further agree to release Finnway Farm from all claims and liability as a result of my voluntary participation in the Activity, to the extent that those claims and liability are caused by existing conditions on the Finnway Farm property, by my own negligence or willful misconduct, or by the negligence or willful misconduct of others participating in the Activity, to the fullest extent allowable by law. I further agree that Finnway Farm assumes no responsibility for the welfare of my property or belongings in the Activity.
ASSUMPTION OF RISKS. I acknowledge and understand that some of the Activities and related travel involve, or may involve, contact with heat, humidity, cold, wind, precipitation, water, ice, snow, dirt, rocks, and/or branches, high physical exertion, physical impact, that may involve activities off the ground that are inherently high risk, and that may involve equines and the unpredictability of equines, as described in the Equine Activities Risks section below. I acknowledge that I am entering into this Waiver of Liability, Release, and Assumption of Risks Agreement (the “Agreement”) knowingly and voluntarily. I assume all responsibility and assume all risk associated with participation in the Activities and associated travel. I fully acknowledge and recognize that risks may be involved in the Activities, and that such risks may result in physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct or indirect result of my participation in the Activities, including travel to and from the activity. I expressly agree in consideration of being permitted to participate in the Activities that I fully accept and assume all such risks and all responsibility for losses, costs, or damages incurred by me that may be caused by my own actions or inaction or the actions or inaction of others participating in the Activities. I represent that I am physically able to undertake any and all such activities. If, at any time, I believe conditions to be unsafe, I will immediately discontinue my participation in the Activity. EQUINE ACTIVITIES RISKS (Virginia Code § 3.2-6200, et seq.). I acknowledge that I have full and complete notice and understanding of all the intrinsic dangers and risks of equine activities which may cause, contribute to, or result in the death or personal injury to me or damage to my property, including, but not limited to: (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, and 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 that I will act in a negligent manner that may contribute to injury to myself or others, such as failing to maintain control over the equine or not acting within my abilities. I wish to participate in equine Activities knowing that they are DANGEROUS, and hereby agree to accept and assume all risks of injury, including death, to me or my property resulting from my participation in such activities, to the fullest extent permitted by law, including the Virginia Equine Activity Liability Act, Va. Code § 3.2-6200, et. seq.
I acknowledge and agree to strictly adhere to Finnway Farms’ safety and use rules relating to Equine Activities, including the following: (1) Barn hours are strictly limited to 8:00 a.m. - 4:00 p.m. Outside of that time period, Barn operations are closed and off limits; (2) No treats of any kind are to be provided to any of the horses; (3) No entrance is permitted in the horse stalls, arenas, pastures, or fields, with or without horses; (4) No smoking in or around the stable area; (5) No pets are permitted to go into the fields with the horses, and all pets must be kept on a leash at all times while in the stable area; (6) No children are permitted in the stable area without adult supervision; (7) No running, yelling, or similar behavior is permitted in the stable area; (8) No climbing is permitted on the fences (Note: some fences are electrified); and (9) No trash is permitted to be left in the stable area. COVID-19 RELATED RISKS. I further understand that while Finnway Farms has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Activities, Finnway Farms is not responsible in any manner for any risks related to COVID-19 in connection with the Activities. I understand that the CDC has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the Activities and related travel carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
PHOTO/VIDEO RELEASE. I authorize Finnway Farm to record and publish all photographs and videos in which I appear or speak that are taken by or for Finnway Farm (the “Recordings”). I agree that Finnway Farm may use, reproduce, publish, perform or distribute these Recordings, for any purpose, including promotional and advertising use, alone or in combination with other recordings, in all media (print and electronic). Recordings may be edited, e.g. to conform to space and time requirements, applicable laws and regulations, telecast and publishing policies, and to insert commercials and other announcements. This right and permission includes, but is not limited to, use of my name, voice, photograph or likeness, and biographical information, to the extent permitted by law. I release all claims against Finnway Farm and others with respect to the copyright, publication, or use of such photographs or videos, including any claim for compensation related to the use of the Recordings permitted herein.
I hereby authorize and consent to any emergency medical care which may at the time appear reasonably appropriate under the circumstances as a result of injury or sickness caused by or incurred in the course of an Activity. I understand that Finnway Farm does not and will not provide medical or hospitalization insurance for me. I certify that I will be covered by my own insurance while participating in the Activities.
This Agreement shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made and delivered electronically. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or issue that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily. I represent that I am 18 years of age or older. If I am bringing a minor as a guest, I acknowledge and agree that I am solely responsible for the supervision of that minor throughout the duration of the Activities, have read this Agreement, and agree to it on the minor’s behalf. If I am bringing other guests 18 years of age or older, I will ensure, and I represent and warrant, that each such guest has read and agreed to this Agreement, which shall apply to each of them as if the reference to "I" was a reference to him/her. [SIGNATURE PAGE FOLLOWS] I have read and understood this Agreement and enter into it voluntarily in consideration of the opportunity to participate in the Activities and related travel. I acknowledge I am giving up legal rights and/or remedies which may be available to me. October 25, 2024
[NAMES/SIGNATURES FOR PARENT OR LEGAL GUARDIAN FOR GUESTS OR VISITORS UNDER AGE 18]
Please list children under eighteen years of age below:
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