EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

This Express Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”) is entered into by the undersigned in favor of Lendon F. Gray, the owners and operators of any facility where I participate in Equestrian Activities with Lendon F. Gray, the organizer of any clinic taught by Lendon F. Gray, their employees and agents as well as any of their successors in interest (all collectively the “Released Parties” and each a “Released Party”). For the purposes of this Agreement any equine that I own or that my child or I are riding or handling shall be included in the meaning of the term, “My horse.” In consideration for my child or me being permitted to participate in Equestrian Activities, including but not limited to riding, training or having my horse trained, longeing, driving, participating in instruction, clinics, competitions or other equestrian related events, grooming or otherwise handling equines or observing others doing any of the above activities (collectively “Equestrian Activities”) with the Released Parties, whether at my horse’s usual stable or at other venues, I acknowledge and agree as follows:

1. Acknowledgment, Assumption of Risks: I acknowledge that horses can be unpredictable animals and I fully realize that there are certain dangers inherent in Equestrian Activities, including the risks of property damage, personal injury and even death. I understand that neither my horse’s actions, nor the actions of any other person or animal can necessarily be controlled, and that my or my child’s safety and that of my horses and other property cannot be guaranteed while participating in Equestrian Activities. I understand and agree that a person’s inability to control a horse or horses or to predict the reaction of a particular horse in a given situation are part of the inherent risks of Equestrian Activities and do not per se constitute negligence. I understand that injuries and harm may result from working with and around horses from a variety of causes, including the acts or omissions of other persons, domesticated or wild animals, weather, ground conditions, loud or sudden noises and other causes not necessarily predictable. I recognize that even with careful handling, even the best trained horses can and often do react rapidly and in unexpected ways to stimuli and occasionally even for no apparent reason at all. These reactions are occasionally both fast and forceful and neither predictable or preventable. I understand that while the Released Parties endeavor to provide a safe environment, there is no such thing as a totally safe horse or a totally safe environment in which to ride or handle a horse. Understanding the risks involved in riding and handling horses, I voluntarily choose to participate in Equestrian Activities or allow my child to participate in Equestrian Activities and to be around horses, and KNOWINGLY AND VOLUNTARILY ASSUME THE ASSOCIATED RISKS, INCLUDING THE RISK OF INJURY AND DEATH, WHETHER CAUSED BY THE RISKS INHERENT IN EQUESTRIAN ACTIVITIES, THE UNINTENTIONAL NEGLIGENCE OF THE RELEASED PARTIES OR ANY OTHER CAUSE. I accept full and complete responsibility for the safety of myself, my child, any guests or observers accompanying me or present at my invitation, my horses and personal property, and I assume the risk of any damage or injury caused to others by my horse. I understand that it is my responsibility to control any equine I am handling or riding to the extent possible, even during instruction, and regardless of the acts of other humans or animals, and to act in a responsible manner to ensure to the extent possible my own safety and that of others. If applicable, I have discussed with my child this responsibility and safe practices when handling horses.

2. Release and Waiver of Claims, Indemnification: On behalf of myself, my heirs, successors in interest, guardians, legal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, WHETHER MY OWN, MY CHILD’S OR DERIVATIVE CLAIMS, BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS, DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION OR OTHER HARM OF WHATEVER NATURE, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUSTAINED OR SUFFERED BY ME, OR BY ANY OTHER PERSON AS A RESULT OF MY OR MY CHILD’S PARTICIPATION IN EQUESTRIAN ACTIVITIES OR THE ACTIONS OF MY HORSE, WHETHER CAUSED BY THE RISKS INHERENT IN EQUESTRIAN ACTIVITIES, THE UNINTENTIONAL NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 2 shall be deemed to release any Released Party from liability arising from their own intentional cause of injury or damage. I hereby agree that I, my heirs, successors in interest, guardians, legal representatives and assigns will not, either in my, my child’s, or their own name, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties for any loss or damage arising during or resulting from my or my child’s participation in Equestrian Activities or our presence at the Released Parties’ premises. I further agree to indemnify, defend, and hold the Released Parties harmless from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses arising from or in connection with the injury, illness or death of any person or the damage, destruction or loss of any of my or others’ property which might result from my or my child’s participation in Equestrian Activities, our presence at the Released Parties’ premises, or from the actions of my horse.

3. Personal Property: I agree that I am responsible for the security of my own personal property, including property I bring with me to Equestrian Activities or leave in the custody of the Released Parties, and that the Released Parties cannot guaranty the security of my property. I understand that the Released Parties’ insurance does not cover my property.

4. Foreseeability of Claims: I realize that this Agreement refers to and covers events that may take place after the signing of this document, and that the exact nature of any injury or loss I may suffer as a result of my or my child’s participation in Equestrian Activities may not be entirely foreseeable. I do realize and acknowledge that the extent of loss possible includes serious bodily injury or even death, and total destruction or loss of my or others’ property. Knowing that the damage or injuries that might be suffered from participating in Equine Activities can extend as far as death of persons or animals and total loss or destruction of property, I hereby expressly waive any claim that the unexpected nature or extent of any damage or injury invalidates or affects the enforceability of this Agreement.

5. Nature of Equine Activities: For the purposes of interpreting this Agreement I agree that the services provided by the Released Parties are for the purposes of training competition quality horses and for instructing riders seriously pursuing success in equestrian sport, and that I participate with the goal of increasing my own level of performance and the value of my horse or pony. I hereby admit and agree that any fees paid to any of the Released Parties are NOT FOR THE USE OF PLACES OF PUBLIC AMUSEMENT OR RECREATION as that term is used in New York General Obligations Law Section 5-326. I hereby waive any claim to the contrary, and specifically waive any claim that the terms of this Agreement are invalidated by or affected in any way by New York General Obligations Law Section 5-326.

6. New York Law, Jurisdiction: I recognize that although Lendon F. Gray regularly teaches and trains in many locations, her residence and the base of her business activities are located in Bedford, New York, and that any lessons or clinics conducted by her in other states are arranged via contact within the state of New York. I hereby agree that regardless of where I may be participating in Equestrian Activities with the Released Parties, the terms of this Agreement shall be governed by and interpreted according to the laws of the State of New York, and that the courts of the State of New York shall have exclusive jurisdiction over any matter arising hereunder regardless of my residence or the location of any event or matter at issue. I FURTHER UNDERSTAND THAT THE TERMS OF THIS EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT INCLUDE THE WAIVER OF CLAIMS FOR ORDINARY NEGLIGENCE AND MEAN THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER NEW YORK LAW.

7. Severability: I agree that this document is intended to be as broad and inclusive as is permitted by New York law. If any portion of this Agreement is determined to be invalid, illegal, unenforceable, or in conflict with applicable law, that portion shall be severable, and the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 8. Representations and Warranties: I hereby warrant that: a) I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON. b) I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE OR LOSS. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. c) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND I FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. MY SIGNATURE BELOW AND MY INITIALS ON THE PRECEDING PAGES ARE ACKNOWLEDGEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.

 

PARTICIPANT NAME:  

  • If signed on behalf of minor child, Child’s Date of Birth:  

  • Signatory’s relationship to the child:  

ADDRESS:  

PHONE #:  

EMERGENCY CONTACT NAME:  

EMERGENCY PHONE NUMBER:  

SIGNED DATE: December 21, 2024

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Signature Certificate
Document name: Lendon F. Gray Liability Release Form
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June 24, 2021 9:58 AM ESTLendon F. Gray Liability Release Form Uploaded by STRIDER Team - support@striderpro.com IP 74.96.94.74
July 2, 2021 9:23 AM ESTStrider Waivers - waivers@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
July 2, 2021 9:37 AM ESTStrider Waivers - waivers@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 108.56.194.101
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October 2, 2021 3:37 PM ESTStrider Waivers - waivers@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 172.58.84.55
October 2, 2021 3:37 PM ESTDressage for Kids - d4k.org@gmail.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 172.58.84.55
April 4, 2022 12:39 PM ESTStrider Waivers - waivers@striderpro.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 74.96.94.74
April 4, 2022 12:39 PM ESTDressage for Kids - d4k.org@gmail.com added by STRIDER Team - support@striderpro.com as a CC'd Recipient Ip: 74.96.94.74
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