I request permission to participate in cross-country riding and fox hunting with the Wentworth Hunt. I fully understand that cross- country horseback riding and fox hunting (which includes riding over fences, other obstacles, and steep and rough terrain) are very dangerous activities. I wish to participate in these activities knowing they are dangerous. I accept and assume all the risks of injury (including death) to me or my property. In exchange for being permitted to participate in these activities, for myself, my heirs, guardians, and legal representatives, I release and agree not to make or bring any claim of any kind against the Wentworth Hunt, or its masters, officers, directors, members, employees, or guest or any landowners, landholders, or any other persons making property available for the Wentworth Hunt, for any injury (including death), to me or any damage to my property whether from anyone’s negligence or not, or any other cause, arising out of my participation in these dangerous horseback riding, fox hunting or related activities; and I also agree if anyone makes any claims because of any injury to me (including death), or for any damage to my property, I will keep all those released by this agreement free of any damages or costs because of those claims. Rider safety is of utmost importance to Wentworth Hunt, along with the safety of our ground crew, hounds, and horses. We strive to lead hunts which are exciting and enjoyable for riders, while keeping safety for all in mind. As with any horseback riding experience, injuries do happen, some more serious than others. The following is the policy adopted by Wentworth Hunt for serious injuries. Serious injuries and waivers: In the event that a person sustains what the Hunt deems a serious injury (see below for examples) the Hunt WILL call 911 so that the injured person can be evaluated by an EMT and then treated accordingly. Because an injured person is not always in the best frame of mind to make a decision about the need for medical care, the decision to call 911 is to be made by the people who are attending the injured person and at least one Master, if possible. All such costs shall be the responsibility of the injured rider/person, not the Hunt. From MFHA Rider Down! publication (https://mfha.com/policies-guidelines) “WHEN TO CALL 911: Always, always, always call for help when a rider has fallen and: *Is unconscious for any period of time *Is dazed and/or doesn’t respond normally *Has damage to the helmet *Is complaining of pain in the neck, back or head *Has obvious fractures *Has an allergic reaction from a bee or wasp sting *Seems to be in shock.
ATTENTION! Under New Hampshire law, a participant in equine activities assumes the risk of any injury, harm, damage, or death and any legal responsibility that may occur to participant resulting from the inherent risks associated with equine activities. Pursuant to R.S.A. 508:19
General Release for Tuckaway Farm Owners & Sheltering Rock LLC - Hold Harmless and Indemnity Agreement for Equine and Related Activities This agreement is made between Tuckaway Farm owners & Sheltering Rock LLC and the Rider and Rider’s parents (or guardian if Rider is a minor). In exchange for the use and enjoyment of the property of Tuckaway Farm & Sheltering Rock services, training, skills, animals or facilities, today and for all future dates, whether for fee or not. The Rider and Rider’s parent or guardian on behalf of Rider each, and their heirs, and assigns hereby release, hold harmless and indemnify Tuckaway Farm owners & Sheltering Rock LLC, its agents, employees and assigns, for any and all activity in any way related to equine activities, including but not limited to any activity for which the Rider and/or parents or guardian may be present on the premises of Tuckaway Farm & Sheltering Rock LLC, including as a spectator. - If only one parent signs this agreement for a minor child, that parent represents that they have the authority to sign on behalf of and thereby binds both parents.
- Rider and Parents agree to abide by all rules and regulations of Tuckaway Farm & Sheltering Rock LLC.
- Rider and Parents agree to carry insurance on their personal property and themselves and acknowledge that insurance is not provided by Tuckaway Farm owners or Sheltering Rock LLC.
- Rider and Parents understand and agree that horseback riding in all respects (including but not limited to jumping fences and other obstacles, polo, trail riding over steep and rough terrain, etc.) can be a very dangerous activity, and agree nevertheless to participate in these activities knowing that they are dangerous and accept and assume all the risks of injury, including death, for the rider or to their property.
- Rider and Parents agree that any work done by them without monetary compensation in and around Tuckaway Farm or Sheltering Rock LLC does not make them employees or agents of Tuckaway Farm or Sheltering Rock LLC.
- Rider and Parents agree that they are voluntarily participating in activities at Tuckaway Farm & Sheltering Rock LLC and are under no compulsion to do so. Rider and Parents assume and accept any and all risks involved in or in any way arising from their use of, or presence upon, the property and facilities and the services of Tuckaway Farm & Sheltering Rock LLC, including but not limited to bodily injury, death, property damage, and the unavailability of emergency medical care, or any other loss or damage, even if the method of injury or loss or the nature and extent thereof are not contemplated at the time of signing of this agreement.
- Rider and Parents acknowledge that by this agreement the rights of Tuckaway Farm & Sheltering Rock LLC will extend to those under RSA 508:19 and beyond to the greatest extent permitted by New Hampshire law.
NH Statute 508:19 Liability; Equine Activities II. Except as provided in paragraph III of this section, an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities and, except as provided in paragraph III of this section, no participant's representative shall make any claim against, maintain an action against, or recover from any other person for injury, loss, damage, or death of a participant resulting from any of the inherent risks of equine activities.
Each participant in an equine activity expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in an equine activity. Each participant shall have the sole responsibility for knowing the range of his or her ability to manage, care for, and control a particular equine or perform a particular equine activity, and it shall be the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular equine at all times while participating in an equine activity, to heed all posted warnings, and to refrain from acting in a manner which may cause or contribute to the injury of any person. 7. By signing this document, Rider and Parents agree to not bring any claim of any kind whatsoever against Tuckaway Farm and Sheltering Rock LLC, its agents, employees and assigns, arising out of any and all activity in any way related to equine activities, including but not limited to any activity for which the Rider and/or Parents or guardian may be present on the premises of Tuckaway Farm or Sheltering Rock LLC, including as a spectator. In addition, they agree to hold Tuckaway Farm and Sheltering Rock LLC harmless and indemnify it from any such claims that may be brought, and that such indemnity will extend to any amounts for which Tuckaway Farm and/or Sheltering Rock LLC may be liable, including attorney’s fees and costs. 8. Notwithstanding anything contained within, rider and parents understand that this agreement is intended to and does extend to claims of any kind, including the negligence of Tuckaway Farm and/or Sheltering Rock LLC, its agents, and employees whether allegedly due to their actions or the actions or negligence of third parties. By signing this agreement, rider and parents and guardian understand that Tuckaway Farm and/or Sheltering Rock LLC, its agents, and employees will not be responsible for the consequences of their own negligence. 9. This agreement constitutes a contract made and entered into in the State of New Hampshire, and shall be enforced and interpreted under the laws of this state. Should any clause herein be declared invalid by a New Hampshire court, all other clauses shall remain in full force and effect. Garrison House Farm Release Form RELEASE AND INDEMNIFICATION This release and indemnification is made by and between the undersigned Participant (the “Participant”) and any and all persons and parties now or hereafter having any interest in the farm known as Garrison House Farm, its owners, Joseph Vaillancourt and Ann Wicander together with any and all employees, servants and agents; any and all sponsors, judges, instructors, volunteers, coordinators, officials, benefactors; any and all persons having any interest in the land known as Garrison House Farm and located at 151 Packers Falls Rd., Durham, NH. Garrison House farm permits individuals to ride on and about the Property. As used herein, the word “horse” shall include horses and ponies of every kind. The Participant wishes to ride and/or work with one or more Horses at Garrison House. Garrison House Farm will not permit the Participant to work with or ride any of the Horses without the execution of this release and indemnification which is of material significance to Garrison House Farm NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant agrees as follows:
1. Inherent Risks. The Participant acknowledges and understands that horses and activities related to horses are inherently dangerous and that there are dangers and risks which are an integral part of equine activities, including but not limited to the propensity of horses to behave in ways that may result in injury, harm or death to persons on or around them; the unpredictability of a horse’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface conditions and subsurface conditions; collisions with other horses and objects; and, the potential of the Participant to act in a negligent manner that may contribute to injury to himself or herself or others, such as failing to maintain control over the animal or not acting within his or her ability. Despite these inherent risks, the Participant has chosen to ride and/or work with and around the Horses (the “Activities”).
2. Participant’s Representations. The Participant hereby warrants and represents that: (a) the Participant is a competent rider at the level at which he or she is riding; (b) that the Participant has been familiarized with the horse with which he or she is working and/or riding; (c) that the Participant has been given the opportunity to inspect, observe and ask questions about such horse; (d) that the Participant is aware of and has been informed about the characteristics of the particular horse and its suitability to participate in equine activities; (e) that the Participant is competent and capable of safely working around and/or riding such horse; and, (f) that the Participant has voluntarily chosen and desires that he or she be permitted to ride such horse. The Participant represents, warrants, covenants and agrees that he or she will not: (i) ride or otherwise use any horse, whether owned by the Participant or another, in any activity which is beyond the Participant’s ability to engage in safely; (ii) use any horse whether owned by the Participant or another in any activity or for any purpose if the Participant is unable to safely manage, control and ride such horse; (iii) allow any person to use any horse owned, leased or under the care, custody or control of the Participant in any activity or for any purpose if such person is unable safely to ride or manage such horse; (iv) allow any person to ride or work with or around any horse owned, leased or under the care, custody or control of the Participant without first determining such person’s competency to ride and/or work with and around such horse. The Participant acknowledges that Garrison House farm has and may rely on such representations.
3. Instructions and Authorization. The Participant agrees to follow the instructions Garrison House farm at all times and not to undertake any activity which Garrison House farm has not specifically authorized. In no event shall Garrison House farm be held liable for any injury to or death of the Participant due to the Participant’s non- compliance with the instructions of Garrison House farm or the Participant’s actions which have not been specifically authorized by Garrison House farm in each instance.
4. Equipment. The Participant represents, warrants, covenants and agrees that he or she will use his or her own tack and equipment in connection with riding, caring for and working around any horse, whether such horse is owned by the Participant or another, and that in any and all events, the Participant will carefully examine all tack and equipment before using it and that he or she will not use any tack or equipment that upon examination by the Participant is found to be faulty or in need of repair. The Participant further represents, warrants, covenants and agrees that he or she will not allow any other person to use any tack or equipment owned by the Participant whether in connection with the use of a horse owned, leased, or under the care, custody or control of the Participant without first examining such tack or equipment before each use by such other person and determining that such tack or equipment is not faulty or in need of repair. The Participant acknowledges and understands that the tack and equipment used in connection with the Activities, including but not limited to saddles, bridles, bits, brushes, pitchforks, shovels, brushes, combs and hoof picks are each given to wear and tear. In the event that the Participant locates any defects or breakage in any tack or equipment owned or utilized by Garrison House Farm, he or she shall immediately notify Garrison House Farm. Garrison House farm has not undertaken to inspect any tack or equipment and it shall be the Participant’s sole responsibility to check all tack or equipment before using it. In no event shall Garrison House farm be held liable for any injury to or death of the Participant caused by any defect in any tack or equipment, whether or not such equipment is owned, utilized and/or provided by Garrison House farm.
5. Helmets. The Participant hereby acknowledges that it has been warned of the dangers involved in failing to wear protective headgear and that Garrison House Farm STRONGLY URGES all individuals to wear ASTM-SEI approved protective headgear at all times. The Participant hereby specifically remises, releases and forever discharges and by this Agreement does for him or herself and his or her heirs, executors and administrators, remise, release and forever discharge Garrison House Farm of and from all manner of actions, cause or causes of actions, suits, reckonings, controversies, damages, claims and demands, in law or at equity, that he or she now has or hereafter can or may have or which his or her heirs, executors or administrators hereafter can, shall or may have by reason of any injury to or death of the Participant resulting from, or aggravated by, the failure of the Participant to wear protective headgear. YOUR INITIALS BELOW ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED THAT WEARING ASTM-SEI APPROVED PROTECTIVE HEADGEAR AT ALL TIMES HAS BEEN PROVEN TO SIGNIFICANTLY REDUCE THE CHANCE AND SEVERITY OF HEAD INJURIES AND THAT BLACK OAK STRONGLY URGES YOU TO WEAR PROTECTIVE HEAD GEAR AT ALL TIMES.
6. Condition of the Land. The Participant hereby represents and states that he or she has had an opportunity to walk around and inspect the Property and that he or she is familiar with the boundaries of the Property and the location and condition of the riding arenas and trails. The Participant understands and acknowledges that the Participant may be riding and/or working in the stable area as well as in the arenas, fields, pastures, trails and other land located at Garrison House Farm or which Garrison House Farm has permission to use (collectively, the “Land”) and that the Land presents certain hazards of which Garrison House Farm may be or should be aware. Garrison House farm has not undertaken to inspect Garrison House Farm for hazards which may exist on the Land and has not undertaken to warn the Participant of any hazards which may exist on the Land. It shall be the Participant’s sole responsibility to carefully inspect the Land for any hazards prior to undertaking any activity. The Participant specifically agrees to hold Garrison House Farm harmless from any injury or death arising from the conditions of the Land and/or the Property.
7. Release. The Participant agrees that he or she shall not hold Garrison House Farm liable for any injury to or death of the Participant resulting from or related to his or her involvement in equine activities and/or the Activities. The Participant hereby remises, releases and forever discharges Garrison House Farm for him or herself and his or her heirs, executors and administrators, of and from all manner of actions, cause or causes of actions, suits, reckonings, controversies, damages, claims and demands, in law or at equity, that he or she now has or hereafter can or may have or which his or her heirs, executors or administrators hereafter can, shall or may have by reason of any injury to or death of the Participant caused by or in any manner related to equine activities and/or the Activities.
8. Indemnification. The Participant further indemnifies, agrees to defend with counsel acceptable to Garrison House Farm and holds Garrison House Farm harmless for any injury or damage caused, directly or indirectly, by the Participant or any horse owned, leased or under the care, custody or control of the Participant, to any person, property of any person or Garrison House Farm, which injury or damage is caused, directly or indirectly, by the Participant, including but not limited to damage or injury to any person, the Horses, any other horses which may be at Garrison House Farm from time to time and any personal or real property.
9. Acknowledgment of Warnings. The Participant hereby acknowledges that he or she has been warned about the risks related to equine activities and the Activities and represents that he or she has been informed about the characteristics of each of the Horses which he or she shall be riding or with which he or she shall be working. The Participant has had the opportunity to ask questions of Garrison House Farm and is satisfied that he or she understands the risks involved in equine activities and the Activities. By his or her execution of this Release and Indemnification, the Participant agrees to be bound by and comply with the terms hereof and acknowledges that he or she wishes to engage in equine activities despite the risks and potential dangers involved. The Participant has not relied, and will not in the future rely, on any representations, statements or warranties of Garrison House Farm which are not specifically set forth herein.
10. Consent to Emergency Medical Care. In the case of any injury or apparent injury to the Participant while on Garrison House Farm and/or riding the Horses, the Participant hereby authorizes Garrison House Farm and any agent, employee, officer, director and/or partner thereof, to seek medical care and attention for the him or her, including but not limited to arranging for an ambulance to take the Participant to any medical care facility, transporting the Participant to any medical care facility and consenting to treatment, medication and/or surgery for the Participant. The Participant acknowledges that he or she shall be solely responsible for the payment of any medical costs and expenses incurred on behalf of the Participant and hereby indemnifies and agrees to hold harmless Garrison House Farm for any costs incurred by it on behalf of the Participant.
11. Emergency Veterinary Care. In the event of any injury to or illness of the horse owned or ridden by the Participant at any time while at the Property, the Participant hereby authorizes Garrison House Farm to undertake any veterinary care it may deem necessary or advisable under the circumstances, including but not limited to: providing emergency first aid and care to the Participant’s horse, contacting a veterinarian, transporting the Participant’s horse to any veterinary hospital or clinic, consenting to surgery, medication or any other procedure deemed necessary or advisable by Garrison House Farm under the circumstances. The Participant hereby acknowledges that he or she shall be solely responsible for the costs of any such care, medication, services, advice and the like related to veterinary care for the Participant’s horse and agrees to indemnify and hold Garrison House Farm harmless from and against any costs or expenses incurred by it for the benefit of the Participant’s horse. In addition, the Participant hereby releases Garrison House Farm from and against any and all liability for any injury or damage to the Participant’s horse caused by Garrison House Farm’s failure to take any action or election to pursue any course of action which Garrison House Farm deemed reasonable under the circumstances given the facts known to it at the time such decision was made.
12. Waiver of Loss of Consortium Claims. If the Participant is a married person, the undersigned spouse by the execution hereof, remises, releases and forever discharges for him or herself and his or her heirs, executors and administrators, Garrison House Farm of and from all manner of actions, cause or causes of actions, suits, reckonings, controversies, damages, claims and demands, in law or at equity, that he or she now has or hereafter can or may have or which his or her heirs, executors or administrators hereafter can, shall or may have by reason of any injury to or death of the Rider, including but not limited to actions for loss of consortium.
13. New Hampshire Contract. This Agreement is a New Hampshire contract and shall be interpreted and construed in accordance with the laws of the state of New Hampshire, without regard to conflicts of laws principals. The Participant hereby state under the pains and penalties of perjury that he or she has read this Release and Indemnification in complete detail, that he or she understands the consequences of executing this Release and Indemnification and that he or she executes this Release and Indemnification as an instrument under seal. |
