Equine Activity Liability Release & Waiver Agreement
This agreement informs all visitors, employees, and volunteers of Equine Connection Center, LLC of their required adherence and consent to the provisions contained herein before engaging in any activities. This agreement's stipulations will persist indefinitely for all subsequent visits, volunteer activities, or work shifts.
The premises and facility referred to in this Agreement are “Equine Connection Center, LLC,” located at 14420 Owls Nest Rd, Nokesville, VA 20181. The provisions of this agreement extend to Equine Connection Center, LLC, the property owners Chelsea Bollinger and James Bollinger, and any owners of privately-held horses that may be visiting or residing on the premises.
NOTICE: In accordance with Virginia law, participation in equine activities inherently involves certain risks, including but not limited to injury, harm, damage, death, and legal responsibilities. By entering upon the premises, participants are assumed to have acknowledged these risks. As per Virginia Code Sec. 3.2-6202, equine professionals and activity sponsors shall not be held liable for any damages resulting from these inherent risks associated with equine activities.
ATTENTION: In accordance with Virginia law, Equine Connection Center, LLC the property owners Chelsea Bollinger and James Bollinger, and any owners of privately-held horses that may be visiting or residing on the premises, bear no liability for any injury to, loss, or death of a participant in an agritourism activity conducted at this agritourism location, A1 zoned property at 14420 Owls Nest Rd, Nokesville, VA 20181, if such injury, loss, or death results from the inherent risks of agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land/environmental, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in any equine or agritourism activity and agree to waive the right to any litigation against the facility or property owners.
UPON SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS:
A. I confirm that I am at least 18 years old, or signing with/via a parent or guardian. I accept and assume full responsibility for my dependent children and always commit to supervising them.
B. I pledge to comply with any conditions imposed by Chelsea Bollinger or Equine Connection Center, LLC regarding my conduct as a visitor, volunteer, or employee. This compliance includes but is not limited to, the observance of fire safety protocols, restrictions on alcoholic beverages, access to animals and their enclosures, access to equipment and vehicles, and adherence to environmental protection measures.
C. I recognize that Equine Connection Center, LLC is a tobacco-free and drug-free property, and I commit to abstaining from using any tobacco products while on the premises.
D. I undertake to respect all rules related to the care and handling of animals under the protection of Equine Connection Center, LLC. I will not attempt to handle, pet, groom, feed, or interfere with any animal unless expressly authorized and deemed capable. I understand that authorization to do so may be revoked at any time for any reason.
E. I acknowledge the inherent risks associated with participation in activities at the property of Equine Connection Center, LLC and other off-site events, including but not limited to:
Unpredictable animal behavior, including but not limited to kicking, stomping, biting, fast movement, and destruction of property, which may be directly or indirectly impact humans or other animals;
The unpredictability of an animal's reaction to various stimuli that may result in injury, death, or loss, directly or indirectly;
Hazards relating to surface or subsurface conditions, fence failure, or equipment/tack failure that may result in injury, death, or loss, directly or indirectly;
Potential collisions with other animals, individuals, or objects that may result in injury, death, or loss, directly or indirectly;
The risk of behavior or actions by myself or other participants that may contribute to injury, death, or loss.
Having acknowledged these risks, I accept full responsibility for any injury or harm to myself, my children, my animals, and my property that may occur during my visit, volunteer activities, or employment at Equine Connection Center, LLC.
I hereby release and indemnify Chelsea Bollinger, James Bollinger, Equine Connection Center, LLC, and their employees, volunteers, affiliates, an/or any owners of privately-held horses that may be visiting or residing on the premises from any liability for claims, actions, and causes of action for injuries, mental distress, property damage, or death sustained by me, my dependents, or my animals during any activities at the Facility, now or in the future.
F. I understand that Chelsea Bollinger, James Bollinger, Equine Connection Center, LLC, and any owners of privately-held horses that may be visiting or residing on the premises bear no responsibility or obligations to provide financial or other assistance, including but not limited to medical, health, or disability insurance, in the event of injury or illness.
G. I acknowledge that I will be held accountable for any injury to others or damage to property caused by me as a result of intentional behaviors, negligence, and/or failure to follow guidance and instruction, implied or otherwise, inclusive of automobile accidents and machinery-related injuries. I acknowledge that I am not authorized to operate any gas-powered machinery owned by the facility at any time for any reason. Should I be acting in good faith as a volunteer, agent, or employee of Equine Connection Center, LLC, accidents where I may be found at fault shall be considered under the provisions of Virginia Code Sec. 3.2-6202 per this waiver of liability agreement to the extent possible.
H. I am aware that any deliberate harm I inflict on the animals or property of Equine Connection Center, LLC or its affiliates including any owners of privately-held horses that may be visiting or residing on the premises will result in legal proceedings against me, at my personal expense.
I. I acknowledge that Equine Connection Center, LLC or any of its representatives may request that I vacate the property and I agree to comply with such requests. I acknowledge that there is no access to the facility under any circumstances outside of posted hours of operation and after dusk.
J. I acknowledge the laws of the State of Virginia shall govern this Agreement and Release. If any portion of this agreement is deemed invalid, the remainder shall continue in full legal force and effect.
K. I have thoroughly read and understood the contents and legal implications of this Liability Release and Waiver Agreement and signed it of my own volition.
L. As a safety measure, I agree to wear closed-toe footwear at all times while on the property.
M. I grant permission for photographs and videos to be taken and stories to be written for use in newsletters, newspapers (electronic or printed), social media postings, or advertising, which may include my image and/or those of my dependents. I cede all rights to these materials to Chelsea Bollinger and Equine Connection Center, LLC for any lawful use as deemed appropriate. Should I wish to decline permission for my/my child's photographs and videos to be published now or in the future, I will submit formal notice in writing.
N. I consent to video and audio surveillance and recording while on the premises of 14420 Owls Nest Rd, Nokesville, VA 20181 and acknowledge that such recordings are property of Chelsea Bollinger, James Bollinger, and Equine Connection Center, LLC for use in any capacity including that these shall be admissible in any legal or court proceedings.
Equine Activity Liability Release and Waiver Section
This section serves as a comprehensive Release and Waiver of Liability, Assumption of Risk, and Indemnification Agreement (the "Agreement") between the participant (the "Participant") and Equine Connection Center, LLC (the "Facility"), including its owners, employees, agents, and any owners of privately-held horses that may be visiting or residing on the premises for those participating in equine activities. Any person entering upon the premises of 14420 Owls Nest Rd, Nokesville, VA 20181 is considered as a “Participant” for the purposes of this agreement.
Upon entry to the aforementioned premises operated by the Facility, the Participant is considered a participant in equine activities, subject to the inherent risk of contact with equids (including horses, mules, and donkeys). This explicitly implies that the Participant has willingly accepted the risk of use and/or contact with equids owned, managed by, visiting, or boarded at the Facility. The Participant, fully cognizant of the risk of injury and dangers inherent in activities related to or in proximity to equine animals, elects voluntarily to participate and willingly enters into this Agreement.
In consideration of being permitted to enter the Facility's premises, use or contact with equids owned or controlled by the Facility, or receive training or instruction from its employees or agents, the Participant knowingly waives their right to sue the Facility, its members, managers, employees, agents, volunteers, successors, heirs, assigns, and any owners of privately-held horses that may be visiting or residing on the premises for any injury, death, loss, or damage to the Participant, the Participant’s dependents, or the Participant's property. The Participant also assumes all risks inherent in riding or interacting with equids. The Participant assumes the responsibility for wearing appropriate and well-fitted safety equipment, including but not limited to an equestrian safety helmet (provided by the Participant or by the Facility as a courtesy) during all equine-related activities and handling, including but not limited to riding activities.
The Participant acknowledges awareness of the inherent and intrinsic dangers of equine activities, including but not limited to:
(i) The propensity of equids to behave unpredictably, which could result in injury, harm, or death.
(ii) The unpredictability of equids' reactions to various stimuli.
(iii) Hazards such as surface and subsurface conditions, including footing or changes in landscape.
(iv) Environmental conditions associated with outdoor exposure.
(v) The potential for collisions with other animals or objects.
(vi) The potential negligence of a participant that may contribute to injury to the participant or others.
(vii) The potential for failure of equipment, tack, restraint, or fencing/enclosures.
In alignment with VA. CODE ANN. §3.1-796.132B, this waiver and express assumption of risks applies to the Participant and any minors or wards under their care and complies with the exculpatory terms of the Virginia Equine Activity Liability Act, VA. CODE ANN. §§3.1-796.130 et seq. (Chapter 27.5, Code of Va. (1950)).
Should the Participant be a minor or otherwise under a legal disability, this Agreement must be signed by the Participant's parent or legal guardian. In doing so, the parent or legal guardian agrees to waive their rights, assume the aforementioned risks, and indemnify and hold harmless the Facility, including its owners, employees, agents, and any owners of privately-held horses that may be visiting or residing on the premises, from any loss, claim, suit, or judgment resulting from any injury, death, loss, or damage sustained or claimed.
The Participant and/or any parent or guardian signing this Agreement acknowledges that it shall be governed and construed by the laws of the Commonwealth of Virginia, regardless of where any injury or loss may occur. If any portion of this Agreement is declared unenforceable, such declaration will not affect the remaining terms of this Agreement, which shall remain in full force and effect.
ADDITIONAL ACKNOWLEDGEMENTS:
(i) The Participant agrees to wear protective safety equipment and closed-toe footwear and assumes the risk of injury resulting from failure to do so or using inadequate equipment at any time.
(ii) The Participant certifies that they do not have any medical conditions that could be affected or exacerbated by outdoor exposure, contact with animals, horseback riding, or the general nature of physical activity/moderate exercise or that pose a risk to impair the Participant’s ability to behave and participate in a safe and controlled manner while on the premises.
(iii) The Participant acknowledges that this Agreement can be executed electronically, which shall be regarded as an original signature.
(iv) Any spectators present on the premises are considered Participants and, therefore, must sign this waiver and release the same as any other Participant.
(v) The purpose of this agreement is to satisfy the obligation of any sponsor of an equine activity in the state of Virginia to expressly communicate potential risks to participants and for the participant to waive their right to seek retribution for any damages that may result from those potential risks. Virginia Code Sec. 3.2-6202 specifies that “no participant or parent or guardian of a participant who has knowingly executed a waiver of his rights to sue or agrees to assume all risks or intrinsic dangers of equine activities may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. The waiver shall give notice to the participant of the intrinsic dangers of equine activities and may be executed at a location other than that of the equine activity. The waiver shall remain valid unless expressly revoked in writing by the participant or his parent or guardian. For purposes of this section, in the case of a minor participant, the execution of a waiver by a duly authorized representative of the parent or guardian designated in writing by the parent or guardian shall constitute a valid and knowing execution of a waiver by the parent or guardian’.
Signing this document serves explicitly as a “knowingly executed waiver of rights to sue”. You agree that you hold no claim against Equine Connection Center, LLC, the property owners Chelsea Bollinger and James Bollinger, any person acting on behalf of the Facility, and and any owners of privately-held horses that may be visiting or residing on the premises for any injury, death, loss, or damage at any time now or in the future.