RELEASE, WAIVER, HOLD HARMLESS, DEFEND AND INDEMNIFICATION AGREEMENT

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY BEFORE SIGNING

The undersigned, as a Participant/Spectator/Visitor/Guest/Contractor/Volunteer/Client (collectively “Participant”), on his/her own behalf and, if applicable, as the Parent/Legal Guardian of a minor Participant (minor included as “Participant”), for good and valuable consideration, agrees to the terms and conditions of this Release, Waiver, Hold Harmless, Defend and Indemnification Agreement (“Release”):

Assumption of Risk and Waiver: Participant understands and accepts the risks of engaging in Equine Activities, while mounted or unmounted, as well as merely being near a horse, pony, mule, donkey, or hinny (collectively “equine”), include, but are in no way limited to, faulty equipment or tack that cause injury or death, Released Parties’ failure to make a reasonable effort to determine the ability of Participant to engage safely in an equine activity or to safely manage the particular equine provided based on Participant’s representations of his or her ability, Released Parties’ failure to conspicuously post warning signs of a dangerous inconspicuous condition on the real property, as well as: (1) the propensity of an equine to behave in a way that may result in injury or death to a person on or near it (ex.: jump, run, kick, buck, bolt, spin, rear up, strike, bite, stumble, fall, etc.); (2) the unpredictability of an equine's reaction to a sound (ex.: doors opening and closing, snow and ice falling, rain, wind, thunder, voices, music, construction, guns, planes, animals, etc.), movement (ex.: overhead doors falling, animals, people, bicycles, motorized bikes, vehicles, etc.), or unfamiliar object (ex.: machinery, equipment, obstacles, barrels, ground poles, cones, flowers, flags, golf carts, whips, construction material, etc.), person or animal (ex.: leashed or unleashed dogs, cats, equines, wildlife, rodents, birds, etc.); (3) a collision with an object or another animal (ex.: mounted or unmounted equine, person, dog, etc.); (4) the potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability; and (5) surface and subsurface conditions (ex.: ground holes, uneven terrain, tree roots, ground holes, slippery or deep footing, water, etc.). (collectively “Inherent Risks”). Participant agrees that engaging in Equine Activities under this Release includes, but is in no way limited to those defined in the “New York Safety In Agricultural Tourism Act”, Section 18-303, as well as riding, boarding, trailering, petting, leading, mounting, feeding, visiting, and watching equines, and otherwise interacting with or merely being in the vicinity of equines (collectively “Equine Activities”). Participant understands the injuries, death, loss, and damage that may result from the Inherent Risks of engaging in Equine Activities or just being near equines, that equines are powerful and have the potential to be dangerous, even without warning, and that the Inherent Risks listed in this Release is just a sampling and Participant is not relying on Released Parties (defined below) to list all possible equine-related Inherent Risks. Participant understands that Participant is required to wear an ASTM/SEI-certified equestrian helmet (“Helmet”) at any time on an equine. Participant agrees that failing to wear a Helmet while engaged in Equine Activities increases the risk of serious injury and/or death, and that Participant is not relying on Released Parties to provide a Helmet, check a Helmet for proper fitting, or monitor Helmet wearing at any time. Participant understands and agrees that Participant has other facilities to choose from, has inspected the facility and is satisfied it is reasonable and safe for Participant’s activity, is voluntarily engaging in Equine Activities, is directly and intentionally engaging in and assuming the Inherent Risks of Equine Activities, and agrees to at all times to be responsible for his/her personal safety. Participant agrees to purchase and maintain his/her health and liability insurance, remain responsible for his/her medical expenses, and waives his/her right to any claims arising from his/her participation in or observation of any Equine Activities, being near equines, or merely being present on real property owned, leased, rented, borrowed, visited, or otherwise occupied or utilized by Released Parties. The following shall be included as “Released Parties” under this Release: Blue Wood Vineyard, LLC, any owner(s) of the equine involved in the Loss, any owners of the real property where the Loss occurred, and any of these listed parties’ respective family members, spouse, heirs, agents, trustees, beneficiaries, companies, employees, working students, volunteers, independent contractors, clinicians, guests, visitors, invitees, partners, members, managers, officers, directors, owners, lessor(ee), licensor(ee), successors, assigns, and any others acting on their behalf.

2. Release, Hold Harmless, Defend, Indemnify/No Expiration: Participant agrees to release, hold harmless, defend, and indemnify Released Parties for any illness, injury, death, damage, or other loss (collectively “Loss”) incurred by Participant or to Participant’s property and/or horse, even if such Loss is caused in whole or in part by negligence or other fault of Participant or Released Parties (except gross negligence or willful and wanton conduct). This Release shall not expire and shall remain in full force and effect in perpetuity.

3.Governing Law, Time Limitation, Attorneys’ Fees, Jury Waiver: This Release shall be construed and enforced in accordance with the laws of the State of New York. All disputes relating to this Release shall be resolved by the state court in Dutchess County, New York. Participant agrees that any claims for Loss by Participant against Released Parties surviving this Release must be brought within one (1) year of the date accrued and any surviving claim for personal property Loss is limited to two hundred and fifty dollars ($250). Participant agrees to reimburse Released Parties for any and all attorneys' fees and costs incurred by Released Parties in enforcing the terms of this Release and/or in defending or prosecuting any claims involving or relating to Participant. Participant agrees to waive trial by jury in any action with Released Parties.

4. Severability, Modification: If any provision of this Release is deemed invalid or unenforceable, the remaining provisions shall be valid and enforceable to the fullest extent of the law. The Release can only be modified if signed by Participant and Natasha Sprengers-Levine.

5. Participant Certification: Participant certifies he/she read this Release and understands that signing this Release is required for Participant to participate in Equine Activities with Released Parties, knows that he/she has other instructors and facilities to choose from, and voluntarily intends on his/her own behalf, and on behalf of minor Participant, and Participant’s spouse, parents, family members, heirs, agents, trustees, beneficiaries, representatives, successors, and assigns, to be bound by the terms and conditions contained herein.

WARNING :UNDER NEW YORK LAW, EQUINE ACTIVITY OPERATORS ARE NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A VISITOR OR OTHER PARTICIPANT RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.

Signed Date:April 25, 2024 

Participant Name:                            
Date of Birth:      If participant is minor, signer must be parent or legal guardian.
Address:  
Phone/E-Mail:      

Emergency Contact Name:   
Emergency Contact Phone:                                                                                                                                                                                                                                                                                 

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Signature Certificate
Document name: Blue Wood Farm Release
lock iconUnique Document ID: 6791762b937dcd1b1efa9b37f36444ddd24fb687
Timestamp Audit
September 29, 2021 4:50 PM EDTBlue Wood Farm Release Uploaded by STRIDER Team - support@striderpro.com IP 108.56.194.101
September 29, 2021 5:26 PM EDTNatasha Sprengers-Levine - natasha@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
September 29, 2021 5:35 PM EDTNatasha Sprengers-Levine - natasha@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
September 29, 2021 5:39 PM EDTNatasha Sprengers-Levine - natasha@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
September 29, 2021 5:56 PM EDTNatasha Sprengers-Levine - natasha@bluewoodfarm.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
September 29, 2021 6:00 PM EDTNatasha Sprengers-Levine - natasha@bluewoodfarm.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
September 29, 2021 6:02 PM EDTNatasha Sprengers-Levine - natasha@bluewoodfarm.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
September 29, 2021 6:03 PM EDTNatasha Sprengers-Levine - natasha@bluewoodfarm.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
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