Release of Liability
Owner/Rider
WITNESS THIS AGREEMENT this ____ day of ____________, 20 ____, by and between Cindy Lamp, hereafter referred to as MANAGER and _______________, hereinafter referred to as Rider. For consideration received, and in return for this use, today and on all future dates of this property, facility, and services of Manager, Rider, Riders heirs, assigns, and representatives, hereby agree as follows:
1. Inherent risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as running, bucking, biting, kicking, shying, stumbling, rearing, falling, or stepping on, that may result in injury, harm, or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to the participant or others , such as failing to maintain control over the animal or not acting within such participant’s ability.
Rider acknowledges that horses, by their very nature are unpredictable and subject to animal whim. Rider assumes all risks in connection therewith, and expressly waives any claim for injury or loss arising there from. Rider agrees to abide by and follow Manager’s rules and regulations which shall be posted and/or available from time to time. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of the rider. Rider assumes all risks therefore and warrants a full and fair disclosure of Rider’s abilities has been made to Manager.
Rider expressly releases manager from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by laws of this state) by Manager or its representatives, agents or employees.
WARNING
Under South Carolina law, an equine activity sponsor or equine professional is not liable for injury to or death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, chapter 9 of title 47, code of laws of South Carolina, 1976.
2. Rider agrees to hold harmless, indemnify and defend Manager against, and hold harmless from, any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney’s fees, whether actually incurred or not, which may in any way arise from or be in any way connected with Rider’s use of or presence upon the property of Manager and the facilities located thereon.
3. In the event Rider is using Rider’s own horse, or horse(s) not owned by Manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable disease. Manager reserves the right to refuse access or use of any horse upon the premises that does not appear to Manager to be in good health, or is deemed dangerous or undesirable.
4. Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
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Manager Rider/ Parent/Guardian