WAIVER, RELEASE, DEFEND, INDEMNIFICATION & HOLD HARMLESS AGREEMENT
for Meeting Place Equine and Holistic Success Coach, LLC WARNING: Under the Illinois Equine Activity Liability Act, each participant who engages in an equine activity expressly assumes the risks of engaging in, and legal responsibility for injury, loss, or damage to person or property resulting, from the risk of equine activities.Parents must sign a separate waiver form for themselves and each each minor under their custody
On behalf of myself, and/or my minor child or ward, my/our successors, executors, administrators and/or assigns, including any one claiming by or on behalf of any of me/us, in consideration of the grant of right to use the above businesses' equestrian facilities and/or grounds, subject to the terms and conditions of this Waiver, Release, Defend, Indemnification & Hold Harmless Agreement ("Agreement"), I acknowledge and agree as follows: WARNING: Under the Illinois Equine Activity Liability Act, each participant who engages in an equine activity expressly assumes the risks of engaging in, and legal responsibility for injury, loss, or damage to person or property resulting, from the risk of equine activities.
1. Acknowledgement of Risk, Identification of Released Parties and Assumption of Risk. I acknowledge that all equine activities are dangerous. I also acknowledge that if I participate, or allow my minor child or ward to participate, in any equine activity, including as a rider, driver, handler, lessee, owner, agent, spectator, volunteer and/or trainer, I choose to do so voluntarily, knowing that this activity is dangerous. I understand that the equestrian facility, which is commonly called The Shire, rented by Holistic Success Coach, LLC and used by Meeting Place Equine consists of grounds, equipment, horses, officers, directors, independent contractors, agents, spouses, affiliates, volunteers while acting on behalf of businesses are hereafter collectively referred to as the “Released Parties”. I understand that the Released Parties does not provide any supervision of any activity at its facility or upon its grounds, and it is therefore impossible to guarantee the safety of any one who is in, upon or uses the facility and grounds for any purpose. Therefore, I understand that when I am in, upon or use the facility and/or grounds I assume all risk and legal responsibility for loss or damage to property or injury or death to me and/or my minor child or ward. Further, regardless of the reason I, or my minor child or ward, am/is on the grounds OR HOSTED EVENT, I specifically acknowledge that by my/their initial and/or continued presence for any reason on property or at EVENT I/they will be regarded as a participant in an equine activity and I accept the limits of liability as stated in the Illinois Equine Activity Liability Act, 745 ILCS 47/1 et seq., in the event of any injury to me/them. I acknowledge that I am solely responsible for determining whether I and/or my minor child or ward and/or any equine animal used by me, my minor child or ward is physically fit, appropriate and/or skilled enough to engage in any particular equine activity. I acknowledge that none of the Released Parties have any knowledge of or obligation to investigate the level of my training, the training of my minor child or ward, or the training or suitability of any equine animal I, or my minor child or ward, use within the facilities or upon the grounds or Event owned or used by Released Parties.I acknowledge that I am solely responsible for conducting any such investigation or otherwise determining that a training session is offered by qualified and have the requisite qualifications, character, fitness and competence to provide lessons or training to myself and/or my minor child or ward and/or horse. I hereby agree to release, indemnify and hold the Released Parties harmless for any actions of any Trainers hired by me or otherwise engaged to provide lessons to me and/or my minor child or ward. I also acknowledge if I have any issues, questions, reservations for myself or anyone in my group, I will bring it up instantly and take responsibility for communicating needs, requirements, or other issues until resolved to my satisfaction. 2. Acknowledgment of Rules and Regulations. I am aware that there are, and that it is my responsibility to know and understand, the rules and regulations governing conduct and activities at businesses and Released Parties. I agree to abide by each of them. footing, construction material, etc); 2a. All cautions, disclaimers, waivers, releases, agree to hold harmless statements also apply to any equipment, riding simulators, ground work, on line horse work, simulations, demonstrations, lectures, exercises, stretches, even so far as educational material produced or made available, shared, disseminated by Meeting Place Equine, Holistic Success Coach, LLC, and all affiliates or associates. 2b. It is acknowledged that any contraindication for any activity, physical, mental, emotional, spiritual is made known and discussed before the commencement of any associated activity. 2c. It is understood that any educational material shared, sold, or disseminated is for educational purposes only and does not carry guarantee or promise of results or safety. 2d. It is understood and acknowledged that any information learned under Meeting Place Equine or Holistic Success Coach LLC, is the property of stated businesses and is not for further dispersal. If the information has been learned from other professionals it shall be so stated. 2e. It is understood that I am participating of my own free-will, I know and acknowledge I am here for coaching, mentoring, guiding and if at any point I am uncomfortable, or feel unsafe, I will express my needs in that moment.
2. Acknowledgment of Rules and Regulations. I am aware that there are, and that it is my responsibility to know and understand, the rules and regulations governing conduct and activities at Released Parties and businesses and upon its grounds or at Events. I agree to abide by each of them. 3. Acknowledgment of Equestrian Helmet Policy. I acknowledge that businesses has established an Equestrian Helmet Policy requiring the wearing of a properly fitted equestrian helmet which meets ASTM/SEI standards, with secured chin harness properly fastened at all times when engaged in any equine activity. I agree to comply with the Equestrian Helmet Policy. 4. Assumption of Responsibility, Waiver of Liability and Release for Rules, Regulations, and Helmet Policy. I specifically represent, covenant and warrant that if I and/or my minor child or ward violate and/or fail to follow any of the rules or regulations or the Equestrian Helmet Policy at any time in any way or for any reason, then I (either individually or on behalf of my minor child or ward) assume full and complete responsibility for any and all injury, loss of property and/or death that may result and expressly waive and release each of the Released Parties from any claim for such loss, injury and/or death. 5. Agreement of Waiver, Release, Defend, Indemnification, and Hold Harmless for Activity at Facility. I fully understand that this agreement covers, but is not limited to, all known and unknown inherent risks of equine activities, which means a danger or condition that is an integral part of an equine activity, including but not limited to, any of the following: (i) the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them (ex.: jump, run, kick, buck, bolt, spin, rear up, strike, bite, stumble, fall, etc.); (ii) the unpredictability of an equine’s reaction to sounds, (ex.: music, machinery, equipment, doors, snow and ice falling, rain, wind, thunder, voices, etc.), sudden movement, and unfamiliar objects, persons, other animals, other things (ex.: jumps, ground poles, cones, flowers, flags, golf carts, mini-bikes, whips, bats, etc); (iii) Certain hazards, such as surface and subsurface conditions (ex.: ground holes, uneven terrain, slippery or deep footing, construction material, etc); (iv) Collisions with other equines or objects; and, (v) the potential of another participant to act in a negligent manner that may contribute to injury, to me, death, or loss to themselves and/or any other person(s), including but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant. I forever waive, release, agree to indemnify and to hold harmless each and every one of the Released Parties of and from any and all liability for any and all claims, demands, causes of action, damages, injuries or death, that I or my minor child or ward may have including any injuries or death to my equine and/or loss of my property, of every nature arising out of or in any way resulting from being upon or the use of Lakewood Stables facility and grounds, and I assume all risks as set forth in this agreement. Neither my minor child or ward, nor I, nor any one claiming through me or them, will hereafter make any claim or demand against, initiate, file or bring any legal lawsuit, action or proceeding against any of the Released Parties, for or on account of, arising out of, or in any way connected with any injury or loss or for any claim of negligence, gross negligence, or other fault made by others for any injury or loss of any nature arising out of or in any way resulting from being upon or the use of Lakewood Stables facility and grounds unless caused by reckless or willful and wanton wrongdoing). 6. Voluntary Execution, Severability, Choice of Law, Limitation, Attorneys’ Fees. I execute this Agreement freely and voluntarily and for and on behalf of myself and my minor child and/or ward (if applicable), and for anyone claiming under or through any of them, and for each of their respective heirs, administrators, successors, representatives and assigns, and agree that this Agreement does not expire. If any provision of this Agreement is found to be invalid or illegal by a court of competent jurisdiction, I agree the remaining provisions shall be construed as if the affected provision had not been included in order to effectuate the intent of the parties. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of this Agreement shall be resolved exclusively by the state court in McLean, Illinois and I hereby submit to the jurisdiction and venue of the Court for such purpose. I agree that any and all claims and/or causes of actions against the Released Parties must be brought within one (1) year of the date accrued, that any claim for personal property loss or damage is limited to $500.00 (Five Hundred Dollars), and I agree to reimburse Released Parties for any and all attorneys' fees and costs incurred by them in enforcing the terms of this Agreement and/or in defending or prosecuting any claims or causes of actions involving, or in any way relating to, me and/or my minor child and/or ward.
DISCLAIMER: GENERAL INFORMATION and FOR EDUCATION The above businesses provide general educational information on various topics on the website, social media, learning platforms, and written material as a public service, which should not be construed as financial, medical, real estate, tax or legal advice. Rights are reserved to modify it at any time without notice. By visiting and using these resources, it is accepted and agreed to be bound by this Disclaimers. Do not access or use these resources if there is reluctance to be bound by this Disclaimer. NO WARRANTIES: ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW. LIMITATION OF LIABILITY It is agreed upon by the reader, and any and all affiliates or heirs that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of the website, other materials or references including but not limited to all the content, information, products, services and graphics presented. You expressly agree that your use of the website, education platform, materials offered is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website. You expressly agree that your use of the course, session, clinic is at your sole risk and that you are solely responsible for the any results with yourself, your horse, or others, the outcome of your actions, personal and business results, and for all other use in connection with the the course. You also expressly agree that results are not guaranteed and you will not hold them responsible for any lack of results, any accidents or injury that may occur as a result of you performing training exercises. You expressly agree that any actions taken as a result of you performing activities in the course are done so at your own risk and no responsibility will be associated to mentioned businesses. You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here. This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here. Specifically for in-person sessions, clinics, retreats, you will agree to maintain yourself in a mature fashion with integrity. You will be liable for judgement errors that cause damage or time to right. You will not interact with the site's horses except your own, unless under invitation or with supervision. Payment is due at service. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. Photographic, audio or video recordings may be used for the following purposes: • conference presentations • educational presentations or courses • informational presentations • on-line educational courses • educational videos By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.