THIS PAGE CONTAINS A COPY OF THE FETA RULES AND WAIVER THAT IS IN EFFECT. THIS IS FOR REFERENCE PURPOSE ONLY. MEMBERS & GUESTS ACCEPT THESE RULES AND WAIVER via THE ONLINE MEMBER SIGN UP AND RENEWAL PROCESS.
JOINING AGREEMENTS. READ ALL AGREEMENTS and NOTICES BEFORE SIGNING.
FETA RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT
NOTICE OF HELMET REQUIREMENT AND APPLICABLE LAWS
Read Agreement carefully before signing.
In consideration of being permitted to enter into the premises of Foothills Equestrian Trail Association (“FETA”) and/or participate in Equine Activities, I, for myself, my personal representatives, heirs, and next of kin, do acknowledge, appreciate and agree that I am signing this Release, Waiver, Hold Harmless, and Indemnification Agreement (the “Agreement”) as a participant, spectator, visitor, guest, client, lessee, or licensee (collectively, a “Participant”) for the good and valuable consideration of participating in Equine Activities and Recreation on the FETA trails (the “Property”), the receipt and sufficiency of which is hereby acknowledged.
Engaging in Equine Activities, including Equestrian Recreation, is EXTREMELY DANGEROUS. Participants do so for their own enjoyment and at their sole risk. By signing this Agreement, I accept ALL risks of participating in Equine Activities and Recreation, and release and indemnify FETA, landowners and others from any and all liability for accidents or injury, including death.
I hereby acknowledge and agree that:
1. PROTECTED PARTIES ARE NOT RESPONSIBLE. WAIVER, RELEASE, AND INDEMNIFICATION.
I, as an Equine Activity and Recreation Participant, do hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE (i) FETA and its members, board members, officers, servants, agents, or employees; (ii) landowners (including lease or easement holders); nor (iii) any volunteer, person or entity assisting in the event of an accident (collectively and individually the “PROTECTED PARTIES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE PROTECTED PARTIES, OR OTHERWISE but excluding intentional misconduct or gross negligence, while in, or upon the Property. I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian and know that horseback riding and related equine activities are inherently dangerous, and that participation involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property (including my mount & equipment) arising out of the unpredictable behavior of horses; exposure to extreme conditions and circumstances; accidents involving other Participants, staff, volunteers or spectators; contact or collision with other Participants and horses, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of PROTECTED PARTIES; and other undefined, not readily foreseeable and presently unknown risks and dangers (collectively “Risks”). I FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the PROTECTED PARTIES from any loss, liability, damages or costs, including court costs and attorneys’ fees, that I may cause or incur due to my participation, WHETHER CAUSED BY NEGLIGENCE OF PROTECTED PARTIES, OR OTHERWISE but excluding intentional misconduct or gross negligence.
In addition, I agree to reimburse, defend, hold harmless and indemnify the Protected Parties from any injuries and damages arising from MY negligence, recklessness or failure to comply with this Agreement, include subrogation or other actions by third parties.
2. FETA RULES AND RULES AGREEMENT. I hereby agree to abide by the FETA Rules for using the Property at all times, including the rule requiring a negative Coggins test for any horse or equine that I bring upon the Property. I further agree to execute the FETA Rules Agreement concurrently with my execution of this Agreement. FAILURE TO COMPLY WITH THE FETA RULES AND RULES AGREEMENT WILL TERMINATE AND REVOKE PERMISSION TO USE THE PROPERTY.
3. PARENTS/GUARDIANS ARE RESPONSIBLE FOR CHILDREN. The equestrian trails on the Property are not an attractive nuisance and parents are solely responsible for supervising the Equine Activities, including Equestrian Recreation, of their minor children. I will not permit my child to participate in Equine Activities, including Equestrian Recreation, or use the Property without such skill, experience and supervision as I deem necessary for his/her safety. I am responsible for any accident or injury to him/her unless caused solely and exclusively by the personal gross negligence or intentional misconduct of a Protected Party.
WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes.
WARNING: Under South Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activity resulting from an inherent risk equine activity, pursuant to Article 7, Chapter 9, Title 47, Code of Laws of South Carolina, 1976.
4. APPLICABLE LAWS, STATUTORY WARNINGS. Applicable State Equine Activity and Recreational Use statutes apply to this Agreement. No fee for use has been paid to any Protected Party for use of the Property or for Equine Recreation.
5. CUMULATIVE AGREEMENT. This Agreement is intended to provide cumulative protection to the Protected Parties together with any prior agreements I have previously made, which I hereby ratify and affirm.
6. REFORMATION AND SEVERABILITY. Should any provision of this Agreement be or become invalid or unenforceable, such provision shall have no force or effect; however, the remaining provisions shall be and continue to be fully effective.
7. ELECTRONIC SIGNATURE. The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
I hereby state that I am of lawful age to sign this Agreement. I understand that each and every one of the terms are contractual and not a mere recital, and that this document is signed by my own free act. This Agreement shall remain in full force and effect and shall not expire nor require annual renewal.
I HAVE READ AND UNDERSTAND ALLPROVISIONS OF THIS RELEASE AGREEMENT.
I AM GIVING UP LEGAL RIGHTS, CREATING LEGAL OBLIGATIONS, AND ASSUMING RISKS. I HAVE READ AND UNDERSTAND ALL PROVISIONS OF THIS AGREEMENT.
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FETA RULES AGREEMENT
FETA trails are located on private property (the “Property”). FETA has secured permission for its Members to use the Property, but such use is a privilege not a right, and each Member’s and Guest’s use is conditioned on their compliance with this FETA Rules Agreement.
I hereby agree to abide by the following FETA Rules as conditions of FETA Membership and use of the Property:
1. PERMITTED TRAIL USAGE: Permission to use the Property is ONLY for mounted riding or carriage driving by FETA Members and authorized guests during daylight hours when the trails are open and in compliance with these FETA Rules. No use is permitted when the trails are closed. Members are responsible to check trail status (open/closed/restrictions) before every ride by calling 828-859-0133 or checking the private Facebook page. All Members and guests, including minor children, must be competent to independently control their horse under trail conditions. Property use by minors under the age of 8 are not permitted to ride on the Property. Minors between the ages of 8 and 14 may ride on the Property, but must be supervised by a parent, guardian or adult. Minors between the ages of 15 and 17 may ride on the Property without an adult. Members and guests must sign the FETA Waiver Agreement, the terms of which are incorporated herein by reference, (including signatures of a parent or legal guardian of a minor child) and provide a current negative Coggins test for every horse used. A Member Host is responsible for verifying that their guest possesses a current negative Coggins test for their horse.
2. HELMETS. All users MUST wear a safety helmet with harness strap properly secured while on the Property. An SEI Certified ASTM helmet, properly fitted and worn, is recommended as providing the greatest protection from head injuries, including death.
3. BEHAVIOR: Practice safe horsemanship. Treat others with respect and consideration. Walk (left to left) when approaching other riders or others on the trail, around fence lines, and on poor footing. Ride/drive slowly and be as quiet as possible near residences, stables or pastures with animals. Stay on marked trails and the edge of open fields. Obey the posted signs. Leave gates as you found them. Do not eat, drink alcoholic beverages, litter, smoke, or ride/drive with dogs or other animals, including un-mounted horses. No more than six riders may ride together. Do not ride/drive on unmarked trails or in unauthorized places.
4. LANDOWNERS: Be courteous and appreciative to Landowners, and do not disturb them or their animals. Do not request a waiver of a FETA rule from a Landowner. Do not use anything belonging to a Landowner, including rings, jumps, picnic tables, ponds/lakes or boats. Do not pick their fruit, flowers or produce. Landowners or their relatives, employees, guests or animals may be using their trails. DO NOT accost Landowners anyone regarding their use of the trails. Report problems or concerns to FETA. Landowners reserve the right to refuse permission to use their trails to any Member at any time for any reason.
5. FETA MEMBERSHIP, WAIVER AGREEMENT, STANDARDS OF CARE: FETA Members pay dues for the administration, maintenance and repair of the trail system to permit continued Equine Activities, Equestrian Recreation and prevent environmental damage, for membership functions and benefits and for other purposes of the organization. I/we joined FETA and pay dues in order to support the purposes of the organization. As a material part the FETA membership, I/we executed the FETA Waiver Agreement which is incorporated herein by reference. In the event a court of competent jurisdiction refuses to uphold some of the provisions of this Agreement and an issue of applicable law arises, I/we hereby contractually agree to accept the standard of care and limitations of liability contained in the North Carolina and South Carolina Equine Activity, and Recreational Use Statutes, and other federal and state law relating to volunteers, Good Samaritans, and negligence, including limitations due to my/our contributory negligence.
6. MEMBER HOSTS ARE RESPONSIBLE FOR GUESTS. FETA Members may bring Guests on the Property in compliance with the FETA Rules Agreement. Member hosts are responsible for their Guests’ safety and behavior and must accompany them at all times. Member Hosts are legally responsible to (i) FETA and its members, board members, officers, servants, agents, or employees; (ii) Landowners (including lease or easement holders); and, (iii) any volunteer, person or entity assisting in the event of an accident (collectively and individually the “PROTECTED PARTIES”) for damages resulting from their guest’s use of the Property. Member Hosts are responsible for their Guest executing the Guest Waiver Agreement and filing it online or submitting it in paper form prior to the Guest using the Property. As Member Host, you agree to assume legal responsibility for, and indemnify the Protected Parties against, any liability for loss, damage or injury, including death, to you and or your guest unless caused solely and exclusively by the personal gross negligence or intentional misconduct of a Protected Party.
7. GUESTS: FETA must obtain a properly executed Waiver Agreement PRIOR to using the Property. Members may only bring guests who have not directly or indirectly paid for the guest’s recreational use. No commercial use of any type is permitted. Members are legally responsible for their guest(s), including any liability or damages to Landowners resulting from any accident, injury, loss or damage, including death. Local residents may only ride once per month as any Member’s guest. Employees and trainers who use the Property more than once per month must have their own FETA membership. Members must accompany their guests at all times, and are responsible for their compliance with the Rules.
8. TAGS & DECALS: Always display your FETA tag, placing it on the LEFT side of your saddle or bridle. Show your tag upon request of a Landowner, FETA steward or other FETA member. Always display the FETA decal on the driver’s side of your rear window or the lower corner of the driver’s side front window of your towing vehicle - not on your trailer or tinted rear window. Vehicles without decals may be towed.
9. BOARDERS: Boarding stable operators are responsible for ensuring that boarders using the Property join FETA as riding members. The FETA membership of an out of area rider expires when their horse is no longer boarded in the FETA area.
10. COMPLIANCE WITH AGREEMENTS: AS MEMBER, MEMBER HOST, RIDER OR GUEST, I/WE ENGAGE IN EQUINE ACTIVITIES INCLUDING EQUESTRIAN RECREATION FOR PERSONAL BENEFIT AND ENJOYMENT. PERMISSION TO USE THE PROPERTY IS CONTINGENT UPON VALID EXECUTION OF THIS AGREEMENT AND THE FETA WAIVER AGREEMENT, AND COMPLIANCE WITH FETA RULES. USE OF THE PROPERTY IS REVOKED BY FAILURE TO DO SO. I/WE ACKNOWLEDGE THAT PROTECTED PARTIES ARE NOT ABLE TO MONITOR OR ENSURE MY/OUR COMPLIANCE WITH THIS AGREEMENT OR FETA RULES, AND FAILURE TO ENFORCE THE SAME IS NOT A WAIVER OF RIGHTS. USE OF THE PROPERTY WITHOUT CONSENT OR COMPLIANCE WITH THESE AGREEMENTS IS TRESPASSING.
11. TRACKING APPS, DRONES: The use of mapping and tracking technologies such as Ramblr, EquiLab and others that have the private or secret settings/functions enabled for recorded routes are permitted to be used by Members on the Property. These applications may be used to record riding activity and provide safety notifications. Members may share their tracking information with other FETA Members or family members who need to know your location for safety reasons; however, please respect the privacy requests of our Landowners owners who do not want the public to know how to get around their property(s). Except as provided in this section, Members are prohibited from posting, sharing, emailing, publishing or otherwise making public recorded information about their use of the Property. Aerial technology such as drones are not permitted on the Property.
12. VIOLATIONS. Violations of this FETA Rules Agreement may result in a warning, suspension or termination of FETA membership, and termination of guest privileges at the sole discretion of the FETA Board of Directors.
I AGREE TO THESE RULES AND WITH THE DECISION OF THE
BOARD OF DIRECTORS REGARDING THE STATUS OF MY FETA MEMBERSHIP AND MY GUEST PRIVLEDGES.