Campton Hills Equestrian/McCarthy Farm Waiver and Hard Hat (With FVSA Waiver)

 

Campton Hills Equestrian Center, LLC Student Information and Release Form

 WHEREAS, the UNDERSIGNED acknowledges the inherent risks involved in riding and working around horses, which risks include bodily injury from using, riding or being in close proximity to horses, among other risks, and further, that both horse and rider can be injured in normal use or in competition and schooling.  IN CONSIDERATION, therefore, for the privilege of riding and/or working around horses at Campton Hills Equestrian Center, LLC, the undersigned dose hereby agree to hold harmless and indemnify Campton Hills Equestrian Center, LLC , it’s agents, employees and further release them from any liability of responsibility for accident, damage, injury, or illness to the Undersigned or any horse owned by the Undersigned or to any family member or spectator accompanying the Undersigned while on the premises of Campton Hills Equestrian Center, LLC. I shall bring no claims, demands, actions, and causes of action, and/or litigation, against the barn for any economic and non-economic

HARD HAT AGREEMENT I, the undersigned Client, being 18 years of age or older, understand that either failing to wear protective headgear, or wearing protective headgear not ASTM/SEI approved while riding horses, increases the risk of serious injury and/or death.  Understanding these risks, I am voluntarily electing to ride without protective headgear and/or without an ASTM/SEI approved headgear. I agree to release and hold McCarthy Farm, Inc. and A.M.T. Land, LLC’s (“Facility”) respective owners, managers, officers, directors, members, partners, subsidiaries, affiliates, agents, attorneys, assistants, representatives, assigns, volunteers, employees, independent contractors, trainers, and others acting on their behalf, as well as Edward C. McCarthy and Karen L. McCarthy and their respective heirs, relatives, agents, attorneys, assigns, and others acting on their behalf (collectively "Released Parties") harmless for any illness, injury, death, damage, or other loss incurred by me as a result of not wearing protective headgear or wearing protective headgear not ASTM/SEI approved. I agree to reimburse Facility for any and all attorneys' fees and costs incurred by it in enforcing the terms of this Agreement and/or in defending or prosecuting any claims or causes of action arising out of this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois.  All disputes relating to the interpretation and enforcement of the provisions of this Agreement shall be resolved exclusively by the federal or state court located in Kane County, Illinois, and I hereby submit to the jurisdiction and venue of the court for such purpose.  I agree that any and all claims and/or causes of action, for injury, death, property damage or other claims or losses, by me or my minor child, on my own behalf and/or on behalf of my minor child, against the Released Parties must be brought within one (1) year of the date of the occurrence giving rise to such claim or loss. By signing below, I agree that I have read this entire Agreement and understand, agree, and intend to be bound by all of the terms and conditions contained herein.

WARNING UNDER THE EQUINE ACTIVITY LIABILITY ACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISKS OF ENGAGING IN AND LEGAL RESPONSIBILITY FOR INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES

losses due to bodily injury, death, and/or property damage sustained by me and/or my minor or legal ward in relation to the premises and operations of the barn, including while riding, handling, or otherwise being near horses owned by or in the care, custody, and control of this barn. EQUINE ACTIVITY LIABILITY ACT: EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY ASSUMES THE RISKS OF ENGAGING IN AND LEGAL RESPONSIBILTY FOR INJURY, LOSS, OR DAMAGES TO PERSON OR PROPERTY RESULTING FROM THE RISKS OF EQUINE ACTIVITY. IL P.W.A. #89-0111 Photo Release-Adult: I grant permission to use my photograph in print or online materials designed for news, informational or educational purposes related to Campton Hills Equestrian Center, LLC. Photo Release-Minor: I grant permission to use photographs of my minor child in print or online materials designed for news, informational or educational purposes related to Campton Hills Equestrian Center, LLC.              

McCarthy Farm Release Form

RELEASE, WAIVER, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT The undersigned Client/Participant/Spectator/Visitor/Guest (collectively “Client”), on his/her own behalf and as the Parent(s)/Legal Guardian(s) of a minor Client, for good and valuable consideration, agrees to the following terms and conditions of this Release, Waiver, Hold Harmless, and Indemnification Agreement (“Agreement”):

1. Assumption of Risk and Waiver:  Client understands and accepts the risks of engaging in equine activities and merely being near a horse, mule, or pony (collectively “equine”), including: (i) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; (for example, jump, run, kick, buck, bolt, spin, rear up, strike, or bite); (ii) The unpredictability of an equine's reaction to sounds, sudden movement, and unfamiliar objects, persons, other animals, or other things (for example, kick, buck, bolt, spin, rear up, strike, or bite); (iii) Certain hazards such as surface and subsurface conditions; (iv) collisions with other equines or objects; (v) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.  Client understands the resulting injuries, death, and property damage that may result from the accepted risks of engaging in equine activities or just being near an equine, that equines are powerful and have the potential to be dangerous, even without warning, and that the risks listed in this Agreement are just a sampling and Client is not relying on Released Parties (as defined below) to list all possible equine-related risks.  Client therefore agrees, on his/her own behalf and on behalf of his/her minor Client, that he/she understands the risks and dangers inherent in equine activities and agree to assume them on his/her own behalf and on behalf of minor Client, to at all times to be responsible for his/her personal safety, remain financially responsible for his/her medical expenses, and waives his/her right to any claims arising from his/her participation in or observation of any equine activities, being near an equine, or mere presence on the property of McCarthy Farm, Inc. and/or A.M.T. Land, LLC (collectively "Facility").

2. Release, Hold Harmless, Indemnification:  Client agrees to release and hold Facility’s owners, managers, officers, directors, members, partners, subsidiaries, affiliates, agents, attorneys, assistants, representatives, assigns, volunteers, employees, independent contractors, trainers, and others acting on their behalf, as well as Edward C. McCarthy and Karen L. McCarthy and their respective heirs, relatives, agents, attorneys, assigns, and others acting on their behalf (collectively “Released Parties”), harmless for any illness, injury, death, damage, or other loss incurred by Client unless caused by Released Parties’ gross negligence or wanton and willful misconduct.  Client agrees to indemnify Released Parties against injuries and damages sustained or suffered by any third party, whether caused by Client directly or indirectly, and which includes reimbursement of Released Parties’ attorneys’ fees.

3.  Governing Law and Time Limitation:  This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois.  All disputes relating to the interpretation and enforcement of this Agreement shall be resolved exclusively by the federal or state court in Kane County, Illinois. The parties hereto hereby submit to the jurisdiction and venue of the Court for such purpose.  Client agrees that any and all claims and/or causes of action, for injury, death, property damage, or other claims or losses by Client, on his/her own behalf and/or on behalf of a minor Client, against the Released Parties, must be brought within one (1) year of the date of the occurrence giving rise to such claim or loss.

4.  Attorneys' Fees:  Client agrees to reimburse Facility for any and all attorneys' fees and costs incurred by Facility in enforcing the terms of this Agreement and/or in defending or prosecuting any claims or causes of action involving, or in any way relating to, Client.

5. Client Certification:  Client certifies that he/she has read this entire Agreement and understands, agrees, and intends on his/her own behalf, and on behalf of his/her minor Client, spouse, heirs, agents, representatives, relatives, successors, and assigns, to be bound by all of the terms and conditions contained herein.

WARNING UNDER THE EQUINE ACTIVITY LIABILITY ACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISKS OF ENGAGING IN AND LEGAL RESPONSIBILITY FOR INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES

FVSA ATTENDEE RELEASE, WAIVER, HOLD ARMLESS, AND INDEMNIFICATION AGREEMENT (“Agreement”)

 I, as a rider, auditor, clinician, judge, spectator, groom, volunteer, sponsor, trainer, or other attendee of this event, (“Participant” or “I”), on my own behalf, (or if as the Parent/Legal Guardian of a minor Participant, on my own behalf and on behalf of the minor Participant), understand, accept, and assume the risks of engaging in equine activities, including (I) the propensity of an equine to behave in dangerous ways that may result in injury to the Participant, (ii) the inability to predict an equine’s reaction to sound, movements, objects, persons, or animals, and (iii) the hazards of surface or subsurface conditions. I agree at all times to be responsible for my personal safety, remain financially responsible for my medical expenses, and waive my right to any claim against Fox Valley Saddle Association (“FVSA”), its officers, directors, members, sponsor(s), instructor(s), judges, clinicians, auditors, affiliates, volunteers, independent contractors, employees, and other agents, as well as competition management and their officials, employees, and volunteers as well as the owners, occupiers, landlords, tenants, licensees, licensors, beneficiaries, and any others with an interest in the facility where any part of the event takes place (collectively “FVSA”), arising from my participation in, or observation of, this equine activity. I agree to release, hold harmless, and indemnify FVSA for any illness, injury, death, damage, cost or other loss incurred whether by a dangerous latent condition, negligence or otherwise. By signing below, I certify that I have read this entire Agreement, acknowledge that the proper Warning sign has been posted, and understand, agree and intend to be bound by all of the terms and conditions contained in this FVSA Release, Waiver, Hold Harmless, and Indemnification Agreement. I further represent that I and the horse entered are eligible as entered. I also agree to be bound by the rules of the competition.

“WARNING: Under the Equine Activity Liability Act, each participant who engages in an equine activity expressly assumes the risks of engaging in and legal responsibility for injury, loss, or damage to person or property resulting from the risk of equine activities.” (745 ILCS 47/1, et seq.) This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of this Agreement shall be resolved exclusively by the state court in Kane County, Illinois. The parties hereto hereby submit to the jurisdiction and venue of the Court for such purpose. Participant agrees that any and all claims and/or causes of action, for injury, death, property damage, or other claims or losses by Participant, on his/her own behalf and/or on behalf of a minor Participant, against FVSA, must be brought within one (1) year of the date they accrue.

 

Who will be participating?

Adult  Adult and Children  Children

Your Information

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.