WARNING
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 GENERAL STATUTES
EQUINE ACTIVITY LIABILITY WAIVER, RELEASE, HOLD HARMLESS, DEFENSE AND RISK ACKNOWLEDGMENT AGREEMENT
1. Parties. The parties to this LIABILITY WAIVER, RELEASE, HOLD HARMLESS, DEFENSE AND RISK ACKNOWLEDGMENT AGREEMENT (the "Agreement") are Dana Cooke Equestrian, LLC, a North Carolina limited liability company (the "Stable"), and DJ Crawford Farms, LLC, a North Carolina limited liability company (the "Landlord" or "Facility Owner"), and the individual identified on the signature page below, who is (a) a boarder, client, student, tenant, or participant in an equine activity, farm activity, or farm animal activity at the Farm (as defined below) or Offsite (as defined below); and/or (b) a volunteer, vendor, or visitor to the Stable, Facility Owner, or Offsite; and/or (c) a parent, legal guardian, or invited guest of any of the foregoing (any and all of such individuals being collectively referred to herein as a "Participant").
2. Participation in Stable Program(s) & Facilities. In exchange for Participant's acceptance of the terms of this Agreement and their signature hereon acknowledging same, the Stable and Facility Owner agree to permit Participant to be present on all or a portion of (as determined by Stable in its sole discretion) the property located at 3270 Jackson Road, Mooresville, Rowan County, North Carolina 28115 (the "Farm") or elsewhere as part of a Stable-sponsored clinic, horse show, schooling session, training event, or transport, if applicable ("Offsite").
3. Inherent Risks of Equines and Animals. Numerous obvious and non-obvious risks are inherent and always present in horseback riding and other equestrian-related and animal-related activities, despite all safety precautions. By way of example and not limitation, horses, ponies, and other farm animals may, among other things, stop short, change direction or speed suddenly, shift weight unexpectedly, trip, fall, buck, rear, bite, kick, strike, or bolt from what they perceive (correctly or incorrectly) as danger. These enumerated and related risks exist for anyone in close proximity to an equine or other animal, whether mounted or unmounted, on the ground, in a riding arena, round pen, barn, pasture, trail, or on public roads and highways. Participant acknowledges these inherent risks and affirmatively represents that they are not relying on the Stable or Facility Owner to advise them of all possible risks.
4. Nature of Farm and Agricultural Hazards. Numerous obvious and non-obvious risks are inherent and always present in an active farm and training facility. By way of example and not limitation, risks include: (a) tractors, mowers, trucks, trailers, ATVs, utility vehicles, jump equipment, and electric fencing; (b) domesticated farm animals (horses, cattle, poultry, barn cats, dogs) and indigenous wildlife (deer, coyotes, bobcats, foxes, snakes, rodents, insects); (c) fertilizers, agricultural chemicals, pesticides, and veterinary medications; (d) uneven terrain, ditches, sinkholes, mud, rocks, and water features; (e) infectious biological organisms, viruses, fungi, molds, and bacteria; and (f) any and all hazards associated with equestrian, agricultural, and rural facilities. Participant voluntarily assumes all such risks.
5. Complete Release, Waiver, Defense, and Indemnification. In consideration for Participant's ability to board, train, take instruction, lease a horse, have horses transported, or enter upon the Farm or Offsite for any purpose, Participant, for themselves and their heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and COVENANTS NOT TO SUE the Stable, DJ Crawford Farms, LLC, and their respective members, managers, officers, agents, employees, trainers, working students, landlords, insurers, affiliates, and representatives (collectively, the "Stable Indemnitees") from any and all liabilities, claims, demands, damages, actions, or causes of action resulting from personal injury, sickness, disease, death, or property damage (collectively, "Losses") arising out of or related to Participant's presence at the Farm or Offsite, or participation in Stable activities, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR ACTS OR OMISSIONS OF THE STABLE INDEMNITEES. Participant further agrees to DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Stable Indemnitees from and against any Losses, including reasonable attorneys' fees and court costs, incurred in connection with any claim brought by, through, or on behalf of Participant, or resulting from any damage or injury caused by Participant or Participant's horse(s).
6. Assumption of Risk & Participant Health Warranty. Participation in equestrian, training, or farm activities constitutes a voluntary assumption of all risks, including inherent equine risks and ordinary negligence. Participant warrants that they are in good health, possess the requisite physical fitness, skill, and judgment to engage safely in equine activities, and suffer from no undisclosed medical or physical condition that would impair their safety or that of others.
7. Mandatory Helmets and Protective Body Vests. All mounted riders at the Farm or Offsite are required to wear a properly fitted, fastened ASTM/SEI-certified equestrian riding helmet and hard-soled boots with an appropriate heel at all times. In addition, an approved equestrian body protector / cross-country safety vest is STRICTLY MANDATORY when schooling cross-country obstacles or jumping unconfined terrain outside an arena, and is strongly recommended for all jumping work. Participant assumes sole responsibility for inspecting and properly fitting all personal safety gear.
8. Minor Participants & Parental Indemnity Guarantee. If the Participant is under 18 years of age, the executing parent or legal guardian warrants that they have full legal authority to bind the minor. In the event that the minor, or any party on the minor's behalf, attempts to assert any claim against the Stable Indemnitees, the undersigned parent/guardian PERSONALLY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the Stable Indemnitees from and against all such claims, liabilities, damages, and defense costs (including attorneys' fees).
9. Emergency Medical, Veterinary, and Farrier Authorization. In the event of an emergency involving a human Participant or Participant's horse when Participant is unresponsive or unavailable, the Stable and its agents are authorized to obtain emergency medical, veterinary, or farrier care. Stable shall have no liability in connection with obtaining such care, and Participant warrants that Participant's own medical/equine insurance is primary and that Participant shall bear sole financial responsibility for all incurred costs.
10. Multi-State Equine Liability Statutory Protection. To the extent that Participant engages in equestrian activities, clinics, competitions, or training with the Stable outside North Carolina (including Virginia, South Carolina, and Florida), Participant agrees that the Stable, Facility Owner, and all Stable Indemnitees shall be entitled to all statutory immunities, defenses, and limitations of liability provided under the equine activity liability statutes of the state where the incident occurs (including VA Code Ann. § 3.2-6200 et seq., Fla. Stat. § 773.01 et seq., and S.C. Code Ann. § 47-4-10 et seq.), without waiving the application of North Carolina governing law.
11. Equine Transportation and Transit Risks. When Stable transports horses owned, leased, or handled by Participant, Participant agrees that transport entails severe inherent hazards (collisions, sudden stops, transit illness, loading injuries) and is undertaken at Participant's sole risk. Participant is solely responsible for carrying equine mortality, transit, and medical insurance, and Stable's liability for transit injuries or loss is waived to the maximum extent permitted by law.
12. Commercial Photography, Media, and Likeness Release. Participant grants the Stable and Facility Owner the irrevocable right to capture and use photographs, videos, audio, and likenesses of Participant and Participant's equines taken during Stable events, clinics, and schooling for promotional, website, social media, and educational purposes, without compensation or claims of invasion of privacy.
13. Biosecurity, Equine Health, and Quarantine Warranties. Participant warrants that all horses brought to the Farm or on Stable trailers are clinically healthy, free of infectious symptoms, have a negative Coggins test, and are current on core vaccines (including EHV-1/4, rabies, and tetanus). Stable reserves the absolute right to refuse entry or mandate immediate veterinary isolation and quarantine at the owner's expense for any symptomatic equine.
14. Barn Safety Rules Compliance. Participant agrees to strictly abide by all posted Barn Rules and directives issued by Stable management. Violation of safety rules may result in immediate revocation of facility access without refund. Participant indemnifies Stable Indemnitees from any Losses resulting from failure to adhere to the Barn Rules.
15. Governing Law, Exclusive Jurisdiction, and Severability. This Agreement shall be construed and enforced under the laws of the State of North Carolina. Participant and Stable irrevocably consent to the exclusive venue and jurisdiction of the state courts situated in ROWAN COUNTY, NORTH CAROLINA for any dispute arising hereunder. If any provision of this Agreement is adjudicated invalid or unenforceable, all remaining provisions shall continue in full legal force and effect.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AND ACKNOWLEDGE THAT IT CONTAINS A COMPLETE ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND A BINDING DUTY TO DEFEND AND INDEMNIFY.
NORTH CAROLINA (N.C. Gen. Stat. § 99E-3):
"WARNING: 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 GENERAL STATUTES."
VIRGINIA (VA Code Ann. § 3.2-6202):
"CAUTION: HORSEBACK RIDING AND EQUINE ACTIVITIES CAN BE DANGEROUS. RIDE AT YOUR OWN RISK. Under Virginia 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 from the inherent risks of equine activities pursuant to Section 3.2-6200 et seq. of the Code of Virginia."
FLORIDA (Fla. Stat. § 773.04):
"WARNING: Under Florida 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 from the inherent risks of equine activities."
SOUTH CAROLINA (S.C. Code Ann. § 47-4-60):
"WARNING: Under South Carolina law, an equine activity sponsor or 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 equine activity, pursuant to Chapter 4 of Title 47 of the Code of Laws of South Carolina 1976."
BARN RULES
• Hours of barn operation*: Sunday through Saturday, 7:30am to 4:30pm. *On holidays and other special occasions this schedule may be adjusted by management.
• For everyone present on the Farm: Presence on the Farm and all horseback riding and farm activities are at your own risk. All riders/guests must abide by posted barn rules.
• Liability Waiver on File: Everyone must have a current Dana Cooke Equestrian Liability Waiver & Release Agreement on file before riding or being in close proximity to any horse on the Farm.
• Supervision of Minors: Persons present on the Farm who are under the age of 16 MUST be supervised by a parent or legal guardian at all times, whether mounted or not.
• Tobacco, Alcohol & Drugs: NO SMOKING or alcohol use is permitted on the Farm at any time except by residents of the Farm. No illegal drug use permitted on the Farm or offsite at Farm activities.
• Firearms Policy: Other than the owners of the Farm, no one is permitted to bring firearms onto the Farm property.
• Footwear: No bare feet or sandals in the barn area or while in close proximity to equines.
• Cross Country Vests: A cross country vest must be worn if jumping cross country jumps.
• Electric Fencing: Beware and stay clear of the electrified wire which is along the fencing on the Farm.
• Feeding & Teasing: Do not feed anything to any horse other than your own without FIRST getting the owner's permission. Horses are unpredictable and may kick or bite; do not feed, startle, annoy or tease the animals.
• Accident & Hazard Reporting: Immediately report any accident or injury to a person or horse, property damage or dangerous condition on the Farm to Dana Cooke at (704) 441-2609 or property management.
• Restricted Areas: Medicine cabinets, tool rooms, feed rooms and hay trailers are for employee use only.
• Dog & Pet Policy: NO UNLEASHED DOGS OR OTHER ANIMALS/PETS ALLOWED ON FARM EXCEPT THOSE OWNED BY Diana Crawford and Hugh Wrigley or Dana Cooke unless prior written permission is given by Dana Cooke.
• Parties & Stall Access: No parties or other gatherings are permitted on the Farm without the prior written permission of Dana Cooke. Only Stable management, employees, veterinarians (and their technicians), farriers, other horse professionals or horse owners/lessees may enter stalls.
• Gates & Cleanliness: If you open a gate, please close it. Please clean up after yourself.
• Supplies & Medication: Please do not use or borrow another boarder's/horse owner's medication, feed or horse supplies without the permission of that boarder/owner.
• Personal Property & Insurance: Be diligent in caring for your items and be sure all your items are insured. The Stable and Facility Owner (DJ Crawford Farms, LLC) are not responsible for the theft or loss of any items in lockers, the tack room or anywhere else on the Farm. Although some tack areas may be locked if possible, assume that the tack room facilities are NOT locked. You are responsible for insuring your own personal property. The Stable and Facility Owner do NOT have insurance covering your property.
• Helmets & Footwear: All riders must wear a properly fitted certified SEI/ASTM safety approved helmet with the harness fastened and a closed-toe, hard sole shoe with heel.
• Handling & Care: Keep your horses in a halter and lead line to graze or lead. Please clean up after yourself. Do not leave tack or other belongings other than in their designated areas. Please clean up after your horse. Wheelbarrow, pitch forks, brooms and large dustpans are provided for your convenience. Roll up hose and turn off water if no one is using it after you.
• Turnout & Tack Room Food: No riding is allowed in the fields when horses are turned out there. DO NOT store any food in the tack room. Horse treats should only be kept in a sealed container or we will end up with rats and other vermin.
• Arena Priority & Cell Phones: Children under age 18 may not use cell phones when mounted. Lessons have arena/ring priority. Time limits may be imposed for use of arena/ring when necessary. No lunging horses in the arena/ring while someone else is riding.
• Trailer Transport: Horses must be transported to and from the Farm in a licensed trailer appropriate for such horses. Only store tack and tack trunks in designated areas.
• Hay Distribution: Hay is given to horses only by the Stable, the horse's owner or a person designated by the owner during A.M., P.M., Lunch or Lates feeding times. Please contact Dana Cooke (704) 441-2609 if there is any problem with hay.

