COVENANT NOT TO SUE,
RELEASE, WAIVER OF CLAIMS, INDEMNITY AND INSURANCE AGREEMENT
(An exculpatory agreement and permanent bar to asserting any claims which exists or may occur.)
This agreement is entered into as a condition of and a part of the consideration for the Masters,
Governors and Members of the Genesee Valley Hunt. Inc. and the same individually, and the
Genesee Valley Hunt, Inc. (GVH) and the property owners and their tenants (landholders) agreeing
to allow me (us) to ride with the GVH Race Meet over certain designated property of the
landholders, or any other involvement with horses, or any activities incidental, attendant, or related
to the foregoing:
I (we) understand and acknowledge that any involvement with horses can be hazardous and that
racing is an athletic event which involves numerous risks of injury and that horses are
often unpredictable and difficult to control.
I (we) voluntarily and expressly assume all risks and dangers of such involvement.
I (we) (my heirs) agree not to sue GVH, or the landholder(s) of property where any of the activities
mentioned above may take place, and I (we) (my heirs) waive and release any and all claims arising
out of such activities or the use of such property, including but not limited to any claims alleging
negligence, breach of contract, strict liability, or otherwise, of GVH, or any such landholder(s).
This
covenant not to sue, waiver and release includes, but is not limited to, bodily injury, death, property
damage, loss, contribution, indemnity or any other claims which I (we) (my heirs) may ever have
against GVH, their agents or employees, or any landholder(s).
I (we) (my heirs) also agree to defend, indemnify and hold harmless GVH and any landholder(s)
involved from any expenses, damages or judgements, including any legal expense, reasonable
attorneys fees, claims for contribution or indemnification, resulting from claims by third parties
arising out of my (our) activities mentioned above, or the use of any property in relation to any such
of my ( our) activities and if applicable, the claims by my ( our) children listed below before or at
majority.
I (we) also acknowledge and agree that I (we) have, or it is our responsibility to obtain and keep in
force, sufficient insurance coverage (including but not limited to liability, health and life) to protect
me (us) from any expense, liability claims, or damages mentioned or included in this agreement and
that whether or not I (we) obtain such insurance and whether or not such insurance is sufficient, the
provisions above shall be fully effective and enforceable and I (we) will be bound and liable
thereunder.