In consideration of engaging in this Activity, as offered by Giving Alternative Learners Uplifting Opportunities, Inc. (“GallopNYC”), I, as the Participant or the Participant’s parent/guardian, acknowledge and agree to the following:
1. *Risks of Activity:* Acknowledge that a horse or pony (generically referred to as “horse”) may, without warning or any apparent cause,buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, and push or shove a person, and that saddles or bridles may loosen, slip or break, all of which may cause the rider to fall or be jolted resulting in serious injury or death to the Participant or any person within close proximity of a horse;
2. *Nature of Activity:* Acknowledge that this Activity is a dangerous activity and involves numerous obvious and non-obvious inherent risks that may cause serious injury, and in some cases, death because of the unpredictable nature and irrational behavior of horses regardless of their training and past performance; Acknowledge that this Activity is instructional and not recreational and that GallopNYC’s facility for Activity is not a place of amusement or recreation, but of instruction and does not fall within the scope of New York General Obligations Law, § 5326;
3. *Assumption of Risk:* Certify that the Participant is fully capable of participating in this Activity and acknowledge that the undersigned Participant, Parent and/or Guardian voluntarily assumes the risk and danger of loss, injury, accident, illness, paralysis, loss of personal property, or death and expenses thereof as a result of this Activity or the use of the horses, equipment, and gear provided to the Participant for this Activity;
4. *Safety Equipment:* Acknowledge and agree that the Participant who is engaged in a GallopNYC activity will wear a safety helmet that meets or exceeds the ASTM F1163 equestrian standard; additionally, if the helmet is provided by the Participant, the helmet will meet the above standard;
5. *Digital Risks:* In the case of virtual or internet-based activities, acknowledge that participation in digital programming may expose the Participant or others with access to digital media to harassment or breaches of privacy, cyberbullying or cyber theft and that it is the responsibility of the Participant to protect against these risks.
6. *Waiver of Claims:* Expressly WAIVE any claim, lawsuit, complaint, charge, or cause of action against GallopNYC, its agents, therapists, board of directors, aides, employees, officers, volunteers, and affiliated organizations by the Participant, Parent and/or Guardian, as applicable, for any loss, legal liability, damages or costs whatsoever arising out of or related to any loss, injury, accident, illness, paralysis, loss of personal property, or death to the Participant, and to other persons as a result of the Participant’s participation, including medical expenses, in this Activity;
7. *Release of Liability:* RELEASE GALLOPNYC from any claim that GallopNYC was negligent in connection with the Participant’s participation in this Activity, including but not limited to, training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills or leading and supervising riders or the use of any equipment provided by GallopNYC or being on the premises on which GALLOPNYC operates, which result in loss, damage, injury or death;
8. *Indemnity:* INDEMNIFY AND SAVE AND HOLD HARMLESS GallopNYC from and against any loss liability, damage or cost GallopNYC may incur arising out of or in any way connected with the Participant’s handling or riding a horse and/or use of saddles, bridles, equipment, and gear provided therewith from or contributed to by the Participant’s or Undersigned’s own negligence; and
9. *Governing Law:* Expressly AGREE that this Release and Waiver of Liability is governed by the State of New York and is intended to be as broad and inclusive as is permitted by New York law, and that in the event any portion of this Release and Waiver of Liability is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Release and Waiver of Liability shall continue in full legal force and effect.
