Volunteers agree to be bound by the following terms of this Volunteer Release, Assumption of Risk, Waiver of Liability and Indemnification Agreement:
By signing below the Volunteer and/or Guardian of the Volunteer agrees to the following Volunteer Release, Assumption of Risk, Waiver of Liability and Indemnification Agreement (the “Release”) in favor of THE SPORT AND ENTERTAINMENT CORPORATION OF MARYLAND dba THE RACES AT FAIR HILL ("THE SPORT CORP"), with regard to the Volunteer’s participation in the 2025 THE RACES AT FAIR HILL (the “Event”). The Volunteer, desires to work as a volunteer for THE SPORT CORP and engage in activities related to being a volunteer for the Event. The Volunteer hereby freely and voluntarily, without duress or coercion, execute this Release under the following terms:
The Volunteer hereby freely and voluntarily, without duress or coercion, execute this Release under the following terms:
1. Indemnification. The Volunteer shall indemnify, defend and hold harmless THE SPORT CORP, Cecil County Breeders Fair, each Federation (including but not limited to the National Steeplechase Association, the Maryland Racing Commission and the Maryland Jockey Club) the Maryland Department of Natural Resources, and each of their respective members, directors, officers, agents, volunteers, partners and employees (the “THE SPORT CORP Indemnified Parties”) from and against any and all demands, claims, suits, actions or proceedings brought against an THE SPORT CORP Indemnified Party, including all fines, judgments, settlements, penalties, liabilities, losses, costs and expenses (including reasonable outside attorney’s fees and expenses) suffered by an THE SPORT CORP Indemnified Party in connection with (i) a breach or default of this Release by Volunteer, including the inaccuracy of any warranty or representation by Volunteer; (ii) the negligence or willful misconduct of Volunteer in connection with the Event and/or this Release; and/or (iii) the violation of any law or regulation in connection with this Release and/or the Event by Volunteer; provided, however, that such indemnity shall not apply to the extent caused by any THE SPORT CORP Indemnified Party’s breach of this Release, negligence, gross negligence or willful misconduct, or materials provided by or on behalf of an THE SPORT CORP Indemnified Party.
2. Waiver and Release. The Volunteer releases and forever discharges and holds harmless (and releases and covenants not to sue or threaten to sue) THE SPORT CORP Indemnified Parties and its successors and assigns from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from or in connection with (directly or indirectly) my volunteer work with or for the Event and/or my attendance at the Event. The Volunteer understands and acknowledges that this Release discharges all THE SPORT CORP Indemnified Parties from any liability or claim that the Volunteer on behalf of myself, my family members, my heirs, personal representatives and/or assigns, may have against an THE SPORT CORP Indemnified Party, or its officers, directors, employees, volunteers, partners, agents and/or others, with respect to bodily injury, personal injury, emotional distress, illness, death, property damage (including injury or damage to any horse owned or used by Volunteer), or any other claim that may result from Volunteer’s activities with the Event, whether caused by the negligence of an THE SPORT CORP Indemnified Party or its officers, directors, employees, volunteers, partners, agents, and/or others, or caused otherwise. The Volunteer also understands that any THE SPORT CORP Indemnified Party does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury, emotional distress, illness, death, property damage or any other claim. The Volunteer also agrees to hold harmless, defend, and indemnify all THE SPORT CORP Indemnified Parties (including but not limited to, costs associated with defending a suit, judgment, court costs, investigation costs, and reasonable attorney fees) from any and all claims of the Volunteer, my family members, my heirs, personal representatives, assigns and/or others arising from my injury or loss due to my work as a volunteer for the Event.
3. Assumptions of Risk Involving Equine Activities. The Volunteer understands and assumes the inherent risks involved in equine activities, which risks include, but are not limited to, bodily injury, physical harm and even death from using, riding or being in close proximity to horses. The Volunteer acknowledges that the behavior of any animal is contingent to some extent upon the ability of the handler or rider. Further, the Volunteer understands that “inherent risks of equine activities” shall mean those dangers or conditions which are an integral part of equine activities, including, but not limited to: (a) the propensity of any equine to behave in ways that may result in injury, harm or death to persons on or around them and/or damage to the property in their vicinity; (b) the unpredictability of an equine’s reactions to such things as sounds, sudden movements and unfamiliar objects, persons or other animals; (c) certain hazards such as surface and subsurface objects; (d) collisions with other equines, animals, people and objects (fixed or otherwise); (e) limited availability of emergency medical care; (f) and the potential of a participant, volunteer, or spectator to act in a negligent manner that may contribute to injury to the participant, volunteer, spectator or others, such as failing to maintain control over the equine or to act within his/her ability. Accordingly, in addition to the releases below, the Volunteer (on behalf of itself and each of its employees, family members, heirs, personal representatives and assigns) hereby releases each of THE SPORT CROP Indemnified Parties from any and all liabilities and claims arising out of and/or in connection with this Agreement and/or the Event (including negligence).
The Volunteer understands that the volunteer work for the Event may include activities that may be hazardous to the Volunteer. The Volunteer hereby expressly and specifically assumes the risk of injury or harm in the activities the Volunteer participates in and releases all THE SPORT CORP Indemnified Parties from all liability for injury, emotional distress, illness, death, property damage and/or any other claim resulting from or in connection with the activities of the volunteer work for the Event and/or Volunteer’s attendance at the Event.
4. Non-Disparagement. The Volunteer agrees that during and after the Event, it shall not make any statement (nor shall it authorize any statement) that disparages THE SPORT CORP, the Event(s), and/or any of their respective employees, officers, directors, participants, partners, or contractors.
5. Other. The Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Maryland(without regard to any choice of law provisions), regardless of the fact that any of the parties hereto may be or may become a resident of a different state or jurisdiction, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Maryland. The Volunteer agrees that in the event any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.