Release and Waiver of Liability 1. This Release and Waiver of Liability, and any action brought in relation to it, is governed by the laws of the Commonwealth of Virginia and applies to all equine activities undertaken by the undersigned at or with Mountain Crest Farm, LLC and/or its staff at ANY and ALL locations Mountain Crest Farm, LLC and its staff provide equine professional services. 2. Equine Activity Liability (VA Code § 3.2-6202): Equine professionals are NOT LIABLE for any injury or death of a participant resulting from the intrinsic dangers of equine activities, and no participant (or parent, guardian, or representative of a participant) can have or make any claim against or recover from any equine professional for injury, loss, damage, or death of the participant resulting from any of the intrinsic dangers of equine activities. Except as provided by law (VA Code § 3.2-6203), no participant (or parent or guardian of a minor participant) who has knowingly executed a waiver of their rights to sue and agrees to assume all risks intrinsic to equine activities may maintain an action against or recover from an equine professional for an injury to or the death of a participant engaged in an equine activity. Notice: “Intrinsic dangers of equine activities” includes those dangers or conditions that are an integral part of equine activities, including: (i) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within the participant’s ability. 3. By signing this agreement, you acknowledge that you (or your minor child) are directly or incidentally engaging in equine activities and are therefore a “participant” as construed above and will hereafter be referred to as “Participant” for the purposes of this waiver. 4. Participant hereby agrees that this Release and Waiver of Liability constitutes the “waiver” referenced above in VA Code § 3.2-6202 and is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia. 5. Participant hereby acknowledges the equine activities undertaken by them are intrinsically dangerous and involve risk of serious bodily injury, death, and property damage. In consideration for the equine professional services provided by Mountain Crest Farm, LLC and its staff, Participant hereby assumes full responsibility for risk of bodily injury, death, and property damage, including any damage to an animal, and hereby agrees to indemnify, save, and hold harmless Mountain Crest Farm, LLC, its staff, and the locus/loci in which Mountain Crest Farm, LLC is currently operating, from any loss, liability, damage, or cost they (or their personal representatives, assigns, heirs, or next of kin) may incur due to the equine activities Participant chooses to engage in. 6. At present, the primary loci in which Mountain Crest Farm, LLC and its staff are operating are: Mountain Crest Farm, LLC, 15320 Mountain Crest Ct, Haymarket VA 20169 High Meadow Farm, LLC, 10 Cypress Grove Lane, Loxahatchee, FL 33480 Myrtle Hall Farm, LLC, 3850 Duellant Road, Loxahatchee, FL 33480 7. Participant expressly acknowledges that Mountain Crest Farm, LLC and its current locus/loci carry no insurance coverage of any kind (liability, injury, mortality, theft, etc.) for Participant’s horse and do not guarantee liability, medical, or mortality insurance for Participant. 8. Revocation: This waiver shall remain valid from the date signed below until expressly revoked in writing by Participant. Regardless of the regularity of Participant’s equine activities, this waiver does not lapse. 9. Choice of Law: Participant hereby agrees that any cause of action arising out of this Release and Waiver of Liability shall first seek arbitration through Alternative Dispute Resolution (ADR). Failing that, any cause of action (including tort) arising out of this Release and Waiver of Liability shall be heard in the courts of the Commonwealth of Virginia and adjudicated under the laws of the Commonwealth of Virginia. 10. Severability: If the courts of the Commonwealth of Virginia hold any portion of this Release and Waiver of Liability invalid, all other portions of this contract shall remain valid and in full force and effect. 11. Participant expressly acknowledges that Mountain Crest Farm, LLC and its staff have made no other oral representations, statements, or inducements apart from this written agreement. 12. Participant has read, understands, and knowingly agrees to all terms of this Release and Waiver of Liability. |