| 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: _________________, 200
____________________________
Signature
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Print Name
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