WHEREAS, IN CONSIDERATION FOR AND AS AN INDUCEMENT FOR CYNTHIA A. OLLIFF, BARRY M. OLLIFF, STABLE VIEW, LLC AND THE JOCKEY CLUB AGREEING TO ALLOW THE UNDERSIGNED TO ENGAGE IN EQUINE ACTIVITIES (INCLUDING BUT NOT LIMITED TO RIDING, TRAINING, BOARDING AND/ OR CARING FOR HORSES OWNED, LEASED OR UNDER THE CONTROL OF THE UNDERSIGNED (THE ‘’HORSES”) AT THE FACILITY OF CYNTHIA A. OLLIFF, BARRY M. OLLIFF AND STABLE VIEW, LLC LOCATED ON SPRINGFIELD CHURCH ROAD (THE”EQUESTRIAN CENTER”), ALL IN AIKEN COUNTY. SOUTH CAROLINA, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE UNDERSIGNED’S PARTICIPATION IN THE JOCKEY CLUB T.I.P. CHAMPIONSHIP HORSE SHOW (THE “SHOW”) I, FOR MYSELF, AND ON BEHALF OF MY SPOUSE, CHILDREN, HEIRS AND NEXT OF KIN, AND ANY LEGAL AND PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREBY AGREE TO AND MAKE THE FOLLOWING CONTRACTUAL REPRESENTATIONS, COVENANTS AND AGREEMENTS PURSUANT TO THIS ENTRY, RELEASE AND INDEMNITY AGREEMENT (THE “AGREEMENT”) : ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian and know that horseback riding and related equestrian activities are inherently dangerous, and that participation in the Show involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain and suffering, permanent disability, paralysis and death; loss of or damage to personal property (including my mount and equipment) arising out of the unpredictable behavior of horses or due to any other cause; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants and horses, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Show organizers and competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers (collectively, “Risks”). I Agree ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Show, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in the Show. I also agree to be responsible for any injury or damage caused by me, my horse, my employees or contractors under my direction and control at the Show. I Agree PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I hereby certify that I am physically fit for participation in the Show, have the skill level required in conjunction with my participation in the Show, and have not been advised otherwise. I agree that before I participate in the Show, I will inspect my mount and all equipment I will be using. In connection with any injury sustained or illness or medical conditions experienced during my attendance in connection with the Show, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to or do not have the capacity to act on my own behalf. Additionally, I authorize medical treatment for me, at my cost, if the need arises; however, I acknowledge that the Released Parties shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment. I represent that I have the requisite training, coaching and abilities to safely compete in this competition. I Agree WAIVER AND RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNITY: I (WE) HEREBY RELEASE, RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FOLLOWING PARTIES: THE SHOW, CYNTHIA A. OLLIFF AND BARRY M. OLLIFF (COLLECTIVELY. THE’’OLLIFFS”), STABLE VIEW, LLC (“SV”), THE JOCKEY CLUB (“TJC”) SHOW PARTICIPANTS (INCLUDING RIDERS, COACHES, TRAINERS, JUDGES/OFFICIALS, AND OTHER PERSONNEL), THE SHOW OFFICIALS AND MANAGERS; THE PROMOTERS, SPONSORS, OR ADVERTISERS OF THE SHOW; AND ALL OWNERS, DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, MEMBERS, INSURERS AND VOLUNTEERS OF ANY OF THE AFOREMENTIONED PARTIES OF ANY KIND (INDIVIDUALLY AND COLLECTIVELY, THE “RELEASED PARTIES” OR “EVENT ORGANIZERS”), WITH RESPECT TO ANY AND ALL LIABILITY, CLAIM(S), DEMAND(S), CAUSE(S) OF ACTION, DAMAGE(S), LOSSES, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEY FEES) OF ANY KIND OR NATURE (COLLECTIVELY, “LIABILITY”) WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO THE EQUESTRIAN CENTER, THE SHOW VENUE OR TO MY PARTICIPATION IN THE SHOW OR MY PREPARATION FOR PARTICIPATING IN THE SHOW, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIABILITY CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES OR ANY ONE OF THEM. I Agree I (WE) AGREE TO HOLD THE OLLIFFS, SV, TJC, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES HARMLESS FROM ANY CLAIM FOR LOSS OR INJURY THAT MAY BE ALLEGED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY TO ANY PERSON OR THING (INCLUDING THE HORSES) BY THE ACT OF OTHER PERSONS, OWNERS, GUARDIANS AND/OR THEIR ANIMALS WHILE AT THE FARM. I Agree I ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY TO THE PERSON OR PROPERTY OF MYSELF, ANY OWNER, LESSEE, TRAINER, MANAGER, AGENT, RIDER, HANDLER OR ANY OF THEIR RESPECTIVE GUESTS, INVITEES, EMPLOYEES, CONTRACTORS OR AGENTS. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE ARISING FROM OR RELATING TO THE SHOW. I ASSUME THE ENTIRE RESPONSIBILITY AND LIABILITY FOR LOSSES, DAMAGES AND CLAIMS ARISING OUT OF PERSONAL INJURY OR PROPERTY DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY ME OR MY HORSE. THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS IN THIS AGREEMENT ARE MATERIALLY BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. THE PARTIES HAVE AGREED THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. I Agree I (WE) ACKNOWLEDGE AND AGREE THAT THE COMPANY, TJC, SV AND THE OLLIFFS SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE(S) WHILE AT THE FARM. I (WE) UNDERSTAND AND ACKNOWLEDGE THAT ALL RISKS RELATED TO BOARDING, TRAINING, RIDING AND SHIPPING OF HORSE(S), OR FOR ANY OTHER REASON, ARE TO BE BORNE BY US. I (WE) FURTHER AGREE TO HOLD COMPANY, TJC, SV AND THE OLLIFFS HARMLESS FROM ANY CLAIM FOR LOSS TO OUR HORSE(S) BY DISAPPEARANCE, THEFT, DEATH OR OTHERWISE, AND FROM ANY CLAIM FOR DAMAGE OR INJURY TO OUR HORSE(S), WHETHER SUCH LOSS, DISAPPEARANCE, THEFT, DAMAGE OR INJURY, BE CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OF COMPANY, SC OR THE OLLIFFS, OR BY THE NEGLIGENCE OF ANY OTHER PERSON, OR ANY OTHER CAUSE OR CAUSES. THIS WAIVER RELATES SPECIFICALLY TO STABLE VIEW LLC. RIDING ON ADJACENT PROPERTY INVOLVES RISKS FOR WHICH STABLE VIEW LLC CANNOT BE HELD RESPONSIBLE. I Agree I (WE) HEREBY ACKNOWLEDGE THE RISKS RELATED TO COVID-19 A/K/A THE CORONAVIRUS. I AGREE TO HOLD SV AND TJC HARMLESS FROM ANY CLAIM FOR ILLNESS OR DEATH ARISING FROM THE VIRUS THAT MAY BE ALLEGED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY FROM EXPOSURE TO THE VIRUS AT THE SHOW, ANY SV FUNCTION OR FACILITY. I AGREE THAT SV AND TJC SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, OR DEATH WHICH MAY BE SUFFERED BY MYSELF OR ANY GUEST OR INVITEE OF MINE ARISING FROM OR RELATED TO THE VIRUS. I AGREE THAT ALL RISKS RELATING TO THE VIRUS ARE TO BE BORNE BY ME. I HEREBY ASSUME THE SOLE RESPONSIBILITY FOR AND AGREE TO INDEMNIFY, DEFEND AND SAVE SV AND TJC HARMLESS FROM ANY AND ALL LOSS AND EXPENSES (INCLUDING LEGAL AND EXPERT WITNESS FEES ACTUALLY INCURRED) BY REASON OF THE LIABILITY IMPOSED UPON SV AND TJC DUE TO ILLNESS, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM, SUSTAINED TO MYSELF, MY GUESTS AND INVITEES, ON ACCOUNT OF THE VIRUS. I EXPRESSLY WARRANT AND REPRESENT TO SV AND TJC THAT NEITHER I NOR ANY OF MY GUESTS OR INVITEES HAVE KNOWINGLY CONTRACTED NOR BEEN EXPOSED TO THE VIRUS NOR ARE ANY OF THE AFORESAID EXHIBITING ANY SYMPTOMS OF THE VIRUS. IN THE EVENT THAT I LATER DISCOVER THAT THE AFORESAID REPRESENTATION AND WARRANTY IS FALSE IN ANY MANNER, I AGREE TO IMMEDIATELY NOTIFY SV AND TJC, AND PROVIDE AS MUCH DETAILED INFORMATION AS IS AVAILABLE. I Agree I (WE) HEREBY ASSUME THE SOLE RESPONSIBILITY FOR AND AGREE TO INDEMNIFY, DEFEND AND SAVE COMPANY, SV, TJC AND THE OLLIFFS HARMLESS FROM ANY AND ALL LOSS AND EXPENSES (INCLUDING LEGAL AND EXPERT WITNESS FEES ACTUALLY INCURRED) BY REASON OF THE LIABILITY IMPOSED UPON ANY OF THE AFOREMENTIONED PARTIES DUE TO BODILY INJURIES, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM, SUSTAINED TO ANY PERSON OR PERSONS, INCLUDING MYSELF (OURSELVES) OR ON ACCOUNT OF DAMAGE TO PROPERTY,ARISING FROM OUR HORSE(S), HOWSOEVER SUCH INJURIES, DEATH OR DAMAGE TO PROPERTY OR PERSON MAY BE CAUSED, AND WHETHER OR NOT THE SAME MAY HAVE BEEN CAUSED BY OR ALLEGED TO HAVE BEEN CAUSED BY THE NEGLIGENCE OF COMPANY, SV OR THE OLLIFFS, OR THEIR AGENTS OR ANY OTHER PERSONS. I Agree I (WE) EXPRESSLY ASSUME ALL RISKS FOR MYSELF, GUARDIANS, MY CHILDREN, MY PETS AND MY ANIMALS HEREUNDER. I Agree I (WE) ACKNOWLEDGE AND AGREE, BY SIGNING THIS AGREEMENT, THAT PURSUANT TO S.C. CODE ANNOTATED SECTION 47- 9- 720, AN EQUINE ACTIVITY SPONSOR OR AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITY, AND NO PARTICIPANT OR PARTICIPANT’S REPRESENTATIVE MAY MAKE A CLAIM AGAINST, MAINTAIN AN ACTION AGAINST, OR RECOVER FROM AN EQUINE ACTIVITY SPONSOR, OR AN EQUINE PROFESSIONAL FOR INJURY, LOSS, DAMAGE, OR DEATH OF THE PARTICIPANT RESULTING FROM AN INHERENT RISK OF EQUINE ACTIVITY. I AGREE THAT I AM FAMILIAR WITH THE SOUTH CAROLINA LAW ON EQUINE LIABILITY IMMUNITY S.C. CODE ANNOTATED SECTION 47- 9-720. I Agree I (WE) UNDERSTAND THAT WE ARE WAIVING THE RIGHT TO BRING A LAWSUIT OR MAKE ANY OTHER CLAIM AGAINST COMPANY, SV, TJC OR THE OLLIFFS, THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES, AND I FURTHER UNDERSTAND THAT THIS RELEASE AND INDEMNITY WILL BE PRESENTED AS A COMPLETE DEFENSE AGAINST ME IF I (WE) DO BRING ANY LAWSUIT OR CLAIM AGAINST COMPANY, TJC, SV OR THE OLLIFFS, THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, VOLUNTEERS AND/OR EMPLOYEES. THIS RELEASE AND INDEMNITY SHALL BE BINDING UPON MY (OUR) HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGN. I Agree I agree that in addition to the provisions of this Agreement, I am subject to the Rules of the Show as supplemented by all rules or policies posted or otherwise provided prior to the Show and posted rules at the Show (collectively, the “Rules”). I have read and understand the Rules and I agree to be bound by the Rules. I will accept as final the decision of Show Management on any question arising under the Rules. I agree to release and hold harmless the Show and the Released Parties for any action taken under or pursuant to the Rules. I represent that I am eligible to enter and/or participate under the Rules, and every horse I am entering is eligible as entered. I also agree that as a condition of and in consideration of acceptance of entry, SV and/or TJC may use or assign photographs, videos, audios, cable-casts, broadcasts, internet, film, news media or other likenesses of me and my horse taken during the course of the Show for use at the discretion of SV or The Jockey Club. I hereby expressly and irrevocably waive and release any rights in connection with such use, including any claim to compensation, invasion of privacy, right of publicity or to misappropriation. I Agree PARTICIPATING RIDER CODE OF CONDUCT: In consideration for my participation in the Show, I agree to the Participating Rider Code of Conduct set forth in the Rules. I Agree If I am a parent or guardian of a junior exhibitor, I consent to the child's participation and AGREE to ALL of the above provisions for myself and my child (and my/my child’s horse) and AGREE to assume all of the obligations of this Agreement on the child's behalf as if the child was specifically identified therein. I Agree COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. I Agree MY SIGNATURE BELOW CERTIFIES THAT I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS A DEFENSE, HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARY SURRENDER CERTAIN LEGAL RIGHTS. BY SIGNING BELOW, I AGREE to be bound by all applicable Rules and all terms and conditions of this Agreement, and all terms and provisions contained in the Prize List or provided at the Show. If, despite this Agreement, I, or anyone on my behalf or a minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities as the result of such claim. SIGNATURE OF PARENT/GUARDIAN REQUIRED IF RIDER IS CURRENTLY UNDER 18. December 22, 2024 |