NOTICE OF LAWS LIMITING LIABILITY AND STATUTORY WARNINGS:
In addition to the release, waiver and indemnity provisions of this Agreement, I understand and agree that I/my child have been advised that the duty of care owed by a Landowner and I/my child's ability to recover damages from any Protected Party, are affected by the applicable State and Federal laws, and that the Protected Parties are relying on the limitation of liability provided by these statutes and this Agreement as a condition for use of the Property and participation in Equine Activities. For property in North Carolina, a Landowner's duty of care is generally limited to that owed to a trespasser (NC Statutes, Section 38A-4). For property in South Carolina, a
Landowner generally owes no duty of care to keep the premises safe for entry or use by persons who have permission to use it for recreational purposes or to give any warning of a dangerous condition. (SC Code of Laws, Title 27, Ch. 3).
WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes.
WARNING: Under South Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina, 1976.
I/MY CHILD PARTICIPATES IN EQUINE ACTIVITIES FOR PERSONAL BENEFIT AND ENJOYMENT, AND AGREE TO COMPLY WITH ALL RULES OF PARTICIPATION AND PROPERTY USE OF THE FOUNDATION AND OF ALL "PROTECTED PARTIES" AND VENUES. I/MY CHILD HEREBY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS ANY PROTECTED PARTY FROM ANY LIABILITY FOR ANY ACCIDENT, INJURY, sickness and disease (including communicable diseases), LOSS OR DAMAGE, INCLUDING DEATH, RESULTING FROM EQUINE ACTIVITIES, USE OF THE PROPERTY, AND/ OR NEGLIGENCE BY ANY PROTECTED PARTY. FAILURE TO COMPLY WITH OBLIGATIONS HEREUNDER WILL REVOKE PERMISSION TO USE THE PROPERTY IT IS MY INTENTION FOR MY/MY CHILD'S HEIRS, EXECUTORS, ADMINISTRATORS OR OTHER REPRESENTATIVES, THAT EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, I/MY CHILD WILL NOT BRING ANY CLAIM, CAUSE OF ACTION, AND/OR LIABILITY SUIT AGAINST, AND WILL RELEASE, HOLD HARMLESS, AND INDEMNIFY ANY PROTECTED PARTY FROM AND AGAINST, ANY LOSS, COST OR DAMAGE RESULTING FROM ANY INJURY WHICH WE MAY SUFFER ON THE PROPERTY OR PARTICIPATING IN EQUINE ACTIVITIES.
IN ADDITION, I/MY CHILD AGREE TO REIMBURSE, DEFEND, HOLD HARMLESS AND INDEMNIFY THE PROTECTED PARTIES FROM ANY INJURIES AND DAMAGES RESULTING FROM MY/THEIR NEGLIGENCE OR FAILURE TO COMPLY WITH THIS AGREEMENT, INCLUDING SUBROGATION OR OTHER ACTIONS BY THIRD PARTIES. THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT DURING ALL EQUINE ACTIVITIES AND/OR USE OF THE PROPERTY.
I hereby state that I am of lawful age to sign this Agreement and if I am signing on behalf of a minor, that I have the authority to enter into this Agreement on behalf of that minor. I understand that each and every one of the terms are contractual and not a mere recital, and that this document is signed by my own free act. This Agreement shall remain in full force and effect and shall not expire nor require annual renewal.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I AM GIVING UP LEGAL RIGHTS, CREATING LEGAL OBLIGATIONS, AND ASSUMING ALL RISK OF LOSS OR INJURY.
The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
By signing below, I (as the participant or as the Parent/Legal Guardian of the minor identified below) hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the minor’s) participation in the Equine Activities. If, despite this Agreement, I, or anyone on my behalf or the minor’s behalf, makes a claim for liability against any of the Protected Parties, I will indemnify, defend and hold harmless each of the Protected Parties from any such liabilities as the result of such claim.