Up and Over Farm

Release of Liability, Waiver or Rights, Assumption of Risk

 

 

             Under South Carolina Law, and equine activity sponsor or equine professional is not liable for an injury to, or the death of a participant in equine activities resulting exclusively from the inherent risk of equine activities.  As a guest of Up and over Farm, I hereby knowingly execute this waiver of the right to sue and hereby agree to assume all risks associated with participation in any horse activity sponsored by the above named Farm, or in riding, driving, equine farm work or  handling an equine on the premises as a guest  or employee.  I agree that any participation in riding, driving, handling or being in the presence of a horse involves certain inherent risks, which include, but are not limited to, the following:

             1.) Areas can have many natural and manmade hazards which Up and Over Farm cannot anticipate, identify, modify, or eliminate these hazardous surface/subsurface conditions including such things as rocks, trees, puddles, streams, fences, jumps and/or other hard object and/or holes, divots, ledges which could cause an equine to trip and/or fall and/or could strike a participant who falls from, is thrown from, or pushed by an equine.

             2.) That horses can behave in unpredictable ways, which can result in accidents to anyone at any time, resulting in injury, severe injury, or death.

             3.) That an equine’s reaction to sound, movements, objects, vehicles, persons, animals, scents or insects cannot be predicted.

 

             I agree to take full responsibility for myself, the animals I am in contact with on the ground, or while riding, driving. or working around.  I agree that I have the skill and health necessary to participate in equine handling, equine riding, equine driving, or equine related farm work. I will hold harmless Up and Over Farm, its employees, and all property owners over whose land I ride, drive, or work, their representatives, successors and assigns, for any accident injury, loss that might occur due to my participation in any equine activity while on Up and Over Farm premises, and free from all liability for such injury or loss, including that due to negligence not caused by wanton or willful misconduct of Up and Over Farm.  This release extends to all claims of every kind and nature whatsoever, whether known or unknown, and I expressly waive any benefits that I may otherwise have under provisions of the Law of South Carolina relating to the release of unknown claims.  I understand that this release constitutes a limitation of my legal rights.  This Waiver of Rights and Assumption of Risk supersedes all prior agreements and understanding and may not be changed or terminated orally, and no change or attempted waiver of any or the provisions hereof shall be binding unless in writing.  The undersigned verifies acceptance of risks and responsibilities for rider’s, driver’s, handler’s and horse’s conditions and certifies that all information on the form is correct.

 

THIS AGREEMENT IS BINDING UPON MYSELF, MY SPOUSE, LEGAL REPRESENTATIVES, HEIRS, EXECUTORS AND ASSIGNS.

 

 

WARNING: Under South Carolina Law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina, 1976.

 

I HAVE READ THE ABOVE, UNDERSTAND IT AND AGREE TO ABIDE BY THIS.

 

(Please print)

 Date of signing: _____________      

 

Name of Guest, Student or employee:___________________________________ Age at signing: _________

 

Address ________________________________________________________________________

 

________________________________________________________________________

 

Home Phone______________________     Cell ________________________________

 

Email address: ___________________________________________________________

 

 

Signature of Guest, student or employee, (If under 18, Parent or Guardian must sign signatures)

 

________________________________________________________________________

(PRINT NAME)                                                              (SIGNATURE)

 

 

If under 18, Parent or Guardian must sign here. 

 

________________________________________________________________________

(PRINT Parent  NAME)                                                             ( Parent SIGNATURE)