This Release and Indemnification is granted by the undersigned individual, the
“Student”) or the Student’s parent, or legal guardian if the Student is under the age of eighteen (the “Student’s Parent”), to
Misty Meadows Foundation, Inc. (the “Foundation”), owner of 55 Misty Meadows Lane, West Tisbury, MA (Assessor
Map 26, Parcel 20) (the “Property”), and Misty Meadows Equine Learning Center, Inc., the entity that is running and
overseeing the Activities as defined below.
In consideration for allowing the Student to use the Property for various equine activities, including but not limited to riding,
training, caring for or taking lessons with horses, engaging in therapeutic activities, or viewing any such activities, whether
the horses are owned by the Student, by the Foundation, by Misty Meadows, or by others (together, the “Activities”), the
Student and the Student’s Parent hereby acknowledge and agree, for themselves and their heirs, executors, administrators,
and spouses, descendants and parents if applicable, that they will not sue or otherwise hold liable, and that they will
indemnify, defend and hold harmless, the Foundation, Misty Meadows, and any of the Foundation’s or Misty Meadow’s
members, officers, directors, shareholders, agents, employees, contractors, representatives, volunteers, or related entities,
for and from any death or injury to themselves or to others, or for any damage to property, however caused, arising out of
or in any way related to the Activities or the use of the Property by the Student or the Student’s Parent or their guests, agents
or representatives, to the fullest extent allowed by law.
The Foundation and Misty Meadows will not permit the Student and the Student’s Parent to utilize the Property for the
Activities without the execution of this Release and Indemnification, which is of material significance to the Foundation.
As used herein, the word “horse” shall include horses and ponies of every kind.
The Student / the Student’s Parent hereby acknowledges that the Activities are “equine activities”, that the Foundation is an
“equine activity sponsor”, that Misty Meadows and its representatives are “equine activity sponsors” and/or “equine
professionals”, and that the Student / the Student’s Parent is a “Student”, all as defined by Massachusetts General Laws
Chapter 128, Section 2D.
The Student / the Student’s Parent acknowledge and understand that horses and activities related to horses are inherently
dangerous and that there are dangers and risks which are an integral part of equine activities, including but not limited to
the propensity of horses to behave in ways that may result in injury, harm or death to persons on or around them; the
unpredictability of a horse’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other
animals; certain hazards such as surface conditions and subsurface conditions; collisions with other horses, animals and
objects; and the potential of the Student or the Student’s Parent or others to act in a negligent manner that may contribute
to injury to themselves or others. The Student / the Student’s Parent acknowledge and agree that these are just some of the
risks associated with the Activities, that the Student / the
Student’s Parent is not relying on the Foundation or Misty Meadows to list all of the possible risks associated
with the Activities, and that, despite these inherent risks, the Student / the Student’s Parent has chosen to engage
in the Activities at the Property.
The Student / the Student’s Parent represent that they have voluntarily chosen and desire to use the Property and engage in
the Activities, that they will not engage in any activities if they are unable to safely do so, and that they will comply with
all directions, requirements and rules imposed by the Foundation and Misty Meadows. In case of injury to the Student or
the Student’s Parent while at the Property, the Student / the Student’s Parent authorizes Misty Meadows to seek medical
care for them. The Student and the Student’s Parent acknowledge that they shall be solely responsible for the payment of
medical costs associated with such care.
This Release and Indemnification shall be interpreted in accordance with the laws of Massachusetts. No waiver by any party
of any breach by any other party of, or failure of any party to comply with, any condition or provision of this Release and
Indemnification shall be deemed a waiver of any other breach or failure. The invalidity of any provision of this Release and
Indemnification shall in no way affect the validity of any other provision.
I have read this document in complete detail and have had an opportunity to consult with an attorney if I have chosen to do
so. I understand that it is a promise not to sue and a release and indemnity for all claims, and I understand all consequences
of signing this release and indemnity.
This Release and Indemnification shall be binding upon me each and every time I engage in any of the Activities,
without the need for re-execution. I hereby execute this Release and Indemnification as an instrument under seal,
for myself and my spouse, descendants, parents, heirs, executors and administrators.