McCarthy Farm Release Form
RELEASE, WAIVER, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
The undersigned
Client/Participant/Spectator/Visitor/Guest (collectively “Client”), on his/her
own behalf and as the Parent(s)/Legal Guardian(s) of a minor Client, for good
and valuable consideration, agrees to the following terms and conditions of
this Release, Waiver, Hold Harmless, and Indemnification Agreement
(“Agreement”):
1. Assumption of
Risk and Waiver: Client understands
and accepts the risks of engaging in equine activities and merely being near a
horse, mule, or pony (collectively “equine”), including: (i) The
propensity of an equine to behave in ways that may result in injury, harm, or
death to persons on or around them; (for example, jump, run,
kick, buck, bolt, spin, rear up, strike, or bite); (ii) The
unpredictability of an equine's reaction to sounds, sudden movement, and
unfamiliar objects, persons, other animals, or other things (for example, kick, buck, bolt, spin, rear up, strike, or bite); (iii) Certain
hazards such as surface and subsurface conditions; (iv) collisions with other
equines or objects; (v) The potential of a participant to act in a negligent
manner that may contribute to injury to the participant or others, such as
failing to maintain control over the animal or not acting within his or her
ability.
Client understands the resulting injuries, death, and property damage
that may result from the accepted risks of engaging in equine activities or
just being near an equine, that equines are powerful and have the potential to
be dangerous, even without warning, and that the risks listed in this Agreement
are just a sampling and Client is not relying on Released Parties (as defined
below) to list all possible equine-related risks. Client therefore agrees, on his/her own
behalf and on behalf of his/her minor Client, that he/she understands the risks
and dangers inherent in equine activities and agree to assume them on his/her
own behalf and on behalf of minor Client, to at all times to be responsible for
his/her personal safety, remain financially responsible for his/her medical
expenses, and waives his/her right to any claims arising from his/her
participation in or observation of any equine activities, being near an equine,
or mere presence on the property of McCarthy Farm, Inc. and/or A.M.T. Land, LLC
(collectively "Facility").
2. Release, Hold Harmless,
Indemnification: Client agrees to
release and hold Facility’s owners, managers, officers, directors, members,
partners, subsidiaries, affiliates, agents, attorneys, assistants,
representatives, assigns, volunteers, employees, independent contractors,
trainers, and others acting on their behalf, as well as Edward C. McCarthy and
Karen L. McCarthy and their respective heirs, relatives, agents, attorneys,
assigns, and others acting on their behalf (collectively “Released Parties”), harmless
for any illness, injury, death, damage, or other loss incurred by Client unless
caused by Released Parties’ gross negligence or wanton and willful
misconduct. Client agrees to indemnify
Released Parties against injuries and damages sustained or suffered by any
third party, whether caused by Client directly or indirectly, and which
includes reimbursement of Released Parties’ attorneys’ fees.
3. Governing Law and Time
Limitation: This Agreement shall be
construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation
and enforcement of this Agreement shall be resolved exclusively by the federal
or state court in Kane County,
Illinois. The parties hereto
hereby submit to the jurisdiction and venue of the Court for such purpose. Client agrees that any and all claims and/or
causes of action, for injury, death, property damage, or other claims or losses
by Client, on his/her own behalf and/or on behalf of a minor Client, against
the Released Parties, must be brought within one (1) year of the date of the
occurrence giving rise to such claim or loss.
4. Attorneys' Fees: Client agrees to reimburse Facility for any
and all attorneys' fees and costs incurred by Facility in enforcing the terms
of this Agreement and/or in defending or prosecuting any claims or causes of
action involving, or in any way relating to, Client.
5. Client Certification: Client certifies that he/she has read this
entire Agreement and understands, agrees, and intends on his/her own behalf,
and on behalf of his/her minor Client, spouse, heirs, agents, representatives,
relatives, successors, and assigns, to be bound by all of the terms and
conditions contained herein.
WARNING UNDER THE EQUINE ACTIVITY
LIABILITY ACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY
ASSUMES THE RISKS OF ENGAGING IN AND LEGAL RESPONSIBILITY FOR INJURY, LOSS, OR
DAMAGE TO PERSON OR PROPERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES