ASSUMPTION OF RISK
The Participant agrees and/or their representative is aware that riding, handling, or working with animals can be very dangerous, with a high risk of serious injury or death, to both the participant and the animals(s). There are inherent risks of property damage, injury, or death in this activity that no amount of care, caution, instruction, or experience can eliminate. The participant is also aware that any interaction or handling of farm animals is an unpredictable activity. Such dangers can include but are not limited to being stepped on, bitten, kicked, dragged, run into, head-butted, jumped on, etc.
ASSUMPTION OF RISK - Nature Conditions
In addition to the above risks, The Participant agrees and/or their representative understands there are natural risks that Solid Ground EAATC cannot control. These risks include, but are not limited to, loose dogs, horses, animals, and other unpredictable event activities that may cause unpredictable behavior from animals. Nature conditions including, but are not limited to, earthquakes, fire, lightning, thunder, extremely heavy winds, rain, snow, sleet, hail, mud, etc. The Participant and/or their representative agrees freely to assumes all risks, including any negligence by Solid Ground EAATC.
The Participant agrees and/or their representative recognizes that the risk of serious injury is increased by not following the stated guidelines - and recognizes that there is a significant element of risk involved in the handling of animals and horseback riding. The Participant agreed to follow rules and instructions by Solid Ground EAATC personnel and will comply with all program rules & terms.
The Participant agrees and/or their representative to indemnify and hold harmless Solid Ground EAATC from all losses, claims, actions, causes of actions, or proceedings of any kind which may be initiated by participants or by any other person or organization on Event Attendee’s behalf, including demands for damages, judgments, costs, loss of services, or expenses arising from activities contemplated by this agreement, including but not limited to reasonable attorney fees incurred by Solid Ground EAATC.
RELEASE OF LIABILITY
The program at Solid Ground EAATC located at 630 Griffith Lane, Klamath Falls, Oregon 97603; provides small animal, farm, equine-assisted activities, and horse-riding activities. No student will be accepted for riding instruction and no volunteer accepted for service until this form has been read, understood, completed, and signed by the parent(s), caregivers(s), and/or guardian(s) of a minor, or if the student or volunteer is of legal age and sound mind, by the student or volunteer.
Participation in the program is under strict supervision and every effort is made to avoid injury or accident, the undersigned acknowledges the inherent risks involved in riding and working around horses and animals. I have read and consented to the Assumption of Risk and Release of Liability. In consideration for being permitted to participate in horse-related and animal-related activities by Solid Ground EAATC, The Participant and related parties do forever discharge and release from legal liability and not to sue Solid Ground EAATC for any injuries or property damage caused by or resulting from any access to Solid Ground's horses or farm animals, including incidents arising out of Solid Ground EAATC’s negligence.
ORS 30.691 LIMITATIONS ON LIABILITY; EXCEPTIONS.
(1) Except as provided in subsection (2) of this section and ORS 30.693, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693, no participant or participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine.
(2)(a) The provisions of ORS 30.687 to 30.697 do not apply to any injury or death arising out of a race as defined in ORS 462.010.
(b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional:
(A) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(B) If the equine activity sponsor or the equine professional intentionally injures the participant;
(C) Under the products liability provisions of ORS 30.900 to 30.920; or
(D) Under ORS 30.820 (Action against the seller of a drugged horse) or 608.015
APPLICABILITY TO LANDOWNER AND LESSORS
The Participant and their legal representative, and on behalf of my spouse, heirs, assigns, personal representatives, and next of kin, hereby release and hold harmless, Solid Ground Equine Assisted Activities and Therapy Center, the host organization and facility, any owners, sponsors, volunteers, employees, agents, officers or directors of the above organizations, and if applicable, landowners and lessors of premises used to conduct the event (collectively the “Releasees”) concerning all injuries, disabilities, loss of life or damage to person or property occurring or arising out of participation in the program. I agree to release any liability by the Solid Ground EAATC or any of the organizations or persons connected with the above-named facility.
I have read this Assumption of Risk and Release of Liability Agreement, fully understand its terms, understand that I have given up substantial rights by signing it and sign it freely and voluntarily without any inducement. If the participant is under the age of 18, this certifies that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the releasees, and, for myself, my spouse, my heirs, assigns, and next of kin, I forever release and agree to indemnify, defend and hold harmless the releasees from all liabilities as set forth above arising out of or occurring from my minor child’s involvement or participation in Solid Ground EAATC activities organized or sponsored or run by any of the releasees, their agents or representatives.