Haven Hills Ranch, LLC, Horse Riding Agreement and Release and Waiver of Liability

 

This form must be completed by and for each participant.

PREMISES’ OWNERS’ NAMES ARE Sara Krieger and Matthew Krieger, Haven Hills Ranch, LLC, hereinafter known as Haven Hills Ranch, LLC. Premises are located at 1012 Iwv Extension SW, Oxford, IA 52322

READ THIS INSTRUMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE, DIGITAL OR OTHERWISE, INDICATES YOU UNDERSTAND AND AGREE TO ITS TERMS.

IN CONSIDERATION of being permitted to participate in horse riding lessons and all activities incidental to participation at Haven Hills Ranch, LLC, or off the premises under the supervision of Haven Hills Ranch, LLC, each of the undersigned, for himself/herself, any minor children for whom he/she is parent, legal guardian, or otherwise responsible, and for his/her/their heirs, personal representatives, and next of kin:

1. 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 behavior of horses, regardless of their training and past performance. 

A number of inherent risks are associated with a domesticated animal activity. A domesticated animal may behave in a manner that results in damages to property or an injury or death to a person. Risks associated with the activity may include injuries caused by bucking, biting, stumbling, rearing, trampling, scratching, pecking, falling, or butting. The domesticated animal may react unpredictably to conditions, including but not limited to a sudden movement, loud noise, an unfamiliar environment, or the introduction of unfamiliar persons, animals, or objects. 

The domesticated animal may also react in a dangerous manner when a condition or treatment is considered hazardous to the welfare of the animal; a collision occurs with an object or animal; or a participant fails to exercise reasonable care, take adequate precautions, or use adequate control when engaging in a domesticated animal activity, including failing to maintain reasonable control of the animal or failing to act in a manner consistent with the person’s abilities. 

For the legal definition of any of these terms, see Iowa Code Chapter 673.

2. Acknowledge under Iowa Law, a domesticated animal professional is not liable for damages suffered by, an injury to, or the death of a participant resulting from the inherent risks of domesticated animal activities, pursuant to Iowa Code Chapter 673. (EQUINE ACTIVITY LIABILITY ACT WARNING, posted on site at Haven Hills, LLC)

3. Hereby release and agree to indemnify and hold harmless Haven Hills Ranch, LLC, its owners, officers, employees and agents from any and all liability, claims, suits, demands or other causes of action arising out of or related to any loss, damage or injury (including death) to person or property that occurs as a result of handling or riding of equines, use of any equipment provided, or participating in any other Haven Hills Ranch, LLC, activities whether the loss, damage, injury, or death is caused by the undersigned’s negligence, the negligence of Haven Hills Ranch, LLC, its officers, employees, or agents, or the negligence of any third party. 

Each of the undersigned further agree that this Release and Waiver of Liability shall bind the members of their family, if they are alive, and their heirs, assigns and personal representatives, if they are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE Haven Hills Ranch, LLC and its owners, officers, employees or agents. The undersigned further agrees this Release and Waiver of Liability shall be construed in accordance with the laws of the State of Iowa.

4. Represent that the undersigned are in good physical condition, and not aware of any disease or injury that would be aggravated or result in being incapacitated or injured during any program participation. Each of the undersigned hereby grant permission and authority to Haven Hills Ranch, LLC, and those acting on its behalf, to obtain prompt medical attention in the event the undersigned may become injured. Should medical treatment be required during or following the undersigned’s participation in an activity associated with Haven Hills Ranch, LLC, each of the undersigned agrees that they or their insurance company shall pay for any and all expenses related thereto.

5. Agree to properly wear an ASTM/SEI certified equine safety helmet while mounted on an equine during Haven Hills Ranch, LLC, activities and to carefully follow the direction of the Haven Hills Ranch, LLC, staff to help to minimize the risks. The undersigned acknowledges that there remains inherent risks that may cause serious injury or death and a helmet does not prevent all damages or injuries.

6. Acknowledge that this Release and Waiver of Liability, Assumption of the Risk and Indemnity Agreement shall remain in effect for the duration of participation in the activity, during this and all subsequent events of participation and any incidental activities.

7. If the undersigned is executing this instrument in a representative capacity (on behalf of a minor, for example), then the undersigned represents that the undersigned has the authority to execute this instrument and bind the named participant hereto and the undersigned agrees to indemnify, defend and hold harmless the Releasees against any claims for damages by or on behalf of the named participant and make good and hold harmless the Releasees from any loss, damage or cost that the Releasees may incur or be required to pay if any litigation is brought by or on behalf of the named participant.

I THE UNDERSIGNED HAVE READ THE FOREGOING, FULLY UNDERSTAND THE TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IN THE CASE OF A MINOR, MY SIGNATURE, ADDITIONALLY DEMONSTRATES MINE AND MY CHILDREN(S)’ CONSENT AND AGREEMENT TO ALL THE ABOVE TERMS.