RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
​
BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR RIDING OR USE OF THE HORSE(S) AND/OR PARTICIPATION IN EQUINE ACTIVITIES AT 16021 OR 16027 PARTNERSHIP ROAD, POOLESVILLE, MD 20837. INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF YOU OR WILLOW MIST, LLC, ANDREA BUSH, WILLIAM BUSH, OR THE INSTRUCTORS and STAFF MEMBERS OF WILLOW MIST RIDING SCHOOL..
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR ACCEPTANCE OF THE WAIVER INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
I, the undersigned, in consideration for the right to ride or use of any horse and/or the facilities and property located at 16021/16027 Partnership Road, Poolesville, MD 20837 owned by Willow Mist, LLC and Epic Equestrian, LLC, of which Andrea Bush and William Bush are the collective owners with the trainers, instructors, and staff members hereby provide this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, and represents and agrees as follows.
1. I understand that horse riding activities are by their nature very dangerous activities containing numerous inherent, obvious, and non-obvious risks that always present themselves in such activity, despite all safety precautions. Related injuries can be severe or even result in death.
2. I understand that horses, even when well trained, are unpredictable and can be difficult to control and that no horse is a safe horse. I further acknowledge the behavior of any animal is contingent to some extent upon the ability of the rider. I assume all risk therefore and warrant a full and fair disclosure of my abilities as a rider has been made to the trainers.
3. I understand that the facilities and property located at 16021 and 16027 Partnership Road, Poolesville, MD, 20837 may also present hazardous or dangerous conditions by its very nature as a horse facility, including but not limited to: allergens, holes in the ground, slippery, wet, or muddy conditions and hazards related to the presence of horses, dogs, cats, chickens, equipment, tack, stalls, or enclosures.
4. I understand that upon mounting a horse, I am in primary control of the horse. I agree that I shall be responsible for my safety and that I will take all reasonable precautions to protect against injury including but not limited to wearing appropriate clothing, shoes, and headgear.
5. I agree to indemnify, save and hold harmless Willow Mist, LLC, William Bush, and Andrea Bush from any and all claims, liabilities, demands, suits, damages, costs, expenses, and causes of action, including the negligence of a related party, whether the same be known or unknown, anticipated or unanticipated, economic or non-economic, arising out of my or my child’s use of, or presence upon, the property, facilities, or horses located at 16021 and 16027 Partnership Rd, Poolesville, MD, 20837. I shall bring no claims against any released party resulting from or arising out of any loss, damage, injury, loss of life, or property damage, sustained by me or my minor child arising out of the use of, or presence upon, the property, facilities or horses located at 16021 and 16027 Partnership Road, Poolesville, MD 20837.
6. Legal Expenses
In a dispute arising out of or related to this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including without limitation, reasonable attorney’s fees, expenses, and costs, incurred in connection with such action, including any appeal of such action.
1. Governing Law; Consent to Jurisdiction
The validity, interpretation, and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Maryland, without application of choice of law rules. Any claim or controversy arising of this Agreement shall be brought in the Circuit Court or District Court of Maryland for Montgomery County, Maryland and the parties hereby submit to the jurisdiction of said courts.
1. IT IS RECOMMENDED THAT I, MY CHILD, AND ALL RIDERS WEAR A PROTECTIVE HELMET. IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET HELPS TO PREVENT TRAUMATIC BRAIN INJURY SHOULD A FALL OR KICK TO THE HEAD OCCUR. RIDERS UNDER THE AGE OF 18 ARE REQUIRED TO WEAR A HELMET.
_________________________________ _______________________
Signature of Participant Date
_________________________________ _______________________
Signature of Parent or Guardian Date
(If participant is a minor)
ACKNOWLEDGEMENT OF STUDENT PACKET
By signing below, I acknowledge that I have been provided access to the Student Packet (available at willowmistriding.com, under “Students” with Password “Willow”) and the packet may be emailed by request.
If I decide to become a student of Willow Mist Riding School, it is required that I read the Packet and abide by the rules/regulations. I understand that if I have any questions or concerns about the policies of Willow Mist Riding School, it is my responsibility to discuss this with the instructor or the barn manager.
WILLOW MIST PHOTO AND VIDEO RELEASE FORM
I understand that either I or my child(ren) may be photographed or videotaped at Willow Mist Farm or during activities through Willow Mist Riding School. I understand that these photographs and videos may be used in promoting horseback riding services, either in print or on the Internet.
With my signature I grant permission for myself and my child(ren) to be photographed, videotaped, or their images recorded for print or electronic use in promoting the horseback riding services. I understand that it is my responsibility to update this form or directly contact Willow Mist Riding School if I no longer wish to authorize the above uses. I agree that this form will remain in effect during the term of my/my child’s enrollment. I understand that there will be no payment for me or my child’s participation in this release.
_________________________________ _______________________
Signature of Participant Date
_________________________________ _______________________
Signature of Parent or Guardian Date
(If participant is a minor)