STORM CHASER SERVICES LLC EQUINE ACTIVITY LIABILITY RELEASE WAIVER OF RIGHT TO SUE AND ASSUMPTION OF RISK
Under Virginia law, an equine activity sponsor or equine professional is not liable for any injury to, or the death of, a participant in equine activities resulting exclusively from the inherent risks of equine activities. CODE OF VIRGINIA TITLE 3.2. AGRICULTURE, ANIMAL CARE, AND FOOD. SUBTITLE V. DOMESTIC ANIMALS. CHAPTER 62. EQUINE ACTIVITY LIABILITY. VA. Code Ann. § 3.2-6200 – 6302 (2008).
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I, (PARENT/GUARDIAN NAME TYPED BELOW BESIDE OTHER CHECKBOX), the undersigned have read and understand, and freely and voluntarily enter into this Release and Hold Harmless Agreement with Storm Chaser Services LLC, AKA Storm Chaser Stables at 705 Terre Haute Lane, Palmyra, VA 22963, including its owners, their family members, agents, equine professionals, sponsors, employees, independent contractors, staff, and the property owners and/or renters of Terre Haute Lane, Palmyra, VA 22963, hereinafter referred to as SCS LLC. *
Please check your response and type your name only if you are the ADULT PARTICIPANT or PARENT/GUARDIAN of PARTICIPANT. If the participant is a minor, this form must be filled out by the parent/guardian as the "responsible party."
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I understand that this Release and Hold Harmless Agreement is a waiver of any and all liability(ies). I understand and sign on behalf of myself or my minor child, hereinafter referred to as PARTICIPANT(S): (PLEASE TYPE PARTICIPANT NAME BELOW BESIDE OTHER CHECKBOX), as applicable. *
Please check your response and type the name of the PARTICIPANT(S).
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CODE OF VIRGINIA TITLE 3.2. AGRICULTURE, ANIMAL CARE, AND FOOD. SUBTITLE V. DOMESTIC ANIMALS. CHAPTER 62. EQUINE ACTIVITY LIABILITY VA. Code Ann. § 3.2-6200 – 6302 (2008) § 3.2-6200. Definitions As used in this chapter, unless the context requires a different meaning: "Engages in an equine activity" means: (i) any person, whether mounted or unmounted, who rides, handles, trains, drives, assists in providing medical or therapeutic treatment of, or is a passenger upon an equine; (ii) any person who participates in an equine activity but does not necessarily ride, handle, train, drive, or ride as a passenger upon an equine; (iii) any person visiting, touring or utilizing an equine facility as part of an event or activity; or (iv) any person who assists a participant or equine activity sponsor or management in an equine activity. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to an equine or equine activity. "Equine" means a horse, pony, mule, donkey, or hinny. "Equine activity" means: (i) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, endurance trail riding and western games, and hunting; (ii) equine training or teaching activities; (iii) boarding equines; (iv) riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (v) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (vi) conducting general hoof care, including placing or replacing horseshoes or hoof trimming of an equine; and (vii) providing or assisting in breeding or therapeutic veterinary treatment. "Equine activity sponsor" means any person or his agent who, for profit or not for profit, sponsors, organizes, or provides the facilities for an equine activity, including pony clubs, 4-H clubs, hunt clubs, riding clubs, school-and college-sponsored classes and programs, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including stables, clubhouses, pony ride strings, fairs, and arenas where the activity is held. "Equine professional" means a person or his agent engaged for compensation in: (i) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon an equine; or (ii) renting equipment or tack to a participant. "Intrinsic dangers of equine activities" means 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. "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. § 3.2-6201. Horse racing excluded. The provisions of this chapter shall not apply to horse racing, as that term is defined by § 59.1-365.§ 3.2-6202. Liability limited; liability actions prohibited A. Except as provided in § 3.2-6203, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation, partnership, or limited liability company, shall not be liable for an injury to or death of a participant resulting from the intrinsic dangers of equine activities and, except as provided in § 3.2-6203, no participant nor any participant's parent, guardian, or representative shall have or make any claim against or recover from any equine activity sponsor, equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the intrinsic dangers of equine activities. B. Except as provided in § 3.2-6203, no participant or parent or guardian of a participant who has knowingly executed a waiver of his rights to sue or agrees to assume all risks specifically enumerated under this subsection may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. The waiver shall give notice to the participant of the intrinsic dangers of equine activities. The waiver shall remain valid unless expressly revoked in writing by the participant or parent or guardian of a minor. § 3.2-6203. Liability of equine activity sponsors, equine professionals No provision of this chapter shall prevent or limit the liability of an equine activity sponsor or equine professional or any other person who: 1. Intentionally injures the participant; 2. Commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury, unless such participant, parent or guardian has expressly assumed the risk causing the injury in accordance with subsection B of § 3.2-6202; or 3. Knowingly provides faulty equipment or tack and such equipment or tack was faulty to the extent that it did cause the injury or death of the participant. Acts 2008, c. 860, eff. Oct. 1, 2008. Derivation: Acts 1994, c. 404; § 3.1-796.136. *
Please verify that you, the responsible party, have read and understand the Equine Activity Liability law as required by this agreement.
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I understand the potential dangers that PARTICIPANT(S) could incur in handling, walking, grooming, mounting, riding, boarding, feeding, or other contact with any horses; including, but not limited to, any interactions with other horses or animals, including both domestic pets or livestock and wild animals, which could spook horses and lead to injury and/or death. I understand mounted activities such as riding at varying speeds/gaits, jumping, and courses, games, or patterns are inherently dangerous activities. Understanding those risks, I hereby release SCS LLC and anyone else directly or indirectly connected with SCS LLC from any liability whatsoever in the event of injury or damage of any nature, including death, to me, my minor child, my property, or anyone else caused by, or incidental to, my electing to handle and/or mount and ride a horse owned or operated by SCS LLC. I have read and been offered a printed or emailed copy of the EQUINE ACTIVITY LIABILITY ACT, VA. Code Ann. § 3.2-6200 – 6302 (2008). *
Please check your response and type the initials of responsible party.
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May we photograph you/your child? If yes, we may use your/your child's image or photos taken by SCS representatives for promotional purposes.
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I understand, recognize, and warrant that this Release and Hold Harmless Agreement is being voluntarily and intentionally signed and agreed to, and that my signature may further limit the liability of equine professionals beyond that statutorily to include any activity, whatsoever, involving an equine. My signature releases SCS LLC and affiliated persons of any and all responsibility, of all liability(ies) related to the inherent risks of equine activities, including death, personal injury and/or damage to property. If signed electronically, I agree that my typed name is legally binding. *
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This liability release and waiver enters full effect on the following date. Permission may be retracted in writing.
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