HOPE’S HAVEN RESCUE/HOPE IN OUR EYES EQUINE FACILITATED WELLNESS AND AMY LIPPUT, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.

Warning-Under New Jersey Law, an 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, NJSA 5:15-1 to 515-1 12. 

In consideration to being permitted to enter for any purpose any HOPE’S HAVEN RESCUE or HOPE IN HER EYES, LLY EQUINE FACILITATED WELLNES AND AMY LIPPUT (herein defined as including but not limited to the property commonly know as HOPE’S HAVEN RESCUE intended for equine care, equine therapy and all walkways, arenas, bathrooms, parking, and other areas appurtenant to any area where any activity related to the foregoing shall take place) or being permitted to officiate, compete, observe, work for or for any purpose participate in any event, training sessions or other action, EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, assigns and next of kin acknowledges, agrees and represents that he has, or will immediately upon entering any of such restricted area and will continuously thereafter inspect such restricted areas and all portions thereof which he enters and with which he comes in contact, and he does further warrant that his entry upon such restricted are or areas and his participation in any in the event constitutes an acknowledgement that he has inspected such restricted area and that he finds and accepts the same as being safe and reasonably suited for the purposes of use, and he further agrees and warrants that if, at any time he is in or about restricted arrears and he feels anything to be unsafe, he will immediately advise the officials of such and will leave the restricted areas: 

1. HEREBY RELEASES AND WAIVES, DISCHARGES AND COVENANTS NOT TO SUE HOPE’S HAVEN RESCUE/HOPE IN HER EYES EQUINE FACILITATED WELLNESS AND AMY LIPPUT or any subdivision thereof, arena operators, owners, officials, and any persons in any restricted area, promoters, sponsors, advertisers, overs and lessees of premises and each of them, their volunteers, officers and employees, all for the purposes herein referred to as “RELEASES”, from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss of damage and any claim or demands thereof, account of injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease (including without limitation COVID-19, any variant thereof or any like virus or pandemic), death, property loss or damage, or any other loss of any kind whatsoever, whether caused by the negligence of the releasees or otherwise while the undersigned is in or upon the restricted area for any purpose whatsoever; 

2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability damage, or cost they may incur, including without limitation reasonable attorney’s fees, due the presence of the undersigned in or upon the restricted area or in any way competing, officiating, training, observing, participating, or working for, or for any purpose and whether caused by the negligence of the releases or otherwise; 

3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while on or upon the restricted area and/or while competing, officiating, observing, or working for or for any purpose participation in the event or sessions. 

4. HEREBY UNDERSTANDS AND AGREES that whenever used in this WAIVER, the singular shall include the plural and vice versa, and the use of any gender shall include all genders and the neuter. Furthermore, the undersigned has in fact reviewed this WAIVER and the rule of construction to the effect that “any ambiguities are to be resolved against the drafting party” shall not be employed in the interpretation of this WAIVER. 

5. CONSENT TO PARTICIPATE IN EQUINE THERAPY/EQUINE LEARNING AND WAIVER OF LIABILITY. 

I hereby request that the client/participant below name be accepted to HOPE’S HAVEN RESUE/HOPE IN HER EYE’S EQUINE FACILITATED WELLNESS, LLC. It acknowledged that the participant and the operator have explained in detail the scope of services and benefits that Neuro-BASED EQUINE THERAPY SESSIONS offer including the potential for injury which can occur being near or working in activities with horses, THEREFORE,

EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities taking place in the Restricted Area may be inherently dangerous and involve the risk of significant injury and/or death and/or property damage. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement in intended to be as broad and inclusive as is permitted the law of the State of New Jersey, in which the event/session is conducted, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made. I HAVE READ THIS DOCUMENT AND I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS. I UNDERSTAND I ASSUME ALL RISK INHERENTLY INVOLVED IN BEING WITHIN THE RESTRICTED AREA AND EQUINE SESSIONS. 

I VOLUNTARILY SIGN MY NAME EVIDENCING MY ACCEPTANCE OF THE ABOVE PROVISIONS.

I have read and understand the foregoing RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and, by affixing my signature hereto, acknowledge and agree to all of the terms and conditions therein.

*If the participant is a minor, I, the parent or guardian, have read and understand the foregoing RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and by affixing my signature hereto, acknowledge and agree to all of the terms and conditions

contained therein on behalf of myself and my child, and agree to be personally bound thereby.