RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Talking Horse Stables, 5165 Green River road, Corona, CA. 92880
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU (AND YOUR CHILD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF THE STABLE, IT’S OWNER, EMPLOYEES AND AGENTS (“THE RELEASEES”)
I, __________________________________on behalf of myself (and my minor child____________________________________
Reside at__________________________________, in____________________________________________________________
[Street Address] [City] [State] [Zip]
In consideration for allowing me (or my minor child) to handle and ride a horse and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY:
1. Acknowledge that a horse or mule may, without warning or any apparent cause, buck, stumble, trip, roll, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, saddles or bridles may loosen or break - all of which may cause the rider to fall or be jolted, resulting in serious injury or death.
2. ACKNOWLEDGE THAT HORSEBACK RIDING IN AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses, regardless of training and past performances.
3. Voluntarily assume the risk and danger of injury or death inherent in the handling or riding of the horse, and use of saddles, bridles, equipment and gear provided to me by the Releasees.
4. Release, discharge and promise not to sue the Releasees for any loss, damage, injury (including death) or cost to my or my child’s person or property arising out of riding or handling a horse, or use of saddles, bridles, equipment or gear provided by the Releasees.
5. Release the Releasees from any claim that such Releasees were negligent in connection with my or my child’s riding a horse, including but not limited to training or selecting horses, maintenance, care, fit or adjusting of saddles or bridles, instruction on riding skill or leading and supervising riders, which resulted in loss, damage, injury or both.
6. Indemnify, and save and hold harmless the Releasees from any against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my or my child’s handling or riding the horse and/or use of any saddles, bridles equipment or gear provided therewith resulting from contributed to by my own negligence.
7. Expressly agree that the foregoing release and assumption of risk, and indemnity agreement is governed by the laws of the State of Colorado and is intended to be as broad and inclusive as is permitted by Colorado law, and that the event any portion of this Agreement is determined to be invalid or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
8. Acknowledge that his document is a contract and agree that if a lawsuit is filed against the Releasees for any injury or damage in breach of this contract, I will pay all attorneys’ fees and costs incurred by the Releasees in defending such an action.
9. Participant hereby grants to the Host, its representatives, and employees the right to take photographs and video of Participant in connection with Participant’s participation in the Programs. Participant hereby authorizes the Host to copyright, use, and publish thee publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
10. IT IS RECOMMENDED THAT I, MY CHILD AND ALL RIDERS WEAR A PROTECTIVE HELMET. IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN OR MY CHILD’S SAFETY.
I (and my for my child) decline to wear a helmet (please initial here):__________
11. If the person who is to enter into this Agreement is under eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on behalf of the minor
I have read this document. And I understand it is a promise not to sue and to release the stables, it’s owners, employees and agents, for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasees allowing me or my child to ride or handle a horse. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of horseback riding experience