Application

Pride Rock Farm

Hendersonville, NC  28792

Anita Thomas
828-674-6987
www.priderockfarm.com

Total party cost will be calculated and an invoice will be mailed/emailed to you for payment.

Call (828-674-6987) or email (anitat11@bellsouth.net) if you have any questions.    Payments or deposits will be refunded or rescheduled due to bad weather the day of your event.  You need to contact us at least 3 hours prior to event time or the deposit will not be refunded. 

Liability Notice

Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or death of a participant in activities resulting exclusively from the inherent risks of equine activities.  Chapter 99E of the North Carolina General Statutes

Release of Liability Form

All participants must sign a release of liability waiver.

Pride Rock Farm

Agreement for Riding Instruction, 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 (“this agreement”) is hereby given by the undersigned to Pride Rock Farm, Randall Shane Thomas, Anita Thomas and any employees, an equine sponsor and/or equine activity professional (the “sponsor/professional”) and to the sponsor/professional as agent for and for the benefit of  owner of land upon which equine activity to which this Agreement relates is conducted (“owner”) and each partner, officer agent, employee, director, shareholder, subscriber, member , heir, personal representative, successor and assign of the (“sponsor/professional” or “owner” as their relationship may determine) provides as follows:

In consideration for the opportunities provided by the sponsor/professional and each owner to the undersigned “participant” (including any minor participant for whom he signs this Agreement) for the enjoyment of equine activities as the participant, the undersigned “participant” (including any minor participant for whom he assigns this Agreement) hereby as follows:

1.                UNDER NORTH CAROLINA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING EXCLUSIVELY FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.  CHAPTER 99E OF THE NORTH CAROLINA STATUES

2.                This agreement is given in part under the above statue as it may now provide or be hereafter amended (‘the Act’).  All terms defined by the Act is hereby incorporated in the Agreement by reference.   This Agreement shall be so construed as to provide to the sponsor/professional the fullest protection of a release, waiver of right to sue and assumption of all risks which is afforded to the sponsor/professional by the Act and by general law

3.                All pronouns shall be construed to include the masculine, feminine, or neutral 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.

4.                The participant hereby acknowledges that he 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 death or personal injury of the participant or damage to the participant’s property (“the risks”0, including , but not limited to: (i) the propensity of an equine to behave in dangerous ways or to trip and/or fall; (ii) the inability of anyone whomsoever to predict or foresee an equine’s reaction to excitement, weather conditions, sound, movements, objects, persons, animals, reptiles, birds, or insects, other equine and the effects of such reactions; (iii) the hazards of surface of 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 foreseeable or unforeseeably 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 for any reason whatsoever or for no identifiable reason; (vii) the dangers of being struck by an equine, by a rider or by anything related; (viii) any negligent act or omission by the sponsor/professional or any owner which causes or results in the death or personal injury or the participant or damage to the participant’s property; and (ix) all other risks associated trail riding, birthday parties or any equine related activities.

5.                The participant hereby RELEASES and WAIVES all rights which he may have or hereafter have against sponsor/professional and each owner for death, personal injury or property damage which is in any way associated with the Risks; he does hereby WAIVE his right to sue or to bring any action against the sponsor/professional or any owner in connection therewith; he 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 hereby expressly ASSUMES ALL RISKS AND DANGERS of death, personal injury and property damage which are in any way associated with Risks enumerated in paragraph 4, above.

6.                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.

7.                This 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.

8.                To the extent possible, this Agreement shall be construed in such a 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.

9.                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 is in fact the legal parent or guardian or 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; 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. 

I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING AGREEMENT, EQUINE LIABILITY RELEASE, AND 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 form you are simply acknowledging you have read it.  The original Liability Release will be given to you prior to your event and must be signed.