First Light Farm

Rider release

Release, waiver and indemnification.

Please read the agreement below and sign at the bottom. You can download a copy of your signed release as soon as you submit it.

This release, waiver, hold harmless, and indemnification agreement ("Release") is made and entered into on in favor of MONARCH EQUINE LLC DBA FIRST LIGHT FARM, and the trainers Tess Davis and Cayla Mackey, and in favor of ROUTE 537 INVESTMENTS LLC as owner and lessor of the premises known as Tourelay Farm, and their staff, members, representatives, instructors, boarders, riders, equine owners, as well as their agents, other clients, and employees (including their family and acquaintances) (collectively sometimes referred to herein as "First Light Farm") by the undersigned, including but not limited to rider, rider's parent/guardian, the rider's family members or friends, or just as a visitor, guest, or invitee, or anyone else on the Premises (designated and known hereinafter as "GUEST"), and if the GUEST is a minor, GUEST's parent or guardian, his or her heirs, assigns and legal representatives.

Where the GUEST is a minor, this Release is signed by that minor's parent or legal guardian, who signs both in that capacity and personally, and who represents that he or she holds that authority for every minor named in the accompanying form. Where the accompanying form names more than one minor, this Release applies to each of them separately as GUEST, and every reference in it to GUEST, to the minor, or to the CHILD GUEST in the singular applies to each named minor as though a separate Release had been signed for that minor. Words in the singular include the plural, and the reverse, wherever the sense requires it.

In consideration of First Light Farm permitting GUEST to enter and use, and for future use of, the property, facilities and services of First Light Farm wherever located ("Premises"), GUEST hereby expressly agrees to the following:

1. GUEST is responsible for full and complete insurance coverage on his or her equine, personal property and him or herself. GUEST represents that GUEST has no medical or physical condition that could reasonably interfere with GUEST's safety in this activity.

2. GUEST understands that equines, horses, and ponies can act in unpredictable ways and that there are inherent risks in and around equine activities, and that an equine activity sponsor, equine professional, manager or instructor is not liable for property damage, injury to, or death of a GUEST, a horse, or a spectator in an equine activity. GUEST is further aware that a very calm horse or pony may sometimes spook at something not noticeable to the human eye. As a result, GUEST understands that GUEST can fall and be injured or die. GUEST further understands that there may be certain natural hazards, such as surface or subsurface ground conditions. While doing its best to allocate a suitable, available horse to each particular GUEST, GUEST understands that First Light Farm does not make any claim as to the suitability of a particular horse for a specific GUEST and cannot be made liable for any such lack of suitability. GUEST AFFIRMS THAT PARTICIPATION IN EQUINE ACTIVITIES IS VOLUNTARY AND THAT GUEST KNOWINGLY, WITH UNDERSTANDING OF THE SUBSTANTIAL AND INHERENT RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT IN EQUINE ACTIVITIES.

3. GUEST agrees to, acknowledges, and thus assumes any and all risks of injury that may occur in, or arise from, GUEST's lesson or presence upon First Light Farm's Premises, including but not limited to the risks of death, injury, property damage, falls, kicks, bites, collisions with vehicles, equines or stationary objects, fire, explosions, and unavailability of emergency medical care, or the negligent or deliberate act of another person. Due to the nature of equine activities there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please speak with a manager before entering the Premises. Notwithstanding the foregoing risks and the safety measures implemented by First Light Farm, GUEST acknowledges that it is impossible to eliminate all risk of injury, and understands the demands of equine activities relative to GUEST's physical condition and skill level.

4. GUEST agrees not to sue, agrees to hold harmless, and shall indemnify and defend First Light Farm and all its successors, assigns, subsidiaries, representatives, affiliates, members, officers, directors, employees, instructors, trainers, heirs, executors, administrators and agents, the property owner, the premises owner, including ROUTE 537 INVESTMENTS LLC, mortgagees, management company of the premises, and any of their lenders, parents, managers, partners, agents, contractors, heirs, volunteers, independent contractors, equipment suppliers, and insurers of all of them ("PROTECTED PARTIES") from and against ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, "CLAIMS") RELATING TO, RESULTING FROM, OR ARISING OUT OF, OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO GUEST RESULTING IN ANY WAY FROM (A) GUEST'S USE OF THE PREMISES, (B) GUEST'S ACTIVE OR PASSIVE PARTICIPATION IN EQUINE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, OR (D) GUEST'S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR GUEST. THE INDEMNITY SHALL ALSO INCLUDE THE ADULT GUEST'S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (A) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD GUEST RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (B) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF GUEST'S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD GUEST.

5. GUEST agrees to abide by all of First Light Farm's rules and regulations, whether written or verbal, and GUEST is responsible for using protective equipment, including but not limited to certified headgear, riding boots, and chest protectors. Certified headgear is mandatory while mounted at all times, with no exceptions. GUEST also understands that equipment, while regularly inspected, may occasionally fail to operate properly. While doing its best to maintain its equipment in good repair, First Light Farm does not make any guarantee as to the equipment's soundness, suitability or good repair for each and every instance in which the equipment is used. GUEST represents that GUEST has protective equipment available to use at all times.

6. If a GUEST uses GUEST's own equine, the equine must be free from infection and from contagious or transmittable diseases, current on vaccinations, and otherwise in good health suitable for riding activity by the GUEST. First Light Farm reserves the right to refuse the equine if it is not in proper health, or if it is deemed dangerous or otherwise undesirable, in the sole and absolute discretion of First Light Farm.

7. GUEST hereby authorizes and consents to any emergency medical care which may be administered because of injury or sickness caused by, or incurred in the course of, any equine activity.

8. GUEST understands that First Light Farm is not responsible for property that GUEST leaves on the Premises, and that spaces provided by First Light Farm for equipment are provided as a convenience without any liability on the part of First Light Farm.

9. This agreement is non-assignable and non-transferable by GUEST, but is freely assignable and transferable by First Light Farm without need for any consent from GUEST. It is made and entered into in the State of New Jersey and shall be enforced and interpreted under the laws of this State. Should any clause conflict with New Jersey state law, that clause is null and void.

10. This Agreement shall be construed to provide First Light Farm with the fullest protection of a release, waiver of the right to sue, indemnification, and assumption of all risk that is afforded by the Act.

11. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, GUEST AND FIRST LIGHT FARM KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL), AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE. The right to a trial by jury is a right the parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located.

In addition, the undersigned GUEST hereby acknowledges that he or she has read the following paragraph from the New Jersey Equine Activities Liability Act (the "Act"):

WARNING: UNDER NEW JERSEY LAW, AN EQUESTRIAN AREA OPERATOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ANIMAL ACTIVITIES, PURSUANT TO P.L.1997, c.287 (C.5:15-1 et seq.).

BY EXECUTING THIS AGREEMENT, I REPRESENT THAT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT I AGREE TO BE BOUND AS SET FORTH HEREIN.

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