RIDING RELEASE OF LIABILITY
THIS RIDING RELEASE OF LIABILITY (this “Contract”) is entered into by and between Oldfields School (“Oldfields”) and The Rider, but will only be effective when signed by Oldfields below.1. COMMITMENT TO FOLLOWING RULES.
The Rider understands and agrees that he/she must abide by all barn and riding rules adopted by Oldfields at any time, and that the Rider must follow the instructions and directions of Oldfields and its barn staff at all times, and that the privilege of a participating in the School’s riding program may be withdrawn at any time and for any reason, at the discretion of the School.
2. PROPERTY IN STORAGE ON OLDFIELDS’ PREMISES. The Rider may store certain tack and equipment on the premises of Oldfields. However, Oldfields shall not be responsible for the theft, loss, damage or disappearance of any of the foregoing, all of which is stored at the risk of the Rider.
3. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. The Rider, and his/her Parents/Guardians (if the Rider is under 18 years of age), acknowledges that there are numerous risks inherent in any horse-related activities such as those described below, and hereby expressly assume all risks associated with participating in such activities. The inherent risks include, but are not limited to,
(i) the possibility that a horse may run, buck, bite, kick, shy, stumble, abruptly change direction, stop short, rear, fall or step on something, even if the horse has no known history of these behaviors, which may result in an injury, harm or death to persons on or around them; (ii) the unpredictability of a horse’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or animals;
(iii) certain man-made and naturally occurring hazards such as ground and subsurface conditions;
(iv) collisions with other animals; and (v) the potential of another rider or other person to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over a horse or acting beyond such rider’s ability.
The Rider (and her Parents/Guardians) acknowledges that the Rider is solely responsible for his/her own protection and for control of the horse on which he/she rides, on or off the property, including but not limited to school horse(s) or any other horse boarded at Oldfields School. THE RIDER AND PARENTS/GUARDIANS ASSUME ALL RISKS IN CONNECTION WITH TAKING PART IN THIS ACTIVITY AND EXPRESSLY WAIVE AND RELEASE ANY CLAIMS AGAINST OLDFIELDS, ITS EMPLOYEES, ADMINSTRATORS, FACULTY, STAFF, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, INSURERS, REPRESENTATIVES AND ASSIGNS, FOR INJURY (INCLUDING DEATH), ILLNESS, DAMAGES, OR OTHER LOSS ARISING FROM OR RELATING TO ANY WAY RIDER’S PARTICIPATION IN OLDFIELDS’ RIDING PROGRAM, OR THE RIDING OF ANY HORSE (WHETHER ON OR OFF OLDFIELDS’ PROPERTY), OR THE USE OF (OR PRESENCE UPON) OLDFIELD’S PROPERTY, OR THE USE OF SERVICES OR FACILITIES OF OLDFIELDS, EXCEPT IF THE INJURY, DAMAGE OR LOSS RESULTS FROM OLDFIELDS’ GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT.
4. INDEMNIFICATION AND HOLD HARMLESS. RIDER, AND HIS/HER PARENTS/GUARDIANS, AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND OLDFIELDS AND ITS EMPLOYEES, ADMINSTRATORS, FACULTY, STAFF, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, INSURERS, REPRESENTATIVES AND ASSIGNS, AGAINST ANY AND ALL CAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, BROUGHT BY ANY THIRD PARTY AND WHICH IN ANY WAY IS RELATED TO OR ARISES FROM, OR IS CONNECTED WITH, RIDER’S PARTICIPATION IN OLDFIELDS’ RIDING PROGRAM OR THE RIDING OF ANY HORSE (WHETHER ON OR OFF OLDFIELDS’ PROPERTY), OR THE USE OF (OR PRESENCE UPON) OLDFIELD’S PROPERTY, OR THE USE OF SERVICES OR FACILITIES OF OLDFIELDS, INCLUDING BUT NOT LIMITED TO ANY INJURY, ILLNESS, OR DEATH OR LOSS SUFFERED BY ANY FAMLY MEMBER OR SPECTATOR ACCOMPANYING STUDENT, EXCEPT IF THE INJURY, DAMAGE OR LOSS RESULTS FROM OLDFIELDS’ GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT.
If Rider is a minor, Rider’s Parents/Guardians shall further indemnify, defend and hold Oldfields harmless from any such claims by Rider, regardless of any statute of limitations or contractual limitation of actions.
5. WAIVER OF ALL CLAIMS. Rider (and the Student’s Parents/ Guardians) waive the protection of any applicable statute in Maryland, the purpose, substance and/or effect of which would otherwise provide that a general release shall not extend to claims not known or capable of being known to exist at the time of execution of the release.
6. APPLICABLE LAW. This Release of Liability shall be interpreted in accordance with the laws of the State of Maryland. Any dispute arising out of or relating to this Release of Liability, or the Rider’s taking part in the riding program at Oldfields, shall be brought exclusively in the state courts of Baltimore County, Maryland or the U.S. District Court in Baltimore, Maryland, each party hereby consenting to the exercise of personal jurisdiction by the courts of Maryland.
7. ENTIRE AGREEMENT. This Contract represents the entire agreement between the parties with respect to the subject matter hereof. No other agreement, promises or representations, oral or written, and included herein if not specifically stated herein. If any court deems any provision of this Contract to be unenforceable, such court is directed to modify such provision only to the extent necessary to make it enforceable, and shall enforce this Contract to the fullest extent possible.
Rider shall take responsibility for wearing an SEI/ASTM approved helmet, with the chin strap fastened, at all times while receiving instruction from Oldfields or while mounted on Oldfields’ property.
This Contract is effective as of the date it is signed by Oldfields.