NEDA Release & Indemnity Agreement

NEW ENGLAND DRESSAGE ASSOCIATION
RELEASE AND INDEMNITY AGREEMENT

(Read Agreement and then submit online signature(s) in the form at the bottom of the page)

Click here for printable version

I have knowingly, willingly, and voluntarily decided to Participate in an Event associated with The New England Dressage Association, Inc. (“NEDA”). I am fully aware and acknowledge that equestrian sports and events involve Risks. I understand that anyone riding, driving, handling, working with, or even near a horse at any location can suffer bodily and other injuries. I also understand that riding, driving, handling, working with, or even being near a horse or at an event can expose me to numerous hazards, which could include, for example, dangers or conditions which are an integral part of equine and activities, including but not limited to: the propensity of horses to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of a horse’s reaction to such things as sounds, weather changes, sudden movement, and unfamiliar objects, persons, or other animals; the possibility that tents or other equipment may be torn loose by weather and cause damage to people, animals or property; certain hazards such as surface and subsurface conditions; collisions with other animals or objects; or the potential of another Participant to act in a manner that may contribute to injury to the Participant or others, such as failing to maintain control over an animal or not acting within his or her ability.

I understand that Risks may be caused in whole or in part or result directly or indirectly from my own actions, inactions, or omissions (negligent or otherwise), or the actions, inactions or omissions (negligent or otherwise), of other Participants or one or more of the Released Parties. I hereby voluntarily and knowingly assume all such Risks and responsibility for any and all Damages that I incur, or that my family members, my horse, my equipment, my personal property, my employees or my contractors incur, as a result of my Participation in an Event associated with NEDA, even if any such Damages result, directly or indirectly, from the negligence of other Participants or Released Parties. I also agree to be responsible for any and all Damages caused by me, my family members, my horse, my equipment, my personal property, my employees or my contractors at any Event. I understand that I should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective headgear that is designed to use when riding, driving, handling, or near equines. I am NOT relying on NEDA to provide a helmet for me, to check any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time.

I do hereby, on behalf of myself and on behalf of my spouse, parents, children, legal wards, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, release, forever discharge, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the Released Parties from and against any and all Damages which may be suffered or sustained by me, my family members, my horse, my equipment, my personal property, my employees or my contractors at any Event associated with NEDA, and for any and all Damages caused by me, my family members, my horse, my equipment, my personal property, my employees or my contractors at any Event associated with NEDA to any other person or any other person’s horse, equipment or personal property, even if any such Damages result, directly or indirectly, from the negligence of other Participants or Released Parties. Any and all such Damages are hereby waived, and I covenant, on behalf of myself and my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, not to sue therefore.

“Damages” means any and all liabilities, claims, demands, causes of action, injuries, damages, losses, accidents or expenses (including costs and attorney fees) of any and every kind, nature or character (whether for money damages or otherwise), which may arise out of, result from, or relate in any way to Participation in an Event, including, but not limited to, any Damages caused in whole or in part by own actions, inactions or omissions (negligent or otherwise), or the actions, inactions or omissions (negligent or otherwise), of other Participants or Released Parties.

“Event” means any clinic, practice, show, competition, event, or other activity, including all related and incidental activities thereto, and travel to and therefrom.

“Participate” means to attend an Event, in whatever capacity, including, but not limited to, as a rider, driver, owner, handler, vaulter, longeur, groom, lessee, lessor, agent, athlete, coach, trainer, volunteer, judge, official, clinician, instructor, event staff, auditor, attendee, spectator, student, personnel, or service provider. Any person who Participates in an Event, in whatever capacity, is a “Participant”.

“Released Parties” means NEDA; any promoters, sponsors or advertisers of or at any Event; managers of any Event; any charity or other beneficiary which may benefit from any Event; the Event licensee(s); any Participants at the Event; the owners, managers or lessors of any facilities or premises where any Event may be held or any horses stabled; any Event committees; any paid or volunteer service providers (including, but not limited to, food service providers); and all directors, officers, employees, members, agents, contractors and volunteers of or for any of the aforementioned parties, and all of their respective successors and assigns.

“Risks” means, among other things, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to animals or personal property (including horses and equipment); exposure to extreme conditions and circumstances; accidents involving other Participants; contact or collision with other Participants, horses, equipment, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; Participants of varying skill levels; situations beyond the immediate control of the organizers and managers of the Event; and other undefined, not readily foreseeable or presently known Risks and dangers. I understand that these are just some of the Risks, and I agree to assume others that are not mentioned in this Agreement. I am NOT relying on NEDA to list all possible equine-related Risks in this Agreement or any time, now or in the future.

I also agree that as a condition of my Participation, NEDA may use or assign photographs, videos, reels, audios, cablecasts, broadcasts, internet, film, new media or other name, image or likenesses of me and my horse taken during the course of the Event for the promotion, coverage or benefit of NEDA, the Event or future Events associated with NEDA. Those likenesses shall not be used to advertise a product. I hereby expressly and irrevocably waive and release any rights in connection with such use, including any claim to compensation, invasion of privacy, right of publicity, or to misappropriation.

I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM DAMAGES, AS WELL AS HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS. I UNDERSTAND THAT UNDER MASSACHUSETTS LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO SECTION 2D OF CHAPTER 128 OF THE GENERAL LAWS.

I (as the Participant or as the Parent/Legal Guardian of the minor Participant identified below) hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the minor’s) Participation in the Event. If, despite this Agreement, I, or anyone on my behalf or the minor’s behalf, makes a claim for Damages against any of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Damages. Massachusetts law applies to this Agreement, and I agree that this Agreement shall be enforced to the greatest extent permitted by law. If any clause conflicts with applicable law, only that clause will be null and void, but the remainder shall stay in full force and effect. The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.














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