RELEASE AND WAIVER OF LIABILITY

 

I, ____________________________________________, am aware that horseback riding, trail riding, riding to hounds, jumping and other equine activities are athletic events which pose potentially serious risk of injuries or death to their participants. I understand that my horse or I may be injured or die as a result of my negligence, the negligence of others, or through no fault of myself or anyone else, because the nature of the activity in which I am going to be engaged. I also understand that horses, even the most well trained, are often unpredictable and are often difficult to control.

With this waiver I accept notice of the provisions of the Equine Liability Act, §§ 3.1-796.130 through 3.1-796.133 of the Code of Virginia, 1950, as amended, which state in part: (i) the propensity of an equine to behave in dangerous ways which may result in the injury to the participant; (ii) the inability to predict an equine’s reaction to sound, movements, objects, persons or animals; and (iii) the hazards of surface or subsurface conditions. The waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing to TuDane Farm, with a copy to lessor Diana McNaughton, 9117 Harts Mill Road, Warrenton, VA 20186.

Furthermore, with this waiver, I expressly assume the risk of injury or death due to negligence by Jonelle Mullen Stern, her agents, employees, including Tracy Mullen, staff and lessor for my own safety or for the safety of my minor child.

With the knowledge of the foregoing, and as an inducement for Jonelle Mullen Stern to allow me to ride, board and receive instruction with her or Tracy Mullen, I hereby agree to waive or release any and all rights that I or my heirs may have to make claim against Jonelle Mullen Stern and her agents, employees, staff, lessor and participants, or any landowners over whose land I ride, arising from any damages, injury or death which I might sustain or which might occur to any horses I am riding as a result of my horseback riding. I further agree to indemnify and hold harmless all of the foregoing from any claims which I might make or which might be made on behalf by others or which might be made against me by others, arising from riding with Jonelle Mullen Stern or Tracy Mullen. Furthermore, I agree to indemnify Jonelle Mullen Stern, her agents, employees, staff, lessor or any landowners, their families, employees or tenants, for any injury, death, loss or damage to any personal property which might occur during an equine activity as defined by § 3.1-796.130 of the Code of Virginia, 1950, as amended, or social functions sponsored by Jonelle Mullen Stern when such injury, death, loss or damage occurs on the property of a landowner.

BY SIGNING THIS WAIVER AND RELEASE, I UNDERSTAND THAT I AM GIVING UP, (WAIVING AND RELEASING) ANY RIGHT I MIGHT HAVE TO SUE OR MAKE A CLAIM WHICH I MIGHT HAVE OR WHICH MIGHT SUBSEQUENTLY ARISE OR OCCUR AGAINST JONELLEMULLEN STERN AND HER AGENTS, EMPLOYEES, TENANTS, OVER WHOSE LAND I RIDE, FOR ANY INJURIES I MIGHT SUSTAIN WHILE HORSEBACK RIDING OR PARTICIPATION IN AN EQUINE ACTIVITY, AND THAT I AM INDEMNIFYING AND HOLDING HARMLESS, JONELLE MULLEN STERN AND HER AGENTS, EMPLOYEES, STAFF, LESSOR, AND/OR ANY LANDOWNERS, THEIR FAMILIES, EMPLOYEES AND TENANTS, OVER WHOSE LAND I RIDE, FOR INJURING ANYONE ELSE OR ANY HORSE RIDDEN BY ANOTHER WHILE SO ENGAGED. IT IS MY INTENT TO GIVE UP THOSE RIGHTS AND PROVIDE THE HOLD HARMLESS AGREEMENT, AND I DO SO KNOWINGLY AND VOLUNTARILY.

 

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Participant

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Parent or Guardian Release or Waiver

I am the parent or guardian of ____________________________________, a minor, and on the minor’s behalf and on my behalf and on behalf of all other parents or guardians of the minor, I accept the release and waiver of liability at the top of this form as inducement for allowing my child, or this minor, to ride with Jonelle Mullen Stern and/or Tracy Mullen. I further authorize any emergency medical care which may be necessary. I represent and warrant that I have the authority to give this release.

 

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Parent or Guardian

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Date