RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
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, ITS OWNER, THE HORSE OWNER, EMPLOYEES. AND AGENTS (“THE RELEASEES”).
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:
Acknowledge that a horse, pony, 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, girths, halters, or bridles may loosen or break – all of which may cause the handler or rider to fall or be jolted, resulting in serious injury or death.
ACKNOWLEDGE THAT HORSEBACK RIDING IS 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 their training and past performance.
Voluntarily assume the risk and danger of injury or death inherent in the grooming, handling, training, and riding of a horse, and use of saddles, bridles, equipment and gear provided to me by the Releasees. Additionally, voluntarily assume the risk of danger inherent to trick riding, vaulting, doing tricks with horses, traveling to a trailhead or show, loading and unloading a horse, attending or participating in a horse event, riding or walking on trails, engaging with horses, dogs, cats, and other farm animals, participating in games and songs, doing crafts, and any other foreseen and unforeseen risks related to equine, camp, or ranch activities, with the understanding that no one is a spectator when on a ranch.
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.
I certify that I and my minor child have health insurance and that said insurance will be used in the event of any injury.
Release the Releasees from any claim that such Releasees were careless or 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 skills or leading and supervising riders, which resulted in loss, damage, injury or both.
Indemnify, and save and hold harmless the Releasees from and 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 or contributed to by my own negligence.
Expressly agree that the foregoing release and assumption of risk, and indemnity agreement is governed by the laws of the State of Oregon and is intended to be as broad and inclusive as is permitted by Oregon law, and that in 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.
Acknowledge that this 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.
IT IS REQUIRED THAT I, MY CHILD, AND ALL RIDERS WEAR A SEI CERTIFIED PROTECTIVE HELMET.
I have read this document. I understand it is a promise not to sue and to release the stable, the equines’ owners, the program instructors, trainers, owners, employees, officers, trustees, contractors, representatives, clinicians, staff, chaperones, 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 risk involved, and the release and waiver of liability is worth the pleasure of horseback riding experience.
