Assumption of Inherent Risks: I understand and assume the inherent risks involved in equine activities, which risks include, but are not limited to, bodily injury, physical harm and even death to horses, riders, and spectators from using, riding or being in close proximity to horses as may occur in normal use. I acknowledge that the behavior of any animal is contingent to some extent upon the ability of the handler or rider. Further, I understand that “inherent risks of equine activities” shall mean those dangers or conditions which are an integral part of equine activities, including, but not limited to:
- the propensity of any equine to behave in ways that may result in injury, harm, or death to persons on or around them and/or damage to property in their vicinity;
- the unpredictability of an equine’s reaction to such things as sounds, sudden movements and unfamiliar objects, persons or other animals;
- certain hazards such as surface and subsurface objects;
- collisions with other equines, animals, people and objects (fixed or otherwise);
- limited availability of emergency medical care; and
- the potential of a participant or spectator to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or to act within his/her ability.
Waiver of Liability: For the privilege of visiting Molly Hill Farm, LLC and being in and around horses today and on all future dates, I, on behalf of myself, my family members, my heirs, personal representatives, or assigns, do hereby agree to release, waive, and discharge Molly Hill Farm, LLC (hereinafter “MHF”), its members, managers, employees, volunteers, and agents from any liability or responsibility for accident, damage, injury, or illness to myself or any family member, guest, or spectator accompanying me, or to any personal property (including private vehicles) owned or operated by myself, a family member or guest while on the premises operated by MHF and owned by Timothy and Tracey Gay (hereinafter, “Property Owner”) resulting from the inherent risks of equine activities or from the ordinary negligence (active or passive) of MHF or Property Owner.
AND that except in the event of MHF or Property Owner’s gross and willful negligence, I agree not to bring any claims, demands, actions and causes of action, and/or litigation, against MHF and/or Property Owner for any economic and non-economic losses due to bodily injury, death, and/or property damage sustained by me in relation to the premises and operations of MHF, including while boarding, riding, handling, or otherwise being near horses owned by or in the care, custody and control of MHF.
Indemnification: I also agree to hold harmless, defend, and indemnify MHF and Property Owner (including, but not limited to, costs associated with defending a suit, judgment, courts costs, investigation costs, and reasonable attorney fees) from any and all claims of mine, my family members, my guests, or other individuals arising from my injury or loss due to my participation as visitor, spectator, handler, or rider. I further agree to hold harmless, defend, and indemnify MHF and Property Owner against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation as a visitor, spectator, handler, or rider.
Acknowledgements, Assertions, and Agreements: I warrant that a full and fair disclosure of my equestrian experience, handling and riding abilities has been made to MHF, its managers, employees, volunteers, and agents. Further:
Health Status – I assert that I:
- Do not have any undisclosed chronic physical or mental conditions that would contra-indicate participation as a spectator, handler, or rider in equine activities; or
- Have fully disclosed to MHF management any chronic conditions that could impair my ability to participate as a rider, handler, or spectator and have provided a doctor’s release permitting my participation (if applicable); and
- Possess sufficient physical fitness and skill to enable safe participation with, on, and around equines.
Emergency Care – I authorize or agree that MHF:
- May administer emergency first aid, CPR, and use an AED defibrillator (if available) when deemed necessary by MHF management or by qualified emergency personnel;
- May secure emergency medical care or transportation (i.e., EMS) when deemed necessary by MHF management or by qualified emergency personnel;
- May share my medical history with emergency medical personnel (if made known to MHF management); and
- Further, I shall assume all costs of emergency medical care and transportation provided on my behalf or that of my minor child.
Rules & Safety Equipment – I agree:
- To abide by the rules and regulations established by MHF.
- To wear an ASTM/SEI approved riding helmet at all times while mounted on the horse or pony;
- To wear appropriate footwear at all times while on the premises of MHF;
- That MHF is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that I am uncooperative or incapable of safely meeting the rigors of the activity; and
- I accept MHF’s right to take such actions for the safety of myself, other participants, and/or the horses.
Covenant not to Sue; Mediation; Venue; and Severability Clauses: I covenant not to sue MHF or Property Owner, or its members, managers, employees, and agents for any present or future claim arising directly or indirectly from my participation with equines at the MHF facility. This includes claims resulting from the inherent risks of equine activities and the active or passive negligence of MHF or Property Owner.
This Agreement shall be construed and interpreted in accordance with the laws of the State of Maryland. Any action brought under this Agreement shall be brought within one (1) year of the incident or dispute giving rise to said claim. I further agree that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in equines and equine activities from a list acceptable to MHF. Costs of mediation shall be shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees and reimbursement of mediation fees. All mediation and legal actions shall be conducted in Harford County, Maryland.
I also expressly agree that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Maryland and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.