Selene owns a certain parcel of land located in Pfafftown, North Carolina consisting of
approximately 100 acres of pasture and woodland and several barns and stables and a floodlit riding ring (collectively, the “Property”).
Horsemanship provides certain equine-related activities on the Property, including providing
horse training services and riding lessons. Additionally, it manages the pasture and buildings associated with the animal boarding operations conducted on the Property.
The Releasing Party wishes to have access to the Property to engage in certain animal-related
activities, including, without limitation, riding a horse (including taking riding lessons), engaging in the boarding, care, maintenance and feeding of an animal, or visiting the Property in close proximity to animal activities, horses and other animals or providing certain services on the Property in close proximity to animal activities, horses and other animals (collectively, the “Releasing Party Activities”).
Horsemanship and Selene have agreed to allow the Releasing Party access to the
Property for purposes of engaging in the applicable Releasing Party Activities, subject to the terms and conditions set forth in this Release. As lawful consideration for being permitted to engage in the Releasing Party Activities, the Releasing Party hereby agrees to all of the terms and conditions set forth in this Release.
1. North Carolina Statutory Limitation on Liability. The Releasing Party hereby
acknowledges the following statutory limitation on liability: Under North Carolina 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 (pursuant to Chapter 99E of the North Carolina General Statutes). For the avoidance of doubt, the Releasing Party Activities shall be considered equine activities for purposes of this Release.
2. Inherent Risks and Assumption of Risk. The Releasing Party acknowledges that there are
inherent risks associated with the Related Party Activities, such as those described below. The inherent risks include, but are not limited to, the propensity of animals (including, without limitation, horses) to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on persons, that may result in an injury, harm or death to persons on or around them; the unpredictability of an animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; the limited availability of emergency medical care; and the potential of a Releasing Party to act in a negligent manner that may contribute to injury to the Releasing Party or others, such as failing
to maintain control over the animal or not acting within such Releasing Party’s ability.
The Releasing Party acknowledges that animals (including, without limitation, horses), by their
very nature are unpredictable and subject to animal whim. The Releasing Party assumes all risks in connection with the applicable Releasing Party Activities and expressly waives any claims for any injury or loss arising from such Releasing Party Activities. The Releasing Party agrees to abide by and follow rules and regulations applicable to the use of the Property and the related Releasing Party Activities (as promulgated and revised, from time to time, by Horsemanship, Pastures and Selene) which shall be posted or made available to the Releasing Party, from time to time. The Releasing Party further acknowledges that the behavior of any animal is contingent to some extent upon the ability of the Releasing Party. The Releasing Party expressly agrees to provide Horsemanship, Pastures and Selene full and fair disclosure of the Releasing Party’s abilities with respect to the Releasing Party Activities; provided, however, such disclosure shall not, in any way, mitigate, reduce or eliminate, the effectiveness of this Release.
The Releasing Party is aware and understands the danger of the Releasing Party Activities and the potential risks of serious injury or death. The Releasing Party acknowledges that the Releasing Party Activities are being engaged in voluntarily with full knowledge of the danger involved and hereby agrees to accept and assume any and all risks of injury, death or property damage, whether caused by the negligence of Horsemanship, Pastures, Selene or otherwise.
3. Waiver, Release and Covenant Not to Sue. The Releasing Party expressly waives and
releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Horsemanship, Pastures, Selene and their respective members, managers, officers, employees, agents, affiliates, successors and assigns (collectively, the “Releasees”) on account of injury, death or property damage arising out of or attributable to the Releasing Party Activities, whether arising out of the negligence of Horsemanship, Pastures, Selene or any Releasees or otherwise. The Releasing Party will not make or bring any such claim against Horsemanship, Pastures, Selene or any other Releasees, and forever releases and discharges Horsemanship, Pastures, Selene and all other Releasees from liability under such claims.
4. Indemnification. The Releasing Party agrees to defend, indemnify and hold harmless
Horsemanship, Selene and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs of enforcing any right to indemnification under this Release and the cost of pursuing any insurance proceeds from any insurance carrier, arising out of or resulting from any claim of a third party related to the Releasing Party Activities or due to the Releasing Party’s breach of this Release.
5. Representations and Warranties. The Releasing Party represents and warrants to
Horsemanship and to Selene the following: (a) the Releasing Party has disclosed to
Horsemanship and Selene any concerns or inadequacies as they relate to either providing services to Horsemanship, Pastures or Selene, participating in animal or other activities or being on the Property; (b) the Releasing Party warrants that any animal brought to the Property shall be free from infection, contagious or transmittable diseases and the Releasing Party acknowledges that Horsemanship,or Selene reserves the right to refuse access or use of any animal upon the Property that does not appear to Horsemanship or Selene to be in good health or is otherwise deemed dangerous or undesirable, as determined in the sole discretion of Horsemanship or Selene; (c) the Releasing Party has the authority to execute this Release on its own behalf and on behalf of all affiliates, related parties, family members, guests, invitees, employees, agents and representatives of the Releasing Party and (d) in the event the Releasing Party to be engaging in the Releasing Party Activities is a minor, the party signing this Release on behalf of such minor, is the minor’s parent or legal guardian with the authority to sign on behalf of the minor Releasing Party.
6. Miscellaneous. This Release constitutes the sole and entire agreement of Horsemanship, Selene and the Releasing Party with respect to the subject matter contained herein and
supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall insure to the benefit of Horsemanship, Selene and the Releasing Party and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action under this Release may be brought only in the federal and
state courts located in Forsyth County, North Carolina and the parties hereto consent to the exclusive jurisdiction of such courts.
BY SIGNING, THE RELEASING PARTY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS ALL OF THE TERMS OF THIS RELEASE AND THAT THE RELEASING PARTY IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HORSEMANSHIP OR SELENE.