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Release of Liability

 

This release of liability is made and entered into on this ___ day of __________ 2020 by and between Mizzitraining, LLC. herein after designated Owner and ________________________________, herein after designated Rider, and if Rider is a minor, Riders parent(s) or guardian.

In return for the use, today and on all future dates of the property, facilities and services of the Owner, the Rider, his heirs, assigns and legal representatives hereby expressly agree to the following:

  1. It is the responsibility of the rider to carry full and complete insurance coverage on his horse, personal property and himself.

  2. Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE RIDERS USE OF OR PRESSENCE UPON OWNERS PROPERTY AND FACILITY including but not limited to, the risks of death, bodily injury, property damage, kicks, bites, collision with vehicles, horses or stationary objects, fire or explosion, the unavailability of medical care, out of negligence or the deliberate act of another person.

  3. Rider agrees to hold Owner and all of its successors, assigns, subsidiaries, affiliates, officers, directors, employees and agents harmless and not liable and release them from all liability whatsoever and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Riders use of or presence including consequential damages, except if the damages are caused by the direct, willful and wanton negligence of the Owner .

  4. Rider agrees to waive the protection afforded by any statue or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, materials or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.

  5. Rider agrees to indemnify and defend Owner against, and hold harmless from, and  all claims, causes of action, damages judgements, costs or expenses, including attorney’s fees, which in any way arise from the Rider’s use of or presence upon Owners property or facilities 

  6. Rider agrees to abide by all of Owner’s rules and regulations.

  7. If Rider is using his horse, the horse shall be free of infection, contagious or transmittable disease.  Owner reserves the right to refuse horse if not in proper health or deemed dangerous or undesirable.

  8. This contract is non-assignable and non-transferable and is made and entered into in the State of New Jersey and shall be enforced and interpreted under the laws of this state.  Should any clause be in conflict with the State Law then that clause shall be null and void.  When the Owner and Rider and Rider’s parent or guardian – if Rider is a minor, signs this contract, it is binding on both parties subject to the above terms and conditions.

  9. I acknowledge that I have read and understand the following related to equine liability in the State of New Jersey and subsequently hold harmless and release from liability Owner.

“WARNING: UNDER NEW JERSEY LAW AN EQUESTRIAN AREA OPERATOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ANIMAL ACTIVITES, PURSUANT TO P.L., CHAPTER 287.”

 

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