DREAM STAR STABLES, LLC
COMMERCIAL PUBLIC CARRIAGE RIDES RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION & HOLD HARMLESS
Niagara County, New York
1. COMMERCIAL CARRIAGE OPERATION ACKNOWLEDGMENT
This Agreement applies to all public carriage rides, weddings, festivals, private events, lessons, demonstrations, roadside operations, spectators, guests, passengers, and all equine-related commercial activities conducted by Dream Star Stables, LLC.
2. ENHANCED ACKNOWLEDGMENT OF HEIGHTENED RISK
Participant expressly acknowledges that carriage driving presents materially greater and distinct risks than mounted riding including harness failure, rein or trace breakage, axle or wheel malfunction, carriage overturning, bolting while hitched, entanglement, passenger imbalance, roadway hazards, collisions with vehicles, animals, pedestrians, or fixed objects, weather conditions, loud noises, traffic exposure, and inability to immediately dismount in emergency situations.
3. ASSUMPTION OF ALL RISKS
Participant voluntarily assumes ALL risks associated with carriage activities whether known or unknown, foreseeable or unforeseeable, including risks arising from ordinary negligence of Dream Star Stables, LLC, its members, managers, employees, instructors, drivers, grooms, contractors, volunteers, agents, sponsors, affiliates, property owners, and event organizers to the fullest extent permitted by New York law.
4. BROAD RELEASE OF LIABILITY
Participant releases, waives, discharges, and covenants not to sue Dream Star Stables, LLC and all related persons or entities from any and all claims including bodily injury, death, emotional distress, psychological injury, property damage, reputational harm, economic loss, consequential damages, loss of consortium, medical expenses, or business interruption arising from participation, observation, transportation, loading, unloading, boarding, spectating, or presence near horses or carriages except for gross negligence or willful misconduct.
5. THIRD-PARTY INDEMNIFICATION
Participant agrees to indemnify, defend, and hold harmless Dream Star Stables, LLC from any claims, lawsuits, damages, liabilities, attorney fees, settlements, or expenses arising from Participant’s conduct, guests, passengers, children, animals, spectators, or actions during carriage operations.
6. PASSENGER & SPECTATOR SAFETY RULES
Passengers must remain seated while carriage is moving. Standing in a moving carriage is strictly prohibited. No unauthorized touching of horses or equipment. No smoking, vaping, alcohol, or disruptive conduct permitted. Participants must obey all instructions immediately.
7. MINOR POLICY
No minor may participate without signed parent or guardian consent.
8. MEDICAL AUTHORIZATION
Participant authorizes emergency medical treatment and transportation if deemed necessary and accepts full financial responsibility for all related costs.
9. PHOTOGRAPHY & MEDIA RELEASE
Participant grants Dream Star Stables, LLC permission to use photographs, video, audio, and likeness for marketing, advertising, social media, website, promotional, and educational purposes without compensation.
10. WEATHER, ROADWAY & ENVIRONMENTAL HAZARDS
Participant acknowledges exposure to weather, insects, mud, uneven terrain, public roads, traffic, crowds, emergency vehicles, loud noises, fireworks, livestock, dogs, wildlife, and environmental hazards.
11. JURY TRIAL WAIVER
Participant knowingly waives any right to trial by jury in any action arising out of this Agreement or participation in carriage activities.
12. OPTIONAL ARBITRATION CLAUSE
At the election of Dream Star Stables, LLC, any dispute may be resolved through binding arbitration in Niagara County, New York.
13. CORPORATE SHIELD & LIMITED LIABILITY
Participant acknowledges Dream Star Stables, LLC is a New York limited liability company. No member, manager, officer, or employee shall be personally liable. Recovery shall be limited solely to LLC assets.
14. NEW YORK EQUINE ACTIVITY LIABILITY ACT NOTICE
Under New York law, an equine professional is not liable for injury to or death of a participant resulting from the inherent risks of equine activities pursuant to Article 18 of the General Obligations Law.
15. GOVERNING LAW & VENUE
This Agreement shall be governed exclusively by New York law. Venue shall lie exclusively in Niagara County, New York.
16. ENTIRE AGREEMENT & SEVERABILITY
This document constitutes the entire agreement. If any provision is unenforceable, all remaining provisions shall remain in full force and effect.