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136 Watermark Road · Oxford, Pennsylvania · 19363
Voice 717.529.2848 · Fax 717.529.6010
www.watermark-farm.net · watermarkfarm@gmail.com
Client Waiver, Release, and Indemnity

This waiver, release, and indemnity is intended to be given for the benefit of Watermark Farm and the owners, officers, directors, managers, employees, agents and successors in interest, all of whom are hereinafter jointly and severally referred to as “Watermark Farm.”

The undersigned is a client of Watermark Farm and may, pursuant and subject to the terms of a separate agreement, utilize farm facilities and services for equestrian activities, including but not limited to riding, boarding, stabling, training, lessons, showing, entertaining guests, and any and all types of activities associated directly or indirectly with equestrian activities. If Client is a minor, the term “Client” as used herein includes the minor and the undersigned parent(s) and guardian(s), jointly and severally.

In consideration of and in return for Watermark Farm (in addition to any fees charged or consideration provided for in a separate agreement(s)) providing and making available services and facilities to Client, Client hereby, for all Client’s self and Client’s heirs, legal representatives, and guests, expressly agrees to the following:
1. Client hereby assumes for Client and Client’s guests ANY AND ALL RISKS INVOLVED IN OR ARISING FROM CLIENT’S OR CLIENT’S GUESTS USE OF OR PRESENCE UPON WATERMARK FARM OR ADJOINING PROPERTY AND FACILITIES OR PARTICIPATION IN A WATERMARK FARM SPONSORED ACTIVITY, including, without limitation, the risks or death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire, or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person. It is the responsibility of Client to carry full and complete insurance coverage on his horse, personal property, himself, and guests.
2. Client hereby assumes for Client and Client’s guests ANY AND ALL RISKS INVOLVED IN OR ARISING FROM CLIENT’S OR CLIENT’S GUEST USE OF A HORSE OWNED BY WATERMARK FARM OR PROVIDED FROM EVALUATION AT THE WATERMARK FARM PROPERTY FOR THE PURPOSE OF TEST RIDING SUCH HORSE TO EVALUATE ITS SUITABILITY FOR PURCHASE OR LEASE, including, with out limitation, the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire, or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person. It is the responsibility of Client to carry full and complete insurance coverage on his horse, personal property, himself, and guests.
3. Client agrees to hold Watermark Farm and its successors, assigns, subsidiaries, affiliates, officers, directors, employees, and agents completely harmless and not liable and release the from all liability whatsoever, and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of Client’s or Client’s guests’ use of or presence up Watermark Farm property, facilities, and horses, including without limitation, those based on death, bodily injury, property damage, including consequential damages.
4. Client agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. Client confirms that all such future risks are expressly assumed by Client.
5. Client agrees to indemnify and defend Watermark Farm against, and hold it harmless from, any and all claims, cause of action, damages, judgments, costs, or expenses, including attorneys’ fees which in any way arise from Client’s or Client’s guests’ use of or presence upon Watermark Farm property, facilities, and horses or from participation in a Watermark Farm sponsored activity, program, or show.
6. Client agrees to abide by all Watermark Farm rules and regulations.
7. Client agrees to hold harmless Watermark Farm and its employees for any loss of semen to be collected under this agreement, and for any injury, sickness or death of the horse(s) identified in this agreement. Client agrees to indemnify and hold harmless Watermark Farm and its employees against any and all claims, including third party claims for any injury, sickness and/or death of any horse(s) inseminated by semen processed and sent by Watermark Farm. Client agrees to hold harmless Watermark Farm, its employees and agents, for any injury, sickness and/or death to the stallion(s) identified in this agreement with are the result of or in association with the training, or care of the stallion or the collection of semen of the stallion.
8. Watermark farm reserves the right to refuse to allow Client to use Client’s horse upon Watermark Farm premises or in a Watermark Farm sponsored activity if in their sole determination the horse is not in proper health or is deemed to be dangerous or undesirable.
9. This agreement is nonassignable and non-transferrable and is made and entered into in the Commonwealth of Pennsylvania and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with state law, then that clause shall be severed from this contract, and the remaining clauses and provisions of this contract shall be enforceable. When Watermark Farm and Client, and Client’s parent or guardian if Client is a minor, sign this agreement, it will then be binding on all parties, subject to above terms and conditions.
10. This agreement is independent of any agreement for the use of facilities or services which may now exist or which may be entered into in the future and shall be deemed applicable to and part of any such agreement. This agreement may not be canceled, terminated or otherwise changed or modified except by an instrument in writing executed by all parties.
WE HAVE CAREULLY READ THE FOREGOING WAIVER, RELEASE, AND INDEMNITY AGREEMENT, ACKNOWLEDGE THAT THIS INSTRUMENT CREATES LEGAL CONTRACT BY AND BETWEEN THE UNDERSIGNED. CLIENT ACKNOWLEDGES THAT WATERMARK FARM HAS OR WILL BE PROVIDING SERVICES AND/OR FACILITIES IN RELIANCE UPON THIS AGREEMENT.

PLEASE INITIAL                    

On the line provided below, please print the following words: “I have read and understand the above” and then sign.

 
Signature:                                                                     
For Watermark Farm:                                                            
Client Signature:                                                              
Print Name:                                                                    

Description of Client’s horse(s), if any:

                                                                               
Client’s Parent/Guardian Signature:                                            
Print Name:                                                                    
Horse’s estimated value: $                                  Initial:           
Horse’s insured value: $                                    Initial:           

Name, Address, Telephone of Emergency Contact(s):

                                                                               

                                                                               

Address & Telephone # of Client: