This Release of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) is executed on February 22, 2025 by the named Participant, or the parent or legal guardian of Participant if Participant is a minor, in favor of Northern New Mexico Horsemen’s Association (“NNMHA”), its officers, directors, employees, agents and volunteers. In consideration of Participant’s execution of this Agreement, NNMHA agrees to allow Participant to participate in its Event. WAIVER AND RELEASE OF LIABILITY PARTICIPANT WAIVES ANY CLAIM HE/SHE MIGHT HAVE AGAINST NNMHA AS A RESULT OF PHYSICAL INJURY INCURRED IN CONNECTION WITH ANY EVENT SPONSORED OR CO-SPONSORED BY NNMHA, INCLUDING TRAIL RIDES, EQUESTRIAN TRAINING AND SAFETY CLASSES. Participant understands that an “event” includes observing or participating in any activity which takes place before, during or after the event itself. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK Participant certifies that he/she is voluntarily participating in equestrian activities provided by the NNMHA and knowingly assumes all risks associated with these activities, both known and unknown. Participant acknowledges that he/she has been advised to wear appropriate safety equipment, including helmets. Participant further certifies that he/she: - Has supplied his/her mount’s tack, including saddle and bridle, and is solely responsible for securing and adjusting such equipment.
- Has not prior to, and will not during, any Event consumed any alcohol or drugs.
- Has not been advised by any health care professional to avoid equestrian activities.
INHERENT DANGERS Participant acknowledges and understands that activities involving horses are inherently dangerous and carry risks, including, but not limited to, the risk of serious bodily injury, permanent disability, paralysis, or death. Risks include, but are not limited to: - The unpredictable nature, behavior and reaction of horses to sounds, sudden movements, unfamiliar objects, persons or other animals.
- Natural hazards, including terrain, weather conditions, wildlife, and plants.
- Risks associated with riding, handling, grooming, and proximity to horses.
- Potential equipment failure or inadequacy.
Participant acknowledges that under New Mexico law (NMSA § 42-13-1 et seq.), an equine activity sponsor is not liable for injury to or death of a participant resulting from the inherent risks of equine activities. By signing this Agreement, the Participant is aware of and accepts the limitations of liability as provided by New Mexico law. INDEMNIFICATION The Participant agrees to indemnify and hold NNMHA harmless from any claims, demands, or causes of action brought by third parties arising from Participant’s actions or omissions while engaged in NNMHA sponsored activities. PHOTO RELEASE I hereby grant NNMHA permission to use Participant's image, likeness, or photograph taken at an NNMHA event in any and all of its publications, including print, digital, and online media, without compensation, for promotional purposes. MEDICAL CONSENT AND EMERGENCY TREATMENT Participant authorizes NNMHA to secure emergency medical treatment on his/her behalf if necessary and agrees to assume all costs associated with such treatment. SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of the State of New Mexico. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or representations. NNMHA Representative: Howard Gershon, President February 22, 2025 Howard Gershon Staff Signature
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