Equine Release Forms

THIS IS A VERY IMPORTANT DOCUMENT. YOU MUST READ IT BEFORE SIGNING. THIS DOCUMENT CONTAINS A RELEASE OF CLAIMS. IF YOU SIGN IT YOU WILL BE RELEASING THE RELEASORS FROM ALL CLAIMS YOU MAY HAVE.

This Release Agreement (the “Agreement”) is made this day on submission.

WHEREAS, the Releasor boards a horse(s) or is otherwise physically present and/or engaged in horse related activity at Ashbourne Farms located in Oldham County, Kentucky, and owned by Ashbourne Farms LLC, a Kentucky limited liability company (“Ashbourne Farms”);

WHEREAS, the Releasor desires to ride horses and/or engage in horse related activity upon the farm properties owned by Ashbourne Farms, and Ashbourne Farms agrees to allow Releasor to ride horses and/ or come upon the Property for the purpose of horse related activity upon the terms set forth herein;

THEREFORE, in consideration of the mutual covenants contained herein, Releasor agrees as follows:

1. Grant of Revocable License. Ashbourne Farms grants to Releasor a revocable license to ride horses and/or engage in horse related activity over and upon the Property on the terms set forth in this Section. Releasor acknowledges that Ashbourne Farms may, in its sole discretion, revoke this license at any time, with or without cause, upon notice to Releasor. Releasor further acknowledges that from time to time, Ashbourne Farms may limit and/or condition the license granted herein as it sees fit in its sole discretion, including but not limited to the hours Releasor may ride and/or engage in horse related activities, ride upon the Property, or the number of riders who may ride and/or engage in horse related activities on the Property at any one time. Notice of any such revocation, condition or limitation of the license shall be provided to Releasor by a representative of Ashbourne Farms.

2. Limitations on Riding.
a. Riding on the Property shall be permitted during daylight hours unless:
(i) Ashbourne Farms, in its sole discretion, informs Releasor that riding shall not be permitted; or
(ii) The ground is too wet and/or riding conditions are poor, as solely determined by Ashbourne Farms.
b. Riding and/or engaging in horse related activity on the Property shall only be permitted in areas that Ashbourne Farms consents to or directs.

3. Release and Indemnification. Releasor (and Parent Releasor (defined below), if applicable), for himself/herself, his/her spouse and/or minor children, legal representatives, successors, heirs and assigns, hereby releases, holds harmless, waives and discharges Ashbourne Farms, and their respective members, managers, representatives, agents and employees (herein, collectively the “Releasees”) from any and all liability for any and all loss or damages of any nature whatsoever, and any claim or damages resulting therefrom whether directly or indirectly, on account of injury to Releasor’ s person or property including but not limited to injury and/or death resulting to Releasor’s horse(s) whether owned, leased, borrowed, and/or utilized by Releasor, including injury resulting in death of the Releasor, arising out of or relating to Releasor’s use of the license set forth herein, whether caused by the negligence of Releasees, a third party, or otherwise.Releasor (and Parent Releasor, as applicable) agrees to indemnify the Releasees and each of them from any loss, liability, damage or cost, including any and/all costs and attorney fees that Releasees may incur due to the Releasor’s use of the Property.

4. Acknowledgements of Releasor. Releasor (and Parent Releasor, if applicable) acknowledges that horseback riding and/or horse related activity is a dangerous activity, and as a participant, Releasor and/or any and all horse(s) utilized by Releasor during the course of Releasor’s use of Property may suffer serious physical injury or death, or may cause injury or death to another’ s property or person, or to the property of Releasor, and that all risks connected with the use of a horse or participation in horse related activity and/ or riding upon the Property are to be borne and assumed by Releasor.

Releasor (and Parent Releasor, if applicable) further acknowledges that Releasees have not inspected the Property for any defects or conditions that could cause injury to Releasor or to the property of Releasor or any other person, and that no precautions intended to increase and or inspect for safety have been taken by the Releasees. Releasor and/or any minor child of Releasor and/or in the care custody and/or control of Releasor shall utilize any and all appropriate, reasonable and necessary safety equipment including but not by way of limitation, riding helmets, while upon the Property. Notwithstanding the fact that an agent, employee, and/or representative of Ashbourne Farms, may accompany a minor child of Releasor and/or under the care, custody and/or control of Releasor upon Property, Releasor/Parent Releasor acknowledges and agrees that no agent and/or, employee of Releasees shall provide any supervision, and/or oversight of Releasor and/or any minor child in the care, custody and/or control of Releasor while Releasor or said minor child is on Property, and Releasor agrees that Releasor shall be solely responsible for the safety and welfare of any minor child of Releasor who is present upon Property, and Releasor expressly releases, indemnifies and holds Releasees harmless from any claims and/or causes of action as a result of or for any injury including death of or to said minor child or to any other person and/or animal as a result of the presence of said minor child upon Property including any claims and/or, causes of action including attorney’s fees and costs incurred as a result of the presence of said minor child on the Property.

Releasor and Parent Releasor, as applicable, acknowledge(s) that he/she has read this Agreement and fully understands its contents. Releasor and Parent Releasor, if applicable, understand(s) that this Agreement is a release of liability and acknowledges that she or he can read the English language and is entering into this Agreement of his/her own free will.

5. Inspection. Releasor acknowledges that there may be hazards, known and unknown, on the Property, including, but not limited to: holes, sinkholes, bodies of water, running and/or standing water, unsteady ground, defects, caves, tree limbs, falling rocks, rocks, falling trees and/or limbs, known and/or unknown animals, both domestic and wild, persons associated with or not associated with Ashbourne Farms, including strangers, and farm equipment. Releasor acknowledges that the Releasees have made no inspections of the Property and/or effort to inspect and will make no effort to render the Property safe for riding or any other type of travel by foot and/or by any other means. Releasor acknowledges that horseback riding and/or any horse related activity is a dangerous activity and that injury to Releasor and/or any and all animals, including horses, in the care and/or custody of Releasor and/or being utilized by Releasor can result from or indirectly from any and all contact with horses and/or participation in horse related activity, including but not limited to falling from the horse, or being fallen upon by the horse, being stepped upon, bitten, kicked, and/or stomped by the horse, the failure of and/or defects in any safety equipment and/or tack, including, but not by way of limitation, saddles, bridles, halters, etc. Further, Releasor acknowledges that horses may run from and/or run away from and/or fall into or upon obstacles including other animals, both seen and unseen, resulting in injury to Releasor or the property of Releasor. Understanding the foregoing, Releasor acknowledges and forever releases and holds the Releasees harmless from any and all damages, claims, causes of action, including costs and reasonable attorney fees, resulting, whether directly or indirectly, from the Releasor’ s use of or presence on the Property, whether with or without a horse.

Releasor and/or Parent Releasor by his or her signature acknowledges and agrees that she or he has had the opportunity to inspect Property, and has either chosen not to do so, or has thoroughly inspected the Property and notwithstanding anything that Releasor has seen or not seen during said inspection, has signed this Release voluntarily, and with full understanding that by his or her signature, Releasor voluntarily waives any right she or he may have had before signing this Release.

6. Authority. Releasor represents that he/she is at least eighteen (18) years of age, is not under a disability, and has full capacity to execute this Agreement. In the event Releasor is a minor child, a parent or legal guardian shall also execute this Agreement on behalf of said minor child as “Parent Releasor”.

7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Kentucky.

8. Severability. The provisions of this Agreement are severable and separate, and, in the event that one or more of said provisions should be determined to be invalid or unenforceable by reason of being vague or unreasonable for any reason whatsoever, then the invalid provisions will become and be deemed to be immediately amended so as to be reasonable and enforceable by a court or other body having jurisdiction over the matter, and the Releasor expressly agrees that this Agreement, as so amended, will be valid and binding as though any invalid or unenforceable provision had not been included herein.

9. I (we) hereby acknowledge the risks related to covid-19 a/k/a the coronavirus. I agree to hold AF harmless from any claim for illness or death arising from the virus that may be alleged to have been caused directly or indirectly from exposure to the virus at any af function or facility. I agree that af shall not be liable for any sickness, disease, or death which may be suffered by myself or any guest or invitee of mine arising from or related to the virus. I agree that all risks relating to the virus are to be borne by me. I hereby assume the sole responsibility for and agree to indemnify, defend and save AF harmless from any and all loss and expenses (including legal and expert witness fees actually incurred) by reason of the liability imposed upon AF due to illness, including death at any time resulting therefrom, sustained to myself, my guests and invitees, on account of the virus. I expressly warrant and represent to Ashbourne Farms that neither I nor any of my guests or invitees have knowingly contracted nor been exposed to the virus nor are any of the aforesaid exhibiting any symptoms of the virus. If I later discover that the aforesaid representation and warranty is false in any manner, I agree to immediately notify Ashbourne Farms and provide as much detailed information as is available.