Landsmankill Trail Association - Minor Participant Waiver
Release and Waiver of Liability, Assumption of Risk and Indemnification Agreement
There must be a completed release for each team member on the entry form.
LKTA – PARTICIPANT RELEASE ON BEHALF OF MINOR OR WARD
THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT YOU ARE RELEASING CLAIMS THAT AFFECT THE MINOR OR WARD AND HIS/HER FAMILY. YOU ARE ALSO AGREEING TO ENSURE ANYONE YOU BRING WITH YOU HAS SIGNED THIS AS WELL. IF YOU BREACH THIS AGREEMENT, YOU WILL BE RESPONSIBLE FOR COSTS, ATTORNEYS’ FEES AND POSSIBLY DAMAGES AS WELL. IN SIGNING THIS DOCUMENT YOU ACKNOWLEDGE THAT YOU WERE NOT FORCED OR MISLED TO SIGN IT, THAT YOU HAD SUFFICIENT TIME TO CONSULT AN ATTORNEY BEFORE YOU SIGNED IT, OR THAT YOU INTENTIONALLY DECIDED NOT TO SEEK COUNSEL BEFORE SIGNING IT.
- Equestrian, hunting, riding, other sporting and related activities, including without limitation, riding, trail riding, fox hunting, showing, racing, hunter pace, eventing, roading, polo playing or watching, parties and gatherings, jumping, beagling and hiking, sometimes over rough, steep and dangerous terrain; or
- Any other kind of physical, recreational or other activity where I may exert myself in any degree, including merely walking, with or without animals. All the preceding are defined as the “Activities”.
The Minor or Ward is engaging in one or more of the Activities with the Landsmankill Trail Association, commonly referred to as “LKTA”. LKTA, its officers, governors, directors, shareholders, partners, members, masters, guests, subscribers, participants, riders, agents, heirs, family members, assigns, managers, employees, representatives, invitees, lessees, licensees, affiliated persons or others acting on their behalf and all landowners (“Landowners”) where the Activities may take place, and said Landowner’s insurance companies, are collectively described as the “Released Parties”, or individually as a “Released Party”, and this document applies to all Released Parties and is executed and delivered for their protection.
In consideration of LKTA accepting me as a member and/or permitting me to participate in their public event(s), I, for myself and on behalf of my spouse, partner, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, agents or successors of any of the foregoing, and LKTA hereby agree as follows:
1. ACKNOWLEDGMENT OF RISK:
On the Minor or Ward’s behalf, I knowingly and voluntarily acknowledge the inherent risks and dangers associated with horseback riding and related equestrian activities, and that my use or maintenance of the trails or gaining access thereto involves risks and dangers including (a) the potential for serious bodily injury (including eye, head or neck injuries or broken bones), sickness and disease (including communicable diseases), trauma, pain and suffering, permanent disability, paralysis and death and (b) loss of or damage to personal property (including horses and equipment), which in the case of clauses (a) and (b) may arise from the behavior of horses, exposure to the elements, ground or water conditions, accidents involving mechanical equipment, people, horses or other animals, natural or manmade objects (including jumps), adverse weather conditions, facilities issues and premises conditions, failure of protective equipment (including helmets), and other factors which may or may not be foreseeable (the foregoing, collectively, “Risks”).
Unless I have read, understood, signed and delivered the agreement, I, on behalf of the Minor or Ward, know that the Minor or Ward would not be permitted to engage in any of the Activities. The Minor or Ward wishes to participate in the Activities, although I know of the dangers associated with them, such as falling, being kicked, or having his/her horse kicked, slipping or other dangers and understand that they can lead to personal injuries or death and property damage. I understand that these are just some of the risks, and I agree to assume others that are not mentioned in this document on behalf of the Minor or Ward. I am NOT relying on the Released Parties to list all possible risks related to the Activities in this document or any time. I, on behalf of the Minor or Ward, understand that the risks and dangers inherent in the Activities can occur with or without negligence on the part of Released Parties, and I freely and voluntarily agree to assume these risks on behalf of the Minor or Ward.
2. ASSUMPTION OF RISK:
On the Minor or Ward’s behalf, I understand that the Risks may be caused, in whole or in part, directly or indirectly, by the negligent acts or omissions of any party, including any person or entity allowing LKTA or its members to use, maintain or access the trails or any portion thereof (each, a Landowner) or one or more of such Landowner's current or former spouse, partner, child, other family member, employee, agent, contractor or guest (each, together with each Landowner, a Released Party). I hereby knowingly and voluntarily assume all Risks and responsibility for any damages, liabilities, losses or expenses incurred as a result of my use or maintenance of or access to the trails. I agree to be responsible for any injury or damage caused by me or my horse.
I accept and assume all of the risks for all the injuries, including death, to the Minor or Ward or to his/her property, including without limitation, his/her horse, dogs, other animals of his/hers, or any of his/her equipment, which may occur during the Activities. I know that the Activities are inherently dangerous and unpredictable.
3. RELEASE AND WAIVER OF LIABILITY, INDEMNITY:
LKTA and I, on behalf of the Minor or Ward, do hereby release, waive and covenant not to sue or bring other proceedings against, and further agree to indemnify, defend and hold harmless, each Released Party with respect to any liability, claim, demand, cause of action (whether based on tort or contract), damage, loss or expense (including court costs and attorney fees and expenses) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to LKTA’s or my use or maintenance of or access to the trails, including claims for Liability caused, in whole or in part, directly or indirectly, by the negligent acts or omissions of any Released Party.
In exchange for being permitted to engage in the Activities, or to be upon a Released Party’s property for any reason, I, on behalf of the Minor or Ward, and for myself, my heirs, successors, assigns, guardians, and personal and legal representatives, fully and forever release and agree not or make or bring any claim of any kind on behalf of the Minor or Ward against any of the Released Parties, and their respective heirs, successors, assigns, guardians, and personal and legal representatives for any injury, including death, to me, to the Minor or Ward, or any damages to my property or the property of the Minor or Ward, whether arising from anyone’s negligence or not, or any other cause, arising out of my use or the Minor or Ward’s use of or being on the real property of any Released Party, or my or the Minor or Ward’s participation in any of the Activities, with or without the Released Parties. I understand and agree that the terms of this document shall apply whether the Minor or Ward is on the real property of a Released Party or not. The term "damages" shall include, but is not limited to: medical expenses, any and all claims or losses because of bodily injuries, mental/emotional injuries, or property damages, death, expenses, and/or personal property. There must be a release form for each member on the membership form. The intent of this document is to release all claims, regardless of where they may have risen or occurred, when they arise from the Activities.
4. ACKNOWLEDGEMENT OF ABSENCE OF RIGHTS AGAINST LANDOWNERS:
LKTA and I, on behalf of the Minor or Ward, acknowledge that use or maintenance of or access to the trails is by permission of each Landowner, and that such permission may be withdrawn or modified by any Landowner at any time, with or without reason. LKTA and I acknowledge that such permission, or LKTA’s or my use or maintenance of or access to the trails, does not confer on LKTA or me any property or other rights of any kind (including any easement, lease or right of way), and LKTA and I agree not to assert any such claim.
5. RIGHT OF LANDOWNERS TO ENFORCE:
Each Landowner shall be an express third party beneficiary of the provisions under this agreement with the right to enforce them as if such Landowner were a party to this Agreement.
6. INDEMNIFICATION:
To ensure that I do not sign this agreement then violate it or have it violated for me, because of any injury to the Minor or Ward or his/her death, or for any damage to his/her property, I, for myself and on behalf of the Minor or Ward, hereby indemnify and hold the Released Parties and their respective heirs, successors, assigns, guardians, and personal and legal representatives, including their insurance companies, harmless from and against all claims, costs, expense or loss, including, but not limited to, settlements, awards, jury verdicts, reasonable attorneys’ fees, and court costs.
7. INDEMNIFICATION FOR OTHERS:
Additionally, if I have brought anyone with me to participate in any of the Activities with any Released Party, I recognize and agree that it is my obligation to have such person execute a copy of this document and provide the original thereof to LKTA prior to the time such person engages in any of the Activities. If I fail to completely fulfill this obligation and such person asserts a claim against any Released Party, I hereby indemnify and hold the Released Parties and their respective heirs, successors, assigns, guardians, and personal and legal representatives, including their insurance companies, harmless from and against all claims, costs, expense or loss including, but not limited to, settlements, awards, jury verdicts, reasonable attorneys’ fees and court costs which relate to such person and any claim they may assert.
8. OPPORTUNITY TO SEEK COUNSEL:
I represent and acknowledge that prior to signing this document I had the opportunity to seek counsel concerning its terms and effect. If I did not seek the advice of counsel, this was only because I chose not to.
9. FREE WILL:
I further represent that I have not been coerced, misled or forced into signing this agreement. I have read its terms, understand them, and freely make this agreement.
This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns, guardians, and personal and legal representatives.
This agreement may not be amended or modified. It may be revoked, but only if the signor demands the original back from LKTA and the original is returned to the signor by LKTA. Upon the completion of those conditions, this agreement shall considered revoked. Otherwise, it shall remain in full force and effect. Upon such revocation, the signor shall have no authority to engage in any of the Activities with any of the Released Parties, and shall be considered a trespasser if the lands of any Released Party is entered.
In case any provision of this document should be held to be invalid, the remaining provisions shall remain effective. This agreement shall be construed and enforced pursuant to the laws of the State of New York. Any questions concerning this agreement’s interpretation or enforcement shall be determined in the Supreme Court, Dutchess County, New York.
10. ALSO, I REPRESENT:
- I am RIDING AT MY OWN RISK;
- I WILL WEAR A SAFETY HELMET;
- I am of sound mind and am not suffering from shock or under the influence of alcohol, drugs, or intoxicants that affect my ability to read and understand this document;
- I have read this entire document (all four pages), and I fully understand it;
- I intend for this document to be valid and binding today and at all times in the future;
- I am aware that this document is legally binding and that I, for myself and on behalf of the Minor or Ward, am releasing legal rights of the minor or ward against any of the above Released Parties including Landowners; and
- All of the information that I have provided is true and accurate.
