• RELEASE OF LIABILITY

  • This RELEASE OF LIABILITY is made and entered into on the
  • day of
  • by and between Riding With Rhythm, LLC and Shirley J. Dubay, hereinafter designated "Owner," and
  • hereinafter designated as "Rider/Participant;" and, if Rider is a minor or otherwise under the care of a guardian, Rider's parent or guardian
  • for and on behalf of Rider. All references below to "Rider" are known and acknowledged to include Rider's parent or guardian.
  • For and in consideration of the use, today and on all future dates, of the property located at 59 E. Fairview Road, Williamstown, Kentucky 41097, and the facilities and services of Owner, the Rider, his or her heirs, assigns, and legal representatives, hereby expressly agree to the following:
    1. It is understood and agreed that Owner and Riding With Rhythm, LLC are not responsible for carrying insurance of any type on the Rider, Rider's horse (if applicable), or Rider's personal property.
    2. Rider agrees to assume ANY AND ALL RISKS, KNOWN OR UNKNOWN, INVOLVED IN OR ARISING FROM RIDER'S USE OR PRESENCE UPON OWNER'S AND RIDING WITH RHYTHM, LLC'S PROPERTY AND FACILITIES, AND/OR INVOLVED IN OR ARISING FROM RIDER'S PARTICIPATION IN ANY ACTIVITIES ASSOCIATED WITH OR SPONSORED BY RIDING WITH RHYTHM, LLC, including the risk of death, bodily injury, property damage, or injury of any type.
    3. WARNING -- Kentucky Revised Statutes Section 247.4027:
      UNDER KENTUCKY LAW, A FARM ANIMAL ACTIVITY SPONSOR, FARM ANIMAL PROFESSIONAL, OR OTHER PERSON DOES NOT HAVE THE DUTY TO ELIMINATE ALL RISKS OF INJURY OF PARTICIPATION IN FARM ANIMAL ACTIVITIES. THERE ARE INHERENT RISKS OF INJURY THAT YOU VOLUNTARILY ACCEPT IF YOU PARTICIPATE IN FARM ANIMAL ACTIVITIES.

      These inherent risks include, but are not limited to, normal farm animal behaviors like running; kicking; bucking; biting; shying; stumbling; rearing; falling; stepping on things, colliding with other animals or objects; reacting unpredictably to sounds, sudden movement, and unfamiliar objects, persons, or animals. Inherent risks of farm animal activities also arise from the condition or characteristics of certain roads, land, riding rings, trails, barns, and stables on or in the vicinity of the premises owned by Riding With Rhythm, LLC and/or Owner.

    4. Rider agrees to release and hold harmless Riding With Rhythm, LLC and Owner, their agents, employees, volunteers, officers, board members, and contractors on account of or in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of Rider's use of or presence upon Riding With Rhythm, LLC's or Owner's property or Rider's participation in any activities associated with or sponsored by Riding With Rhythm, LLC, including where said claims, cause of actions, injuries, damages, costs, or expenses are the direct and proximate result of the negligence or gross negligence of Owner, Riding With Rhythm, LLC, or any agent, employee, volunteer, or contractor thereof.
    5. Rider understand that the activities conducted at Riding With Rhythm, LLC can be physically strenuous and require balance, coordination, and physical fitness. Rider understands there are risks associated with his/her participation in these physically strenuous activities, including but not limited to, abnormal blood pressure and heart rate, physical injury, fainting, falling, and heart attack. Rider acknowledges that it is Rider's responsibility to consult his/her physician and/or obtain a medical examination prior to participating in any activities hosted or sponsored by Riding With Rhythm, LLC and/or Owner. Neither Riding With Rhythm, LLC nor Owner may be held liable for any harm to Rider arising from the failure of Rider and/or Rider's parent or guardian to consult a physician or obtain a medical examination under this provision.
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