LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT
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Under New Jersey Law, an equine professional is not liable for an injury or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Section NJSA 5:15-1 to 5:15-1 12
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NAMES: _____________________________________________________
ADDRESS: ___________________________________________________________________
CITY/STATE: ________________________________________________ ZIP: _____________
CONTACT PHONE: _______________________
ACKNOWLEDGEMENT OF RISK
I / We, ________________________ ________________________ as well as all Minor Children in Guardianship, acknowledge that I have read the above statements and definitions, and hereby indemnify and hold harmless, Liberty Haven farm & Operation Hope. As well as its employees – volunteers and owners from any liability. This Includes but is not limited to any accident, injury, theft, or damages to myself, my representatives, my family, all equipment and property, and all animals under my jurisdiction. I have reviewed the safety tips and rules and will adhere to them strictly. This agreement shall continue for each and every visit to Liberty Haven Farm’s property.
The terms of this release form shall be construed as the entire agreement and may not be altered, amended, or modified except in writing and signed by both parties. The terms of this release shall be governed by the laws of the State of New Jersey
If under 21, the parent or guardian must read and sign the above, indicating his/her acceptance. Date: _________ Name:____________________
Signature : __________________________
Date: _________ Name:____________________
Signature : __________________________
Date: _________ Name:____________________
EQUINE ACTIVITY LIABILITY RELEASE, WAIVER OF RIGHT TO SUE
AND ASSUMPTION OF ALL RISKS
This Equine Activity Liability Release, Waiver of Right to Sue and Assumption of All Risks Agreement (“this Agreement”) is hereby given by the undersigned (i) to Liberty Haven Farm and agents and provides as follows:
In consideration for the opportunities provided by Liberty Haven Farm to the undersigned (including any minor in whose behalf the undersigned signs this Agreement) (the “participant”) by the use of stable’s or other’s horse(s) for the enjoyment of equine activities as a participant, the participant, including any minor participant for whom he signs this Agreement, hereby agrees as follows:
- This Agreement is given in part under the New Jersey Equine Activity Statute (NJ ST 5:15-1, et seq.) as it may now provide or be hereafter amended (the “Statute”). All terms defined by the Stature shall have the same meaning herein, and the Stature is hereby incorporated in this Agreement. This Agreement shall be so construed as to provide to Acres at MAgnolia, owners, facility and agents the fullest protection of a release, waiver of right to sue and assumption of all risks that is afforded by the Statute, by other applicable statutes and by general law.
- The participant hereby acknowledges that he has full and complete notice and understanding of the Statute and of all the risks inherent in equine activities which may cause, contribute to or result in the death or personal injury of the participant or damage to the participant’s property (the “Risks”). These risks include, but are not limited to: (I) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; (v) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within the participant’s ability; (vi) the propensity of an equine to behave in dangerous ways or to trip and/or fall; (vii) the inability of anyone whomsoever to predict or foresee an equine’s reaction to excitement, weather conditions, sound, movements, objects, vehicles, persons, animals, reptiles, birds or insects, and the effects of such reactions; (viii) the hazards of surface or subsurface conditions, including but not limited to objects or conditions on, under or protruding from the surface both latent and patent; (ix) the hazards which rocks, cliffs, hills, fences, trees, stumps, logs, bridges, ditches, bodies of water, debris and obstacles, and any equine activity in connection therewith, may foreseeably or unforeseeably present; (x) the dangers and risks of tack or harness slipping or breaking for whatever reason; (xi) the dangers and risks of becoming entangled in tack, harness, or vehicles used in an equine activity; (xii) the risks of falling from or otherwise becoming unstable on an equine or a vehicle used in an equine activity for any reason whatsoever or for no identifiable reason; (xiii) the dangers of being struck by an equine, or by rider; (xiv) any negligent act or omission by the horse owners, family members or agents which causes or results in the death or personal injury of the participant or damage to the participant’s property; and (xv) all other risks associated with horseback riding, [handling horses, and related activities.
- The participant hereby RELEASES and WAIVES all rights which he may have or hereafter have against the Stable, facility and agents for injury, loss, damage or death which is in any way resulting from the intrinsic dangers of equine activities and/or associated with the Risks enumerated in Paragraph 2 above; he does hereby WAIVE his right to sue or to bring any action against the horse owners, and agents in connection therewith; he agrees to INDEMNIFY and DEFEND the horse owners, and agents from and to HOLD the Stable, owners, facility and agents
HARMLESS against any such suit or action including reimbursement of legal fees associated with the defense of any claim; and he hereby expressly ASSUMES ALL RISKS AND DANGERS of injury, loss, damage or death which are in any way resulting from the intrinsic dangers of equine activities and/or associated with the Risks enumerated in paragraph 2 above, including an act or omission that constitutes negligence for the safety of the participant by the horse owners or any other person .
- The participant agrees that it is their own responsibility (i) to judge their ability to ride a specific animal or participate in an activity, (ii) to wear appropriate clothing, footwear and safety gear, including but not limited to protective equestrian helmet, (iii) inspect all tack prior to use and (iv) to observe appropriate safety precautions when riding or handling the horse(s). The participant also agrees to not act in a manner that may endanger himself, the horse(s) or others.
- The participant hereby RELEASES and WAIVES all rights which he may have or hereafter have against the Stable, facility and agents for injury, loss, damage or death which is in any way resulting from riding in or proximity to (for any purpose, destination or location) any motor vehicle or farm vehicle owned or operated by a True Connections Stable owner or employee.
- The participant hereby authorizes and consents to any emergency medical care which may at the time appear reasonably appropriate under the circumstances as a result of injury or sickness caused by or incurred in the course of an equine activity.
- This Agreement shall remain valid and in full force and effect from and after the date opposite the signature of the Participant until expressly revoked by the Participant in a written notice personally delivered to the stable owners. 8. To the extent possible, this Agreement shall be construed in such manner as will render it, and each provision of it, fully enforceable; but if any provision of this Agreement shall be unenforceable, such provision (or so much thereof as is
unenforceable) shall be deleted and the remainder of this Agreement shall continue in full force and effect. 9. If this Agreement is executed by the undersigned for and on behalf of a minor participant named below, the undersigned hereby
warrants and represents that he is in fact the legal parent or guardian of such minor, with full rights of custody and control; that this Agreement is given on behalf of and is intended to be binding upon said minor participant, his heirs, personal representatives, successors and assigns; and the undersigned further agrees that this Agreement shall also be as fully binding on the undersigned as if it were entered into solely on his own behalf.
10.This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the participant and the undersigned.
WARNING: UNDER NEW JERSEY LAW, AN EQUESTRIAN AREA OPERATOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ANIMAL ACTIVITIES, PURSUANT TO P.L., CHAPTER 287
I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING EQUINE LIABILITY RELEASE, WAIVER OF RIGHT TO SUE AND ASSUMPTION OF ALL RISKS. I HAVE CONSULTED AND RELIED UPON MY OWN ADVISORS ON ALL QUESTIONS IN CONNECTION THEREWITH, AND I HAVE NOT RELIED UPON THE STABLE OWNERS, OR ANY AGENT FOR ANY ADVICE OR EXPLANATION IN CONNECTION THEREWITH.
Print Name:
________________________________________________________________
Parent or legal guardian if signing for minor participant, otherwise adult
participant
Date:___________________ ____________________________________ (Adult or Parent’s Signature)
Operation HOPE, LLC
www.operationhopenj.com
(732)497-8078
Photo Release Form
For valuable consideration given and which is hereby acknowledged to be sufficient, the undersigned hereby grant permission to Operation HOPE, LLC to take or have taken still and moving photo-graphs and films, including television footage, of the following individual:
Participant Name: ________________________________
Date of Birth: ________________
(Please Print) _______________________________
The undersigned hereby consent and authorizes Operation HOPE, LLC and its work to use and reproduce the photographs, films, and footage to circulate and publicize the same by all means, including and without limit to, the generality of the newspapers, television media, internet promotion including but not lim-ited to Facebook, YouTube, blogs and webpage, publication, brochures, pamphlets, instructional materials, books and clinical materials.With regard to the foregoing material, no inducement or promises have been made to us/me to secure our/my signature(s) to this release other than the intention of Operation HOPE to use or have used such photographs, films, and footage for the primary purpose of promoting and aiding Operation HOPE and its work.
Consent for Photographs: Yes _________ No__________
Today’s Date: _______________________
Signature (if over 18 years old)
________________________________________________________
Signature of Parent or Legal Guardian if under 18
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Please Print Name:
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