RELEASE AGREEMENT AND WAIVER OF LIABILITY FOR ADULT RIDER
I request permission to participate in foxhunting, hunter pace riding, hunter
trials, horse shows, horseback riding and other horse-related events and/or activities
sponsored and/or conducted by the SMITHTOWN HUNT, INC. In this regard, I warrant
and represent that I am a capable rider who is able to safely participate in these
activities.
I fully understand and accept that foxhunting, hunter pace riding, horse shows,
horseback riding and any other horse-related events and/or activities involves
riding over fences, other obstacles and dangerous and rough terrain, all of which
are very dangerous activities. In addition, I understand and accept that even
when not riding, but standing on the ground near horses can pose a danger to my
life and/or property. I furthermore understand and accept Smithtown Hunt shares
the land over which they ride with bow and gun hunters during the archery and
firearm hunting season, which poses a severe risk of my being injured and/or killed
by these other hunters. Nevertheless and in spite of these risks and dangers,
I wish to participate in these activities knowing that they are dangerous. I accept
and assume all the risks of injury, including death, to myself and to my property
or property within my care/custody.
In exchange for being permitted to participate in these activities, for myself,
my heirs, distributees, guardians, legal representatives, administrators and/or
executors, I release and agree not to make or bring any claim of any kind against
SMITHTOWN HUNT, INC. or its Masters, officers, directors, members, employees or
guests or against any land owner(s), landholder(s) or other persons making property
available for SMITHTOWN HUNT, INC., for any injury (including death) to me or
for any damage to my property or property within my care/custody whether from
anyone's negligence or not, or any other cause, arising out of my participation
in these dangerous foxhunting, hunter pace riding, horse shows, horseback riding
and other horse-related events and/or activities; and I also agree that if anyone
makes any claims because of any injury to me, including my death, or for any damage
to my property or to property within my care/custody, I will keep free and hold
harmless all those released by this Release Agreement from any and all damages
or costs, including legal fees and expenses, because of those claims.
I further represent and warrant that there is presently in existence a medical/hospital
policy of insurance, that is in full force and effect, which shall cover any and
all medical/hospital costs/fees incurred for treatment related to my injuries
sustained in my participation in these activities. Should there be any change
or lapse in such medical/hospital policy of insurance, I represent and warrant
that I will immediately notify SMITHTOWN HUNT, INC. of the same in writing and
mailing the same, via certified mail, return receipt requested, to Smithtown Hunt,
Inc., c/o Doniger & Engstrand, LLP, 12 Bayview Avenue, Northport, NY 11768.
In no event, shall SMITHTOWN HUNT, INC. be liable for any medical/hospital costs/fees
associated with treatment for injuries which may be sustained by me in my participation
in these activities. I also agree that this Release Agreement shall be so construed
to include medical/hospital costs/fees as damages released hereunder and covered
by my agreement to keep free and hold harmless all those released by this Release
Agreement from any and all damages or costs, including legal fees and expenses,
because of any claim(s) which may be made by anyone to recover such medical/hospital
costs/fees.
I furthermore represent and warrant that it is my sole responsibility to insure
that I am wearing a safety helmet meeting ASTM safety standards at all times while
on horseback during these activities. Moreover, I understand and accept that the
choice is always mine whether I wish to participate in any of the above-mentioned
equestrian activities, including foxhunting during bow and gun hunting season.
If I do so chose to participate in any of the above-mentioned equestrian activities,
including foxhunting during bow and gun hunting season, I acknowledge and understand
that Smithtown Hunt, Inc. encourages and permits me to wear a high visibility
blaze orange safety vest over the front, back and sides of my normal hunt attire
during bow and gun hunting season. Whether I choose to wear a high visibility
blaze orange safety vest, is my sole responsibility and choice.
By signing this Release Agreement and Waiver of Liability, I agree that I have
read and understood the terms so contained herein and agreed to be bound by the
same.
Dated: _________________, 20__
____________________________
Signature
____________________________
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