Liberty Hall Plantation
18255 Plantation Loop, Rixeyville, VA 22737
Info@LibertyHallVA.com 540.717.7758
EQUINE ACTIVITY LIABILITY RELEASE, WAIVER OF RIGHT TO SUE
AND ASSUMPTION OF ALL RISKS
This Equine Activity Liability Release, Waiver of Right to Sue and Assumption of all Risks Agreement ("this
Agreement") is hereby given by the undersigned to Liberty Hall Plantation LLC, as an equine activity
sponsor and/or an equine activity professional (the "sponsor/professional") and Daniel & Sarah Coleman
as an owner of land upon which an equine activity to which the Agreement relates is conducted, as well as
each partner, officer, agent, employee, director, shareholder, member heir, personal representative,
successor and assign of the sponsor/professional and of each owner.
In consideration for the opportunities provided by the sponsor/professional and each owner to the
undersigned "participant" (including any minor participants for whom he signs this Agreement) for the
enjoyment of equine activities as a participant, the undersigned "participant" (including any minor participant
for whom he/she signs this Agreement) hereby agrees as follows:
1. This Agreement is given under the Virginia Equine Activity Liability Act (Code of Virginia 3.1-796.130
et seq.) as it may now provide or be hereafter amended (the "Act"). All terms defined by the Act shall
have the same meaning herein, and the Act is hereby incorporated in this Agreement by reference.
This Agreement shall be so construed as to provide to the sponsor/professional and/or owner the fullest
protection of a release, waiver of right to sue and assumption of all risks which is afforded to the
sponsor/professional and owner by the Act.
2. All pronouns shall be construed to include the masculine, feminine or neuter as well as the plural or
singular, as may be appropriate to facilitate the construction of this Agreement in the light of the facts
presented.
3. The participant hereby acknowledges that he/she has full and complete notice and understanding of
the Act and of all the risks inherent in equine activities which may cause, contribute to or result in the
death or personal injury of the participant or damage to the participant's property (the "Risks"), including,
but not limited to: (i) the propensity of an equine to behave in dangerous ways or to trip and/or fall; (ii)
the ability of anyone whomsoever to predict or foresee an equine's reaction to excitement, weather
conditions, sound, movements, objects, persons, animals, reptiles, birds or insects, and the effects of
such reactions; (iii) the hazards of surface or subsurface conditions, including but not limited to objects
or conditions on, under or protruding from the surface, both latent and patent; (iv) the hazards which
rocks, cliffs, hills, fences, trees, stumps, logs, bridges, ditches and other debris and obstacles, and any
equine activity in connection therewith, may foreseeably or unforesee-ably present; (v) the dangers and
risks of tack or harness slipping or breaking for whatever reason; (vi) the dangers and risks of becoming
entangled in tack, harness, or vehicles used in an equine activity, (vii) the risks of falling from or
otherwise becoming unstable on an equine or a vehicle used in an equine activity for any reason
whatsoever or for no identifiable reason and (viii) any negligent act or omission by the
sponsor/professional or any owner which causes or results in the death or personal injury of the
participant or damage to the participant's property (ix) and any dangers involved in catching, leading,
or taking care of the horse.
4. The participant hereby RELEASES and WAIVES all rights which he/she may have or hereafter have
against the sponsor/professional and each owner for death, personal injury or property damage which
is in any way associated with the Risks; he/she does hereby WAIVE his/her right to sue or to bring any
action against the sponsor/professional or any owner in connection therewith; he/she agrees to
INDEMNIFY and DEFEND the sponsor/professional and each owner from and to HOLD the
sponsor/professional and each owner HARMLESS against any such suit or action, and he/she hereby
expressly ASSUMES ALL RISKS AND DANGERS of death, personal injury and property damage
which are in any way associated with the Risks enumerated in paragraph 3, above.
5. The participant hereby authorizes and consents to any emergency medical care which may at the time
appear reasonably appropriate under the circumstances as a result of injury or sickness caused by or
incurred in the course of an equine activity.
6. The Agreement shall remain valid and in full force and effect from and after the date opposite the
signature of the participant until expressly revoked by the participant in a written notice personally
delivered to the sponsor/professional and/or owner.
7. To the extent possible, this Agreement shall be construed in such manner as will render it, and each
provision of it, fully enforceable; but if any provision of this Agreement shall be unenforceable, such
provision (or so much thereof as is unenforceable) shall be deleted and the remainder of this Agreement
shall continue in full force and effect.
8. If this Agreement is executed by the undersigned participant for and on behalf of a minor participant
named below, the undersigned participant hereby warrants and represents that he/she is in fact the
legal parent or guardian of such minor, with full rights of custody and control; that this Agreement is
given on behalf of and is intended to be binding upon said minor participant, his heirs, personal
representatives, successors and assigns; and the undersigned participant further agrees that this
Agreement shall also be as fully binding on the undersigned participant as if it were entered into solely
on his own behalf.
9. This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of
the participants.
10. I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING EQUINE LIABILITY RELEASE
WAIVER OF RIGHT TO SUE AND ASSUMPTION OF ALL RISKS. I HAVE CONSULTED AND RELIED
UPON MY OWN ADVISORS ON ALL QUESTIONS IN CONNECTION THEREWITH, AND I HAVE
NOT RELIED UPON THE SPONSOR/PROFESSIONAL OR ANY OWNER FOR ANY ADVICE OR
EXPLANATION IN CONNECTION THEREWITH.
BY SIGNING THIS WAIVER AND RELEASE I UNDERSTAND THAT I AM GIVING UP, WAIVING AND
RELEASING ANY RIGHT THAT I MAY HAVE TO SUE OR MAKE A CLAIM WHICH I MIGHT HAVE OR
WHICH MIGHT SUBSEQUENTLY ARISE OR OCCUR AGAINST THE SPONSOR/PROFESSIONAL AND
OWNER FOR ANY INJURIES I MIGHT SUSTAIN WHILE HORSEBACK RIDING OR PARTICIPATING IN
AN EQUINE ACTIVITY, AND THAT I AM INDEMNIFYING AND HOLDING HARMLESS THE
SPONSOR/PROFESSIONAL AND OWNER FOR INJURING ANYONE ELSE OR ANY HORSE RIDDEN
BY ANOTHER WHILE SO ENGAGED, IT IS MY INTENT TO GIVE UP THOSE RIGHTS AND PROVIDE
THE HOLD HARMLESS AGREEMENT, AND I DO SO KNOWINGLY AND VOLUNTARILY.
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