RELEASE OF LIABILITY

HORSE RIDING INSTRUCTIONS/LESSONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read and be certain you understand the implications of signing

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Horse and/or Pony Riding, Instructions/Lessons, transportation of equipment related to the activities, and traveling to and from activity sites of which I am about to engage in. Inherent hazards and risks* include, but are not limited to:

Risk of injury from the activity and equipment utilized in Horse Riding is significant, including the potential for permanent disability and/or death.
Possible equipment failure and/or malfunction of my own or others' equipment.
My own negligence and/or the negligence of all others, including employees, agents, independent contractors or representatives of the Top Priority Horses, LLC including, but not limited to, operator error.
The propensity of an equine (horse or pony) to behave in dangerous ways that may result in injury to the participant regardless of the equine's previous training and past performance.
The inability to predict an equine's (horse or pony's) reaction to sound, movements, unfamiliar environment, objects, persons, or animals.
Natural hazards including, but not limited to, surface or subsurface conditions.
Propensity for an equine (horse or pony) to run, buck, bite, kick, shy, stumble, rear, trample, scratch, peck, fall, make unpredictable movements, spook, down, jump, butt, step on a person's feet, push or shove without warning or apparent cause.
Saddles, girths or bridles may loosen or break which may cause the participant to be jolted or fall.
The domesticated animal may also react in a dangerous manner when a condition or treatment is considered hazardous to the welfare of the animal.
The potential for a participant to fail to exercise reasonable care, take adequate precautions, or use adequate control when engaging in a domesticated animal activity, including failing to maintain reasonable control of the animal or failing to act in a manner consistent with the person's abilities.
Collisions with trees, brush and other animals or objects.
Broken bones, severe injuries to the head, neck, and back which may result in severe impairment or even death.
Cold weather and heat related injuries and illness including, but not limited to, frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
Exposure to outdoor elements, including, but not limited to, avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature and all other weather conditions.
Attack by, or encounter with, insects, reptiles, and/or animals, including alligators.
Accidents or illness occurring in remote places where there are no available medical facilities.
Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
My sense of balance, physical coordination, and ability to follow instructions.

I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

WARNING: UNDER SOUTH CAROLINA LAW, AN EQUINE ACTIVITY SPONSOR OR EQU INE PROFESSIONAL IS NOT LIABLE FOR AN INJURY OR DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES, PURSUANT TO ARTICLE 7, CHAPTER 9 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976.

Top Priority Horses, LLC reserves the right to use any photograph/video taken at any event within or without the property without the expressed written permission of those included within the photograph/video, and may use the photograph/video in publications or other media material produced, used or contracted by Top Priority Horses, LLC including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact the Top Priority Horses, LLC in writing of his/her intentions and include a photograph. The Top Priority Horses, LLC will use the photo for identification purposes and will hold it in confidence.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in any way in Horse or Pony Riding and related activities, I hereby agree, acknowledge and appreciate that:

I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, their directors, officers, agents, employees, and volunteers herein referred to as "Releasees:" Top Priority Horses, LLC.
To release the releasees, their officers, directors, employees, representatives, agents, volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
By entering into this agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is outlined in this agreement.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT

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Please check this box if the participant is under the age of 18.

FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian, and Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.