In consideration for receiving permission to participate in any equine activity of FRIENDS OF THE GUNPOWDER FALLS STATE PARK GRAHAM AREA EQUESTRIAN CENTER, INC. d/b/a GRAHAM EQUESTRIAN CENTER (“GEC”), located on land owned by the STATE OF MARYLAND and managed by GUNPOWDER FALLS STATE PARK (collectively, “RELEASEES”), I, on behalf of myself and any minor child or ward for whom I have the capacity to contract (“MINOR”), hereby acknowledge and agree to the following:
Assumption of Inherent Risks: I understand and assume the inherent risks involved in equine activities, including but not limited to, bodily injury (including death) to riders, spectators and equines from using, riding or being in close proximity to equines. I acknowledge that the behavior of any equine is contingent, to a degree, upon the ability of the handler or rider. Further, I understand that “inherent risks of equine activities” shall mean those dangers or conditions which are an integral part of equine activities, including but not limited to: (1) the propensity of any equine to behave in ways that may result in injury, harm or death to persons on or around them and/or damage to property; (2) the unpredictability of an equine’s reaction to certain stimuli; (3) certain hazards such as surface and subsurface objects; (4) collisions with other equines, animals, people and objects; (5) limited availability of emergency care; and (6) the potential of a rider or spectator to act in a negligent manner that may contribute to injury of persons or damage to property.
General Waiver of Liability: For the privilege of riding, working or being in close proximity to equines, I, on behalf of myself, any MINOR and my family members, heirs, personal representatives and assigns, do hereby agree to release, waive and discharge RELEASEES and their directors, officers, managers, employees, volunteers and agents from any liability or responsibility for any accident, personal injury or property damage, injury or illness to myself and/or any MINOR resulting from the risks (some of which are inherent risks) of equine activities or from the ordinary negligence (active or passive) of RELEASEES AND that except in the event of a RELEASEE’S gross and willful negligence, I agree not to bring any claims, demands, actions and/or litigation against any RELEASEE for any economic or non-economic losses due to bodily injury, death and/or property damage in relation to the premises and/or operations of GEC including while riding, handling or otherwise being near equines either owned by or in the care, custody and control of GEC.
Novel Coronavirus Waiver of Liability: Symptoms of the novel Coronavirus and any mutations of said virus (collectively, “COVID-19”) include but are not limited to the following: fever, fatigue, dry cough and difficulty breathing. With respect to these symptoms, I make the following three affirmations: Neither I nor any MINOR nor any other member of my household (1) has or has experienced these symptoms in the past 14 days; (2) has been diagnosed with COVID-19 within the past 14 days; or (3) knowingly has been in close proximity to someone diagnosed with COVID-19 in the past 14 days. I hereby promise and covenant to inform GEC immediately should my response to any of the foregoing affirmations change. I understand the hazards of COVID-19 and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I understand and acknowledge that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent update. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in equine activities. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in equine activities and hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE (on behalf of myself and any MINOR) RELEASEES from any liability related to COVID-19 which might occur as a result of being on the premises or participating in equine activities.
Indemnification: I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorney and paralegal fees, costs and disbursements, whether of in-house or outside counsel and whether an action is brought on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, any illness, injury or loss of property as a result of participating in equine activity.
Acknowledgments, Assertions and Agreements: I warrant that I have made a full and fair disclosure of my equestrian handling and riding abilities. Further:
Health Status—I assert that (1) I have fully disclosed any chronic conditions that could impair my ability to participate as a rider, handler or spectator and have provided a doctor’s release permitting my participation; (2) I do not have any undisclosed chronic physical or mental conditions that would contra-indicate participation in equine activities; and (3) I possess sufficient physical fitness and skill to enable safe participation with, on and around equines.
Emergency Care—I authorize or agree that GEC may, in its discretion: (1) Administer emergency first aid, cardiopulmonary resuscitation (CPR); and (2) Secure emergency medical care or transportation; and (3) Share my medical history with emergency medical personnel. In addition, I agree that I shall assume all costs of emergency medical care and transportation.
Rules & Safety Equipment—I agree (1) to abide by the rules and regulations established by RELEASEES; (2) to wear a helmet approved by the Safety Equipment Institute/Society of Testing and Materials at all times while mounted on a equine, or warrant that I understand the risk and danger of riding without a riding helmet and so choose not to wear a riding helmet (NOTE: Riders under 18 years of age and lesson students may not waive the use of a riding helmet); (3) To wear appropriate footwear at all times; and (4) to inform GEC immediately if I become aware of conduct or equipment condition that presents a danger to any person or equine. Finally, I understand that GEC will conduct all activities in good faith and may find it necessary to terminate my participation if it is determined that I am incapable of safely meeting the rigors of equine and related activities. I accept GEC’s right to take such actions for the safety of myself, MINORS, other riders and/or the equines.
Covenant not to Sue; Construction; Statute of Limitations; Mediation; Venue; and Severability Clauses: It is my express intent that this Assumption of Risk, Waiver of Liability, Hold Harmless and Indemnification Agreement (“Agreement”) shall bind any assigns, representatives, agents or heirs and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I also understand that I have the choice not to participate as a boarder, rider, handler, spectator or other participant in any lesson, clinic, training or special event provided by RELEASEES, and, therefore, not to sign this Agreement. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Maryland. Any and all actions, whether based in contract or tort, whether for personal injury or property damage, and whether brought on behalf of myself and/or any MINOR MUST BE COMMENCED WITHIN ONE YEAR OF THE CAUSE OF ACTION OR SHALL BE BARRED AS A MATTER OF LAW. I further agree that prior to any litigation against a RELEASEE arising out of equine-related activities or brought under this Agreement, such incident or dispute shall be first mediated by a trained mediator knowledgeable in equines and equine activities from a list acceptable to every RELEASEE against whom I bring a claim. Costs of the mediation shall be shared equally with claimant(s) and respondent(s) each side paying for half of the mediation fees. In the event of litigation, suit shall be brought in either the District or Circuit Court of Baltimore County, Maryland. In addition, the prevailing party shall be entitled to costs and fees (including, without limitation, attorney and paralegal fees, costs and disbursements, whether of in-house or outside counsel and whether an action is brought on appeal or otherwise). I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM OR DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I also expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Maryland and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, be considered valid and shall continue in full force and effect. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY RELEASEES TO PARTICIPATE IN EQUINE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT this is a legal document and I have read the foregoing Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
