269-353-5361
This RELEASE of LIABILITY is made and
entered into on this________day of ______________, , by and between_Lisa Augustyniak and Stacy
Hess/Lalo Deloya, hereinafter designated MANAGER and
____________________________________, hereinafter designated RIDER; and, if
Rider is a minor, Rider’s parent or guardian,
________________________________. In
return for the use, today and on all future dates of the property, facilities
and services of the Manager, the Rider, his heirs, assigns, and legal
representatives, hereby expressly agree to the following:
It is responsibility of the rider to
carry full and complete insurance coverage on his horse, personal property, all
equipment (this includes horse trailers), tack, and himself.
Rider agrees to assume any and all
risks involved on or arising from rider’s use of or presence upon manager’s
property and facilities including, without limitation but not limited to, the
risks of death, bodily injury, property damage, falls, kicks, bites, collisions
with vehicles, horses or stationary objects, fire or explosion, the
unavailability of emergency medical care, or the negligence or deliberate act
of another person an act of god, fire, theft, or any weather conditions.
Rider agrees to hold manager and all of
its successors, assigns, subsidiaries, franchisees, affiliates, officers,
directors, employees and agents completely harmless and not liable and release
them from all liability whatsoever and agrees not to sue them on account of or
in connection with any claims, causes of action, tort action, injuries,
damages, costs or expenses arising out of rider’s use of or presence upon
manager’s property and facilities, including without limitation, those based on
death, bodily injury, loss to person, property or animal, property damage,
including consequential damages.
Rider agrees to waive the protection
afforded by any statute or law in any jurisdiction whose purpose, substance and/or
effect is to provide that a general release shall not extend to claims,
material or otherwise, which the person giving the release does not know or
suspect to exist at the time of executing the release.
Rider agrees to indemnify and defend
manager against, and hold it harmless from any and all claims, causes of
action, damages, judgments, costs or expenses, including attorneys’ fees, which
in anyway arise from rider’s use of or presence upon the manager’s property and
facilities.
Rider agrees to abide by all managers’
rules and regulations.
The horse shall be free from infection,
contagious or transmissible disease.
Manager reserves the right to refuse horse if not in proper health or is
deemed dangerous or undesirable. You
will have seven days from the notification to remove your horse from our
stable.
This contract is non-assignable and
non-transferable and is made entered into the state of
I have no questions, have read and I
understand the entire above stated wording and warnings.
Any of the
following conditions that might result in injury, harm, or death to person on
or around any equine:
The
propensity of an equine to behave in ways that may result in injury, death, or
loss to persons on or around the equine.
Not
responsible for injury or death cased to anyone by another horse or to your
horse by another horse, even in the event of an accident.
The boarder
agrees to a waiver of the farm’s liability for personal injuries or injuries to
the horse.
Stable
assumes no responsibility or liability for any and all personal injury to the
rider or anyone associated with the riding or care of any horse or horses at
this stable.
Owner bears
the risk of loss, death, injury, stolen, ran away, fleeing off, got out on own,
went through our fencing, away from an employee.
If owner
cannot be reached and the horse needs to be euthanized by your veterinarian to
allow the horse to be put down in the event of need, owner will be responsible
for the bills incurred for these services.
Stable is not responsible for your vets decision.
Providing
faulty equipment, failing to make a reasonable determination about individuals
ability, failing to warn of specific hazards on the premises or intentionally
Other equine activities including training, teaching, instructing, testing or
evaluating, inspecting, boarding and daily care, loading and unloading or
transporting, removal and replacement of horseshoes, any farrier care (hoof
trimming), any assisting with veterinary treatment or care, medical or
maintenance care.
If the injury
was wholly or partly your fault-perhaps by using unsafe teaching procedures, or
teaching a lesson in an unsafe environment or using a lesson horse which you
knew has unsafe habits.
In any equine
event or an event or carelessness is particularly severe, “gross negligence” or
“willful negligence.”
I shall bring
no claims, recover, demands, actions and causes of action, and/or litigation,
against this stable for any economic and non-economic losses due to bodily
injury, death, property damage, sustained by me and/or my minor child or legal
ward in relation to the premises and operations of this stable, (including)
while riding, handling, or otherwise being near horses owned by or in care,
custody and control of this stable.
Rider by his
or her own conduct has assumed the risk of such an accident occurring.
The riding,
inspecting, or evaluating of an equine owned by another person, regardless of
whether the owner has received anything of value for the use of the equine or
is permitting a prospective purchaser of the equine to ride, inspect, or
evaluate it.
All applies
mounted or not mounted!
Being a
passenger upon an equine, or spectator at an equine activity.
The
unpredictability of an equine reaction to sounds, sudden movement. Unfamiliar
objects, persons, or other animals.
A collision
or colliding with another equine, another animal, pedestrians, or an object.
Hazards,
including, but not limited to, surface or subsurface conditions.
The harm
involved by a dangerous latent condition on the land on which or the premise at
which harm occurs. The owner, tenant, of
lessee knew failed to exercise reasonable care to make the condition safe, or
to warn the person of the condition or risk.
The potential
of a participant to act in a negligent manner that may contribute to injury to
the participant or others, such as failing to maintain control over the animal
or not acting within his or her ability or actions.
The
propensity of horses to behave in anyway.
If a person
is on, or near a horse, the person simply by their actions are assuming any and
all risks associated with equine activities.
Under the
______________________________________ _______________________________
RIDERS
SIGNATURE Manager
signature
______________________________________
Parent /
Guardian signature (if rider minor)
Full Address
& Telephone ____________
________
Horse(s) Name
/Gelding-Mare
_______________________________________ _______________________________
_______________________________________ _______________________________
_______________________________________ _______________________________
_______________________________________ _______________________________
If the owner
of the horse(s) is not Stacy Hess/Lalo Deloya or Hillcrest Equestrian Center or
it’s representatives the owner must sign off below and shall be held harmless
for any and all injuries that may occur.
Have a wonderful ride & always think safety first! J