Person Voluntarily entering into this Release and Hold Harmless Agreement:
1. I, [First Name] [Last Name] , the undersigned have read and understand, and freely and voluntarily enter into this Release and Hold Harmless Agreement with Kay’s Acres, LLC, understanding that this Release and Hold Harmless Agreement is a waiver of any and all liability(ies).
2. I understand the potential dangers that I (or my minor) could incur in mounting, riding, walking, boarding, feeding said horse; including, but not limited to, any interactions with other horses. Understanding those risks I hereby release Kay’s Acres, LLC, its Officers, Directors, Shareholders, Employees, Volunteers, and anyone else directly or indirectly connected with Kay’s Acres, LLC from any liability whatsoever in the event of injury or damage of any nature (or perhaps even death) to me or anyone else caused by or incidental to my electing to mount and ride a horse owned or operated by Kay’s Acres, LLC.
3. I understand and recognize and warrant that this Release and Hold Harmless Agreement, is being voluntarily and intentionally signed and agreed to, and that in signing this Release and Hold Harmless Agreement I know and understand that this Release and Hold Harmless Agreement may further limit the liability of equine professionals to include any activity, whatsoever, involving an equine, including death, personal injury and/or damage to property.
4. I acknowledge and agree it is my responsibility to disclose any and all information regarding my (or my minors) skills and experience with/around equine animals to Kay’s Acres, LLC.
5. I acknowledge and agree it is my responsibility to disclose any and all information regarding my (or my minors) health that may impact my (or my minors) ability to interact, mount, dismount, ride, walk, groom, use of barn, trails, round pen or feed horses. This includes but is not limited to pregnancy, seizures, allergies to equine animals, hearing, speech or vision impairment, etc.
6. I further voluntarily agree and warrant to Release and Hold Harmless this (these) equine professional(s) from any liability whatsoever, including, but not limited to, any incident caused by or related to said equine professional’s (s’) negligence, relating to injuries known, unknown, or otherwise not herein disclosed; including, but not limited to, injuries, death or property damage from: mounting; riding; dismounting; walking; grooming; feeding; use of horse barn, paddock, trails or round pen, in any capacity; falling off horse whether horse is bucking, flipping, spooked; or my (or my minors) failure to understand any equine professional’s directions relating to my riding or otherwise use and control, or lack thereof, of my horse or the horse I have been assigned to.
With this waiver I accept notice of the provisions of the Equine Activity Liability Act 3.2-6200 through 6203, 2008, as amended, which state in part: “”(i) the propensity of an equine to behave in dangerous ways which may result in injury to the participant; (ii)the inability to predict an equine’s reaction to sound, movements, objects, persons or animals; and (iii)the hazards of surface or subsurface conditions.
I, the undersigned, give my child permission to participate in the Kay’s Acres, LLC Traveling Petting Zoo and On Farm Petting Zoo located at 800 Lummis Road, Suffolk, VA, 23437 AND 804 Lummis Road, Suffolk, VA, 23437. I understand that participation involves my child being both in the vicinity and in direct contact with live animals of various species. I agree that I am informed and I completely understand and acknowledge that, although careful precautions will be used for the safety of all children participating in the Traveling Petting Zoo and On Farm Petting Zoo, there are possible risks involved for myself, my child. I understand that any and all animals may react in an impulsive and unpredictable way as a result of, but not limited to, people, sounds, sudden movements, or other animals which could result in injury to my child and those in the vicinity of the Traveling Petting Zoo and On Farm Petting Zoo. I agree I will not hold anyone from Kay’s Acres LLC, or any participant of this event, liable for any accident, including but not limited to injury, illness, property damage, death, or any other loss sustained by me or my child (or the child I am representing), arising from or due to any cause whatsoever.
(1) Individuals will be allowed to pet, groom and feed the animals. Be aware that animals can and WILL bite. You may feed, pet and groom animals at your own risk. It is the responsibility of the attending minors sponsor and legal adult participants to ensure the safety, and assume any and all responsibility for any mishap whatsoever.
(2) Please be sure that old clothes and shoes are worn to the farm. This is a real farm—watch your step!!
(3) We often take photos and/or videos of our farm visitors interacting with the animals, These photos may appear on our website, in published materials and/or on facebook.
ATTENDANCE/PHOTOGRAPHY/VIDEO RELEASE I wish to visit and/or participate in activities sponsored by Kay’s Acres, LLC at 800 Lummis Road, Suffolk, VA, 23437 AND 804 Lummis Road, Suffolk, VA, 23437. I I understand that I do so at my own risk. I hereby release and waive all claims against the Kay’s Acres, LLC and any entities affiliated with the foregoing from liability for any and all loss, damage, injuries, claims, demands, lawsuits expenses and any other liability of any kind, of or to me or any other person, directly or indirectly arising out of, or in connection with my visit or participation in any activity. I further agree to hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage or injury sustained by me or others in connection with my attendance, at or participation in, the above described activity. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries I may suffer. I hereby grant Kay’s Acres, LLC permission to use my likeness in a photograph in any and all of it's publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of the Kay’s Acres, LLC. I hereby irrevocably authorize Kay’s Acres, LLC to edit, alter, copy exhibit, publish or distribute this photo for purposes of publicizing Kay’s Acres, LLC. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video.
If minor, person representing himself/herself to the lawful Guardian under this Release and Hold Harmless Agreement:
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