This release is between William C. Stevens, Janice L. Stevens, Marcus H. Stevens, Nancy P. Stevens, Circle Bar Cattle Co, LLC, and Fort Howes Endurance Rides, Inc., a Montana nonprofit corporation, (all herein referred to as the "Releasees") whose address is 5 Fort Road/11 Taylor Creek Road; Ashland, MT 59003 and the below listed rider, owner, and/or parent/guardian of minor ("Releasor"), an invitee to the Circle Bar Ranch, Powder River County, Montana and a guest of Releasees.
The Releasor acknowledges that Releasor has read the full text of Montana Code Annotated 70-16-302 and Montana Code Annotated 27-1-725 through Montana Code Annotated 27-1-727 linked hereto and by reference made a part. Releasor acknowledges that Releasor has been invited to come upon the William Stevens Ranch and Circle Bar Ranch located in Powder River County, Montana as a guest of Releasees. Releasor further acknowledges that Releasor understands that there are certain inherent dangers associated with various activities which Releasor may undertake on the William Stevens Ranch, including but not limited to the following activities: hunting; fishing; dog handling; camping; rifle, handgun, and shotgun shooting; riding in vehicles; riding recreational vehicles; horseback riding, roping, endurance riding and assisting with such events; hiking, and participating in ranching and agricultural activities.
Releasor, for himself and Releasor's heirs, assigns, and personal representatives does hereby forever release and discharge Releasees, and all of them, their officers, directors, agents, representatives, partners, members and employees from all claims, demands, actions, causes of action, damages, costs and expenses of every kind whatsoever, both in law and in equity, on account of, or in any way resulting from, personal injuries, death, or property damages to Releasor or anyone claiming under or through Releasor arising out of any action or conduct of Releasees, or any one of them, whether such conduct is negligent or otherwise or arising out of any activity associated with or on the William Stevens Ranch or property leases or managed by Releasees.
Furthermore, Releasor does hereby expressly covenant and agree to indemnify and hold forever harmless Releasees, their officers, directors, agents, representatives, partners, members and employees from any and all claims, demands, actions, causes of action, damages, costs and expenses of every kind whatsoever, both in law and equity, which may hereafter arise as a result of the Releasor's actions, conduct, negligence, intentional acts or other actions.
Releasor expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Montana, that this Release is intended to be consistent with the Montana Code Annotated 27-1-725 through 27-1-727 and that if any portion of this Release is held invalid, the balance of this release shall continue to full legal force and effect. The terms of this Release are contractual and not a mere recital, they contain the entire agreement between the parties and they are given in respect of mutual consideration acknowledged by the signatures below.
This Release is a continuing release, which shall remain in full force and effect for twelve (12) months from the date of its execution. Releasor acknowledges that Releasor has read and fully understands the terms of this Release.
Releasor agrees that this Release may be signed by any one of the five Releasees on behalf of all the Releasees and that this Release will be effective as to all five Releasees.
This Release may be executed in separate counterparts, which may be original, photocopies, telecopy transmission or copies thereof, and when this Release has been executed on a single original or in counterparts, this Release shall be binding and in full force and effect.
I wish to enter and/or participate at the 2021 Fort Howes Endurance Rides and/or AERC National Championship and/or AHA Region 6 Championship and/or the AERC Young Rider Championship, to be held starting Thursday June 10, 2021 through Wednesday June 16, 2021 and I have read the rules, conditions, and regulations of the event and will comply with them. As a participant in the event, I agree to abide by the rules of the sanctioning organization(s), The American Endurance Ride Conference (AERC) and the Arabian Horse Association (AHA), and the aforementioned ride.
I agree that my participation in the ride involves certain inherent risks, which include, but are not limited to, the following: (1) horseback riding involves being in remote areas for extended periods of time, far from communications, transportation, and medical facilities, that these areas can have many natural and man-made hazards which ride management cannot anticipate, identify, modify, or eliminate, these hazardous surfaces/subsurface conditions including such things as rocks, trees, puddles, streams, fences, jumps and/or other hard objects and /or holes, divots, ledges which could cause an equine to trip and /or fall and /or could strike a participant who falls from or is thrown from an equine; (2) that equines can behave in unpredictable ways which can result in accidents to anyone at any time, resulting in injury, severe injury, or death; (3) that an equine's reactions to sound, movements, objects, vehicles, persons, animals, scents, or insects cannot be predicted. I agree to take full responsibility for myself/my child or children, my helpers/crew and the animal(s) I/my child or children and/or helpers/crew is/are riding or has in camp. I will hold harmless the AERC, its officers and all individual members there of; AHA, its officers and all individual members there of; the Fort Howes Endurance Rides, Inc.; William Stevens Ranch; Circle Bar Cattle Co, LLC; Forest Service- USDA; all employees of such; all ride personnel; and all property owners over whose land the ride crosses, their representatives, successors and assigns, for any accident, injury or loss that might occur due to my participation in this ride, and free all liability for such injury or loss, including that due to negligence not caused by wanton or willful misconduct of the Fort Howes Endurance Rides, Inc., William Stevens Ranch, and/or Circle Bar Cattle Co, LLC.
I hereby certify that my equine is not under the influence of medication and will not be treated with or given any medications prohibited by AERC rules. I also hereby give permission to AERC or its duly appointed agent to take any appropriate action deemed necessary to check for possible administration of drugs to my equine. The undersigned verifies acceptance of risks and responsibilities for rider's and equines' conditions and certifies that all information on this form is correct to the best of his/her knowledge.
Under Montana Law, an equine activity sponsor or professional shall not be held liable for any injury to or death of a participant in equine activities resulting from the inherent risk of equine activities. Montana Code 27-1-725
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. Montana Code 27-1-753
I have read and agree to both releases and submitting this agreement electronically, I acknowledge that my electronic signature shall have the same validity, force and effect as if I affixed my signature by my own hand.