I, the undersigned, and, if I am a person under 18 years of age, my parent/guardian and I (hereafter “I”), desire to participate in recreational activities involving horses at the Rim Rock Riders Ranch Equestrian Center in Powell Butte, Oregon. As a condition of my participation in these equine activities, I agree to the following legal restrictions.
For the purpose of this LIABILITY RELEASE agreement, the term “Releasee” means Rim Rock Riders. The term “Activities” means riding or being mounted on any horse, and/or leading, following, walking, adjacent to, or otherwise being in the presence of any saddle horses, draft horses or other horses at the Rim Rock Riders and the participation in any other general ranch related activities I participate in at Rim Rock Riders.
ASSUMPTION OF RISKS; WARRANTIES AND ACKNOWLEDGEMENTS:
I understand that the Activities involve SIGNIFICANT RISK OF PROPERTY DAMAGE, SERIOUS BODILY INJURY (INCLUDING PARALYSIS), OR DEATH.
1. I agree to ASSUME ALL RISKS AND RESPONSIBILITIES associated with the Activities, including, but not limited to, risks of injury and responsibility for all falls, accidents, bodily injury (including paralysis), death, and/or property damage, including all risks of bodily injury (including paralysis), death or damage to property resulting from any active or passive negligence on the part of any Releasee.
2. I warrant and represent that I am in good health. I agree that I am responsible for my own safety and I shall accept and abide by the rules and regulations of the Activities. I shall follow all instructions and directions from Rim Rock Riders personnel and agree to ask questions to clarify any issues about which I am uncertain.
3. I understand that helmets may be required for some of the Activities and I agree to wear a helmet at all times when requested by Rim Rock Riders.
4. I acknowledge that by their nature, horses are unpredictable and may, without warning or any apparent cause, buck, stumble, fall, bite, kick, step on, run off, spook, jump, throw their heads, and otherwise make an unpredictable movement that causes injury to a rider/participant.
5. Horseback riding is classified as a “Rugged Adventure Recreational Activity” and there are numerous obvious and non-obvious inherent risks present in such an activity despite the implementation of safety precautions. I acknowledge that my participation in the Activities is dangerous and involves risks that may cause physical or emotional injury or death, due to the unpredictable and irrational behavior of horses.
6. I acknowledge that this LIABILITY RELEASE agreement is effective for all days of my participation in Activities at and visits to the Rim Rock Riders and is legally binding.
7. I acknowledge that Releasee is not responsible for total or partial acts, occurrences, or elements of nature or acts of man that can cause horses to react in a way that results in a physical or emotional injury or death of a rider/participant.
8. By executing this LIABILITY RELEASE agreement, I am voluntarily assuming all risks and danger of physical or emotional injury or death inherent in the Activities.
9. I UNDERSTAND THAT I AM FINANCIALLY RESPONSIBLE FOR ANY AND ALL DAMAGE THAT I MAY CAUSE. I understand that if I damage equipment, I will be financially responsible for all costs for repair. I further understand that the damage costs may not be determinable prior to the end of my visit. Accordingly, I specifically authorize and consent to the costs of repair and other fees being charged.
RELEASE OF LIABILITY, WAIVER AND INDEMNITY AGREEMENT:
In consideration of my participation in the Activities, I agree to the following terms and conditions:
1. I agree to forever waive and release each Releasee from any and all claims, damages, rights of action, from any cause whatsoever including any negligence on the part of Releasee, breach of contract, or breach of any statutory or other duty of care on the part of Releasee, for any injuries, losses and/or damages resulting in any way from my participation in any of the Activities or proximity thereto, which may arise or occur to myself.
My release includes all claims regarding negligence of Releasee, equipment failure, or any other participant activities.
This LIABILITY RELEASE agreement shall be in effect and be binding on my heirs, next of kin, executor, administrators, insurers, assigns and representatives in the event of my death or incapacity.
2. This Liability Release shall include negligence in connection with any injury I may suffer, judgments made about my experience, selection and maintenance of equipment, corrals or other man-made or natural features.
3. I authorize Rim Rock Riders to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital Rim Rock Riders shall have no further responsibility for me. Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold Rim Rock Riders harmless of and from any costs incurred therewith.
4. I agree to hold harmless, defend and indemnify each Releasee from any and all liability for any property damage, bodily injury or death resulting from my participation in the Activities.
5. This LIABILITY RELEASE agreement shall be governed by the laws of the State of Oregon and any claim, demand, action or other litigation shall be brought solely in Crook County, Oregon.
6. This LIABILITY RELEASE agreement shall be binding to the fullest extent permitted by law. If any provision of this LIABILITY RELEASE agreement is found to be unenforceable, the remaining terms shall be enforceable. I am entering into this agreement of my own free will. I am under no legal disability and I am not relying on any oral or written representations or statements made by Rim Rock Riders with respect to the safety of the Activities, other than as set forth in this document.
7. If applicable to particular event, I agree to read the Rules of Participation before commencing and agree to comply with them, along with any directions from Rim Rock Riders personnel.
8. I agree to abide by the judgment of Rim Rock Riders personnel and/or member(s) and will cooperate in being removed from the activity when told that my behavior is not acceptable for the safety and/or pleasure of the other participants or animals.