I.V.B.H. L.L.C. and or Sleepy Hollow Stables
7462 N. McKinley Rd. Flushing, MI 48433 (810)-674-0029
WAIVER, AGREEMENT AND LIABILITY RELEASE
READ CAREFULLY BEFORE SIGNING
As the signer of this document, I agree to these terms of property use on 7462 N Mckinley Rd. Flushing Mi 48433, and I.V.B.H. L.L.C., a Michigan limited liability company (hereafter referred to as “Stable") as a condition for its allowing me and the persons identified below (if any), to do any or all of the following at any time and at any location: enter the Stable’s premises, facilities, barns, arenas, and surrounding land; be near horses or ponies regardless of who owns them (these animals will hereafter be referred to as “equines”), work with equines, handle equines, ride equines; receive instruction or guidance at any location related to riding, handling, competing with, or working with equines (from Stable or from independent equine professionals who may work on or off of the Stable’s property); and/or attend or participate in clinics, demonstrations, or shows on or off of the Stable’s property. Volunteers, workers, spectators, visitors subcontractors, organizers, and representatives on the 62 acre property, buildings, trails, woods and pastures are all included under this waiver, agreement and liability release. All of these activities described above, individually and collectively, will to hereafter be referred to as “The Activities.”
To the fullest extent allowed by law, I also make this agreement on behalf of the following persons who is/are my child/ren or legal ward(s):
All parts of this agreement shall apply to me, and the children/legal wards listed above. [We will collectively call ourselves "I," "me," or "my" throughout this agreement.] This Waiver, Agreement and Liability Release is intended to be valid and binding at all times, now and in the future, when Stable permits me (directly or indirectly) to engage in any or all of The Activities at any time and at any location.
IT IS HEREBY AGREED AS FOLLOWS:
1. I have requested to engage in any or all of The Activities, now and/or in the future.
2. Risks. I understand that anyone who is riding, handling, working with, competing with, or even near an equine can suffer bodily and other injuries. Among other things, equines are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways, back up quickly, or run away from real or perceived danger by trotting or galloping. Equines also have the ability to kick, buck, rear up, spin around, strike, or bite. I know that equines can do these and other things without warning. I also understand that all equines, even if they have no history of inflicting injury, are powerful and have the potential to be dangerous to people, equines, and other animals that are around them.
Further, I understand that riding, handling, working with, competing with, or even being near an equine can expose me to numerous hazards, which could include, for example: the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of an equine’s reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals; certain hazards such as surface or subsurface conditions on the land where The Activities take place; and/or collisions with other equines, animals, or objects. I understand these risks and dangers that are inherent in equine-related activities, and I agree to assume all of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am NOT relying on Stable to list all possible equine-related risks in this document or any time, now or in the future.
3. WAIVER AND LIABILITY RELEASE: As consideration for being allowed to engage in any or all of The Activities, now and in the future and at any location, I (on behalf of myself and my spouse, parents, heirs, representatives, assigns, minor children or legal wards, if any) agree to each of the following: (a) Alberto Dimatteo, and or I.V.B.H. L.L.C. , or any entities or individuals vested or holding ownership of the property 7462 N Mckinley Flushing Mi 48433, and their respective members, managers, employees, agents, heirs, family members, assigns, affiliated persons, and others acting on their behalf (hereafter referred to as “The Released Parties”) shall not be liable for any damages that I (and/or my minor child/ren or legal wards, if any) may sustain as a result of engaging in any of The Activities at any time and at any location; and (b) I/we fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (present or future) against The Released Parties whether the claims are known, unknown, anticipated or unanticipated, and whether caused by their ordinary negligence or other legal liability, resulting from or arising out of my/our engaging in The Activities at any time and at any location. The term “damages” means, for example, medical expenses any and all claims or losses because of bodily injuries, mental/emotional injuries, or property damages, death, and/or personal property damages. This Waiver, Agreement, and Liability Release is intended to apply and be binding whether or not I/we are riding handling, competing with, or near equines or simply on the 62 acre property. In accordance with Michigan law, however, we are not releasing The Released Parties from loss, injury, or damage that is directly caused by Stable’s gross negligence or willful and wanton misconduct.
Under the Michigan Equine Activity Liability Act [1994 P.A. 351], an 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 the equine activity.
IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE WAIVER, AGREEMENT AND LIABILITY RELEASE IN THIS DOCUMENT IS A WAIVER OF LIABILITY BEYOND THE PROVISIONS OF THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, 1994 P.A. 351. BY SIGNING THIS WAIVER, AGREEMENT AND LIABILITY RELEASE, I AGREE NOT TO BRING ANY CLAIM OR SUIT AGAINST THE RELEASED PARTIES UNDER ANY EXCEPTION IN THAT LAW. IN PARTICULAR, I AGREE NOT TO BRING A CLAIM OR SUIT FOR: (1) FAULTY TACK OR EQUIPMENT; (2) FAILURE TO MAKE REASONABLE AND PRUDENT EFFORTS TO DETERMINE AN EQUINE ACTIVITY PARTICIPANT'S ABILITY TO SAFELY MANAGE AN EQUINE; (3) A DANGEROUS LATENT CONDITION OF ANY PART OF THE LAND; AND/OR (4) ANY ACT OR OMISSION THAT MAY CONSTITUTE ORDINARY NEGLIGENCE BY STABLE OR BY THOSE AFFILIATED WITH STABLE (EXCEPT IF THE LOSS, INJURY, OR DAMAGE IS DIRECTLY CAUSED BY STABLE’S GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT).
4. INDEMNIFICATION. To the fullest extent permitted by law, I also agree to indemnify and hold harmless The Released Parties against all claims, demands, or lawsuits that are brought against The Released Parties (or either of them) by any third person(s) [“third persons” are people who are not parties to this Agreement, including, but not limited to, other persons on or near the property where The Activities take place, my relatives, guests, etc.] or brought against any of the Released Parties by my minor child/children and which are in any way connected with my/our participation in any of the Activities at any time and at any location, including claims that allege acts or omissions of The Released Parties that are negligent or in violation of an Equine Activity Liability Act. This indemnification shall also include reimbursement of Stable’s reasonable attorney fees.
5. ASTM/SEI Headgear. I agree to be fully responsible for my own safety at all times. Stable has advised me that, for my own protection, I should purchase and wear properly fitted and secured ASTM-standard/SEIcertified protective equestrian headgear that is designed for use when riding or near equines. I am NOT relying on Stable to provide a helmet for me, to check any helmet or helmet strap I may wear, or to monitor my compliance with this suggestion at any time. If I choose to wear an equestrian helmet, or if I choose not to, this is my decision alone.
6. Emergencies. Person(s) to Contact in Case of Emergency:
7. Independent Equine Professionals. I am aware that equine professionals (such as trainers, clinicians, or instructors) may do business on the Stable’s property. However, I understand that they have independent businesses and have no employment, partnership, joint venture, principal-agent or other similar arrangement with Stable.
8. Physical or Mental Conditions/Special Needs. Many physical and mental conditions pose special risks to the participant while engaging in the Activities. Stable recommends that I consult with a physician before participating in The Activities, especially those that involve riding or handling equines. Also, I want Stable to be aware of the following physical and/or mental conditions or personal needs which may affect my safety and ability to engage in any of the activities.
9. This Waiver, Agreement and Liability Release is governed by Michigan law and is intended to be as broad and inclusive as Michigan law permits. This document can only be modified in writing and signed by me and IVBH L.L.C.. Should any part of this document conflict with Michigan law, only that part will be void but the remainder of this document shall stay in full force and effect at all times, now and in the future. Should I breach this Waiver, Agreement, and Liability Release (or any part of it), I agree to pay the attorney's fees and court costs related to such breach that are incurred by Stable and/or persons directly affiliated with Stable. I also agree to pay any attorney fees and costs to enforce this Agreement, and I agree to indemnify and hold harmless The Released Parties for such fees and costs. It is also mutually agreed that any disputes that may arise under this Waiver, Agreement and Liability Release, or any activities that are undertaken pursuant to this document, shall be litigated in a State or Federal Court of proper jurisdiction located in or nearest to Genesee County, Michigan.
10. ALSO, I REPRESENT (Initial each box below):
I AM AT OR OVER 18 YEARS OF AGE;
I AM OF SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS;
I HAVE READ THIS ENTIRE WAIVER, AGREEMENT AND LIABILITY RELEASE, AND I FULLY UNDERSTAND IT;
I INTEND FOR THIS WAIVER, AGREEMENT AND LIABILITY RELEASE TO BE VALID AND BINDING TODAY AND AT ALL TIMES IN THE FUTURE;
I AM THE PARENT/LEGALLY-APPOINTED GUARDIAN OF THE CHILD(REN) LISTED IN THIS DOCUMENT (WHERE APPLICABLE);
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY DAMAGED BY PARTICIPATION OF MYSELF AND/OR MY MINOR CHILD/REN IN ANY OF THE ACTIVITIES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO BRING A LAWSUIT AGAINST ANY OR ALL OF THE RELEASED PARTIES; AND
ALL OF THE INFORMATION THAT I HAVE PROVIDED IS TRUE AND ACCURATE
WAIVER, AGREEMENT AND LIABILITY RELEASE ACCEPTED BY IVBH L.L.C. or Sleepy Hollow Stables.