This waiver, release, and indemnity is intended to be
given for the benefit of Watermark Farm and the owners, officers, directors,
managers, employees, agents and successors in interest, all of whom are hereinafter
jointly and severally referred to as “Watermark Farm.”
The undersigned is a client of
Watermark Farm and may, pursuant and subject to the terms of a separate agreement,
utilize farm facilities and services for equestrian activities, including
but not limited to riding, boarding, stabling, training, lessons, showing,
entertaining guests, and any and all types of activities associated directly
or indirectly with equestrian activities. If Client is a minor, the term
“Client” as used herein includes the minor and the undersigned parent(s)
and guardian(s), jointly and severally.
In consideration of and in return for Watermark Farm (in addition to any
fees charged or consideration provided for in a separate agreement(s))
providing and making available services and facilities to Client, Client
hereby, for all Client’s self and Client’s heirs, legal representatives,
and guests, expressly agrees to the following: |
| 1. |
Client
hereby assumes for Client and Client’s guests ANY AND ALL RISKS INVOLVED
IN OR ARISING FROM CLIENT’S OR CLIENT’S GUESTS USE OF OR PRESENCE UPON WATERMARK
FARM OR ADJOINING PROPERTY AND FACILITIES OR PARTICIPATION IN A WATERMARK
FARM SPONSORED ACTIVITY, including, without limitation, the risks or death,
bodily injury, property damage, falls, kicks, bites, collisions with vehicles,
horses or stationary objects, fire, or explosion, the unavailability of emergency
medical care, or the negligence or deliberate act of another person. It is
the responsibility of Client to carry full and complete insurance coverage
on his horse, personal property, himself, and guests. |
| 2. |
Client
hereby assumes for Client and Client’s guests ANY AND ALL RISKS INVOLVED
IN OR ARISING FROM CLIENT’S OR CLIENT’S GUEST USE OF A HORSE OWNED BY WATERMARK
FARM OR PROVIDED FROM EVALUATION AT THE WATERMARK FARM PROPERTY FOR THE PURPOSE
OF TEST RIDING SUCH HORSE TO EVALUATE ITS SUITABILITY FOR PURCHASE OR LEASE,
including, with out limitation, the risks of death, bodily injury, property
damage, falls, kicks, bites, collisions with vehicles, horses or stationary
objects, fire, or explosion, the unavailability of emergency medical care,
or the negligence or deliberate act of another person. It is the responsibility
of Client to carry full and complete insurance coverage on his horse, personal
property, himself, and guests. |
| 3. |
Client
agrees to hold Watermark Farm and its successors, assigns, subsidiaries,
affiliates, officers, directors, employees, and agents completely harmless
and not liable and release the from all liability whatsoever, and AGREES
NOT TO SUE them on account of or in connection with any claims, causes of
action, injuries, damages, costs, or expenses arising out of Client’s or
Client’s guests’ use of or presence up Watermark Farm property, facilities,
and horses, including without limitation, those based on death, bodily injury,
property damage, including consequential damages. |
| 4. |
Client
agrees to waive the protection afforded by any statute or law in any jurisdiction
whose purpose, substance, and/or effect is to provide that a general release
shall not extend to claims, material or otherwise, which the person giving
the release does not know or suspect to exist at the time of executing the
release. Client confirms that all such future risks are expressly assumed
by Client. |
| 5. |
Client agrees to indemnify and defend Watermark
Farm against, and hold it harmless from, any and all claims, cause of action,
damages, judgments, costs, or expenses, including attorneys’ fees which in
any way arise from Client’s or Client’s guests’ use of or presence upon Watermark
Farm property, facilities, and horses or from participation in a Watermark
Farm sponsored activity, program, or show. |
| 6. |
Client
agrees to abide by all Watermark Farm rules and regulations. |
| 7. |
Client
agrees to hold harmless Watermark Farm and its employees for any loss of
semen to be collected under this agreement, and for any injury, sickness
or death of the horse(s) identified in this agreement. Client agrees to indemnify
and hold harmless Watermark Farm and its employees against any and all claims,
including third party claims for any injury, sickness and/or death of any
horse(s) inseminated by semen processed and sent by Watermark Farm. Client
agrees to hold harmless Watermark Farm, its employees and agents, for any
injury, sickness and/or death to the stallion(s) identified in this agreement
with are the result of or in association with the training, or care of the
stallion or the collection of semen of the stallion. |
| 8. |
Watermark
farm reserves the right to refuse to allow Client to use Client’s horse upon
Watermark Farm premises or in a Watermark Farm sponsored activity if in their
sole determination the horse is not in proper health or is deemed to be dangerous
or undesirable. |
| 9. |
This agreement is nonassignable and non-transferrable
and is made and entered into in the Commonwealth of Pennsylvania and shall be enforced
and interpreted under the laws of this state. Should any clause be in conflict
with state law, then that clause shall be severed from this contract, and
the remaining clauses and provisions of this contract shall be enforceable.
When Watermark Farm and Client, and Client’s parent or guardian if Client
is a minor, sign this agreement, it will then be binding on all parties,
subject to above terms and conditions. |
| 10. |
This agreement is independent of any agreement
for the use of facilities or services which may now exist or which may be
entered into in the future and shall be deemed applicable to and part of
any such agreement. This agreement may not be canceled, terminated or otherwise
changed or modified except by an instrument in writing executed by all parties. |
| WE HAVE CAREULLY
READ THE FOREGOING WAIVER, RELEASE, AND INDEMNITY AGREEMENT, ACKNOWLEDGE
THAT THIS INSTRUMENT CREATES LEGAL CONTRACT BY AND BETWEEN THE UNDERSIGNED.
CLIENT ACKNOWLEDGES THAT WATERMARK FARM HAS OR WILL BE PROVIDING SERVICES
AND/OR FACILITIES IN RELIANCE UPON THIS AGREEMENT.
PLEASE INITIAL |
On the line provided
below, please print the following words: “I
have read and understand the above” and then sign.
|
| Signature: |
| For Watermark Farm: |
| Client Signature: |
| Print Name: |
Description
of Client’s horse(s), if any:
|
| Client’s
Parent/Guardian Signature: |
| Print Name: |
| Horse’s estimated value: $ Initial: |
| Horse’s insured value: $ Initial: |
Name,
Address, Telephone of Emergency Contact(s):
|
Address & Telephone
# of Client:
|