Participant Forms

Assumption of Inherent Risks

I understand and assume the inherent risks involved in equine activities, which risks include, but are not limited to, bodily injury, physical harm and even death to horses, riders, and spectators from using, riding or being in close proximity to horses may occur in normal use. I acknowledge that the behavior of any animal is contingent to some extent upon the ability of the handler or rider. Further, I understand that equine activities, including, but not limited to:

• the propensity of any equine to behave in ways that may result in injury, harm, or death to persons on or around them and/or damage to property in their vicinity;
• movements and unfamiliar objects, persons or other animals;
• certain hazards such as surface and subsurface objects;
• collisions with other equines, animals, people and objects (fixed or otherwise);
• limited availability of emergency medical care; and
• the potential of a participant or spectator to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or to act within his/her ability.

Waiver of Liability

For the privilege of observing, riding and/or working around equines with Westbrook Farm, LLC and/or at the facilities of Westbrook Farm, LLC (WFLLC/WHFP) today and on all future dates, I, on behalf of myself, my family members, my heirs, personal representatives, or assigns, do hereby agree to release, waive, and discharge WFLLC, WHFP and its members, managers, employees, instructors, volunteers, and agents from any liability or responsibility for accident, damage, injury, or illness to myself or any horse owned by me or any horse not owned by me but used by me, or to any family member or spectator accompanying me while on the premises of WFLLC or WHFP resulting from the inherent risks of equine activities or from the ordinary negligence (active or passive) of WFLLC.

AND that except in the event of WFLLC or its instructors gross and willful negligence, I agree not to bring any claims, demands, actions and causes of action, and/or litigation, against WFLLC or its instructors for any economic and non-economic losses due to bodily injury, death, and/or property damage sustained by me in relation to the premises and operations of WFLLC or WHFP, including while riding, handling, or otherwise being near horses owned by or in the care, custody and control of WFLLC.

Indemnification

I also agree to hold harmless, defend, and indemnify WFLLC, WHFP and Brian C. Westbrook (including, but not limited to, costs associated with defending a suit, judgment, courts costs, investigation costs, and reasonable attorney fees) from any and all claims of mine, my family members, my guests, or others arising from my injury or loss due to my participation as a rider, handler, or spectator.

I further agree to hold harmless, defend, and indemnify WFLLC, WHFP and Brian C. Westbrook against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation as a rider, handler, or spectator.

Acknowledgements, Assertions, and Agreements

I warrant that a full and fair disclosure of my equestrian handling and riding abilities have been made to WFLLC, its instructors, managers, employees, members, and agents. Further:

Health Status — I assert that I:

• Have fully disclosed to WFLLC and its instructors any chronic conditions that could impair my ability to participate as a rider, handler, or spectator (if applicable).
• Do not have any undisclosed chronic physical or mental conditions that would contra-indicate participation in equine activities.
• Possess sufficient physical fitness and skill to enable safe participation with, on, and around equines.

Emergency Care — I authorize or agree that WFLLC:

• May administer emergency first aid, and CPR when deemed necessary by WFLLC or a trained medical professional.
• May secure emergency medical care or transportation (i.e., EMS) when deemed necessary by WFLLC.
• May share my medical history with emergency medical personnel when deemed necessary by WFLLC.
• And I shall assume all costs of emergency medical care and transportation provided on my behalf.

Rules & Safety Equipment — I agree:

• To abide by the rules and regulations established by WFLLC.
• To wear an ASTM/SEI approved riding helmet at all times while mounted on the horse and warrant I understand the risk and danger of riding without a helmet if I voluntarily choose not to wear protective headgear. Riders under 18 years of age are required to wear protective headgear and may not voluntarily chose not to wear a riding helmet.
• To wear appropriate footwear at all times while on the premises of WFLLC.
• To inform WFLLC immediately if I become aware of rider conduct or equipment condition that presents a danger to myself or others.
• That WFLLC and its instructors will conduct all activities in good faith and may find it necessary to terminate my participation if it is determined that I am incapable of safely meeting the rigors of the activity. I accept WFLLC's right to take such actions for the safety of myself, other riders, and/or the horses.

Covenant not to Sue; Mediation; Venue; and Severability Clauses

I covenant not to sue WFLLC or its instructors, managers, employees, members, and agents for any present or future claim arising directly or indirectly from my participation with equines at WFLLC or WHFP. This includes claims resulting from the inherent risks of equine activities and the active or passive negligence of WFLLC.

This Agreement shall be construed and interpreted in accordance with the laws of the State of Maryland. Any action brought under this Agreement shall be brought within one (1) year of the incident or dispute giving rise to said claim. I further agree that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in equines and equine activities from a list acceptable to WFLLC. Costs of mediation shall be shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees. All mediation and legal actions shall be conducted in County, Maryland.

I also expressly agree that this Participant Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Maryland and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

Acknowledgement of Understanding

I understand this is a legal document and that I am signing this agreement freely and voluntarily. I understand I have the choice not to participate as a rider, handler, participant, or spectator in any clinic, training, or special event provided by or at the facilities of WFLLC, and, therefore, not sign this Agreement.

I have read this 2-page Participation Agreement and fully understand its terms, particularly the assumption of risk. I understand that I am giving up substantial rights, including my right to sue WFLLC, WHFP, or, WFLCC clinicians, instructors, managers, employees, volunteers, members, and agents for injuries or death resulting from the inherent risks of equine activities or the active or passive negligence of WFLLC. I further acknowledge that I intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by WFLLC, to the greatest extent allowed by the laws of Maryland.

* If participant is a minor (less than 18 years of age) the parental or guardian signature indicates full understanding of the above terms.