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Liability Waiver

Liability Waiver

Required Waiver to participate in or be present for activities at Freedom Reigns Ranch
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    WARNING: Under the Tennessee Law, an equine professional is NOT liable for an injury to or the death of a participant in equine activities resulting from the inherent risk of equine activities pursuant to the Tennessee Code Annotated, Title 44, Chapter 20 Note: A “participant” includes anyone on any property in which horses are present, whether public or private. A “participant” includes a program participant, relative/guardian/transporter of the participant, staff, or volunteer of Freedom Reigns Ranch, temporary volunteer, visitor (whether scheduled or impromptu), passerby, or any other person, whether minor or of-age within any distance of any horse or horse Pasture.
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    FREEDOM REIGNS RANCH LIABILITY WAIVER AND FULL RELEASE:
    Freedom Reigns Ranch is a mentorship/discipleship ministry and not a licensed equine
    therapy/counseling program or facility.
    RELEASED PARTIES INCLUDE: Freedom Reigns Ranch, Carissa Ramsdell, its agents, owners, officers, volunteers, participants, employees, landlords, and property owners, and all other persons or entities acting in any capacity on their behalf (collectively referred to as “Stable”).


    RELEASING PARTIES INCLUDE: The undersigned participant and minor(s) listed in the Agreement, participant's spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant's behalf.
    I understand horse activities such as care, control, and riding are considered hazardous activities. I understand that activities on Ranch property (hiking, exploring nature, art projects, wood-burning and woodwork, camp/bonfire, and all other activities) may involve risks I agree to participate or agree for my child/children to participate in horse and Ranch activities at Freedom Reigns Ranch, or arranged by
    Freedom Reigns Ranch. I assume full responsibility for any injury, loss or debilitation, bodily harm, mental or physical impairment, or death to me or my child/children while on property owned/leased by Freedom Reigns Ranch/Carissa Ramsdell or at any other place while under the direct or indirect supervision of Freedom Reigns Ranch. I hold Freedom Reigns Ranch/Carissa Ramsdell and/or any other persons authorized by Freedom Reigns Ranch/Carissa Ramsdell to interact with me or my child/children
    in horse activities harmless for any injury or death that may occur to me or my child/children at or arranged by Freedom Reigns Ranch.


    The undersigned hereby on behalf of himself and his personal representatives' releases and forever discharges Freedom Reigns Ranch/Carissa Ramsdell and all assigns, successors, agents, and representatives of and from any and all claims and demands of every kind, nature, and character which the undersigned may hereafter have or may have accrued to them, for any and all damages, losses, and injuries which may be suffered or sustained by the student, rider, boarder, horse and or equipment utilized
    in connection with participation and/or negligence claims and demands, are hereby waived and released and the undersigned covenants not to sue, therefore.

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    VOLUNTEER MENTOR RELATIONSHIP: I understand that Freedom Reigns Ranch staff and volunteers operate in the context of volunteer mentors and are not counselors, clinical social workers, therapists, or considered any type of professional “help” agent. Volunteers and Staff at Freedom Reigns Ranch are not qualified to speak in court (including custody cases) in regard to participants or other Ranch visitors, guests, or volunteers.
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    PHOTO RELEASE: I hereby grant to Freedom Reigns Ranch the unrestricted and absolute, perpetual, worldwide right to reproduce, exhibit, display, perform, transmit, broadcast, distribute, and use the photograph(s) of myself and any minor(s) identified below (the “photograph(s)”) for the sole purpose of promotion. (“Grant”). (15) I acknowledge that the purposes for which the photograph(s) may be used include, without limitation, publications, videos, books, newsletters, calendars, websites, blogs, and social media. (16) I agree with this includes, without limitation, the right to use the photograph(s) - or any part of it - in combination with, or as a composite of, other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media embodiment, now known of hereafter developed, including, without limitation, print film, videotape, DVD broadcast, digital transmission and electronic/online media. (17) I hereby voluntarily release and forever discharge - on my behalf and on the behalf of the minor(s) identified below - Freedom Reigns Ranch from any and all claims, demands, and causes of actions include, without limitation, inadvertent errors, such as blurring, distortion, or alteration, or based upon any decision not to make use of the photograph(s). (18) I understand that Freedom Reigns Ranch and its licenses and assigns are relying on my consent to use the photograph(s) with respect to the promotion of various services or products. I acknowledge that neither myself not any minor(s) identified below shall receive compensation with respect to any matter referred to in this Photo Release. All images - electronic or non-electronic negatives, positives, and prints - are hereby owned by Freedom Reigns Ranch. Stable is free to assign and license any and all of the rights granted in this Photo Release for the sole purpose of organization/Ranch promotion. (19) I acknowledge that in no event will I have the right to enjoin the distribution of the photograph(s). I hereby relinquish any right that I may have to examine or approve the completed product(s) or advertising copy or printed matter that may be used by Stable or its licenses or assigns. I also acknowledge and release Stable from any and all claims associated with photographs taken by any private individual.

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    NOTE: If you have declared that you would not like photos taken, you must wear a standard 19x19” yellow bandana (bring your own or request one from a staff member) fully visible at all times while on ranch property around your neck, wrist, or leg.
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    MISCELLANEOUS: I agree these releases are binding upon me, the minor(s) below for whom I am contracting, my heirs, executors, administrators, legal representatives, and successors. Should Freedom Reigns Ranch or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. I agree that the validity and enforceability of this Agreement will be governed by the substantive law of Tennessee, without regard to its conflict of law rules. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired. I agree that any action, suit, or proceeding arising out of the subject matter of this Agreement will be litigated in courts located in Maury County, Tennessee. I consent and submit to the jurisdiction of any local, state, or federal court located in Maury County, Tennessee. Not a contract of employment: I understand and agree that any activities or tasks performed by me are strictly voluntary and are not in any way subject to no give rise to an employment relationship. I agree to save and hold harmless and indemnify each and all the parties previously referred to in this document, including without limitation Freedom Reigns Ranch, from all liability, loss, cost, claim or damage whatsoever that may be imposed upon said parties because of any failure, or defect in or the lack of the minor(‘s/s’) capacity, to act in accordance with this Agreement, and I release Freedom Reigns Ranch and said parties on behalf of the minor(s) and the minor(‘s/ s’) parents or legal guardian of said minor(s).

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    Freedom Reigns Ranch - 2080 Arthur Hardison Rd, Columbia, TN  38401.

    IN CONSIDERATION OF BEING ALLOWED TO ENJOY ALL AREAS OF PREMISE (THE “RANCH”) OPERATED BY THE FREEDOM REIGNS RANCH DESCRIBED HEREIN AND IN CONSIDERATION OF THE BENEFITS TO BE DERIVED THEREFROM, I HEREBY RELEASE

    FREEDOM REIGNS RANCH AND THEIR PRESENT AND FORMER ELDERS, TRUSTEES, OFFICERS, DIRECTORS, ASSOCIATE DIRECTORS, LEADERS, EMPLOYEES AND THEIR HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS, AND ASSIGNS FROM ALL CLAIMS AND LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHICH ARISE FROM OR ARE CONNECTED IN ANY WAY WITH MY USE OF THE PROPERTY, OR THE USE OF THE PROPERTY BY ANY MEMBER OF MY FAMILY, INCLUDING MY SPOUSE AND CHILDREN. I RECOGNIZE THAT THE CONDITIONS OF THE PROPERTY,

    INCLUDING, WITHOUT LIMITATION, THE TREE HOUSES, MAY BE INHERENTLY DANGEROUS AND MAY REQUIRE A CERTAIN LEVEL OF PHYSICAL STRENGTH AND DEXTERITY TO NAVIGATE. I AND MY FAMILY HAVE ASKED TO USE THE PROPERTY AND DO SO ENTIRELY AT OUR OWN RISK. I CERTIFY THAT I AND MY FAMILY ARE IN GOOD HEALTH, AND ARE PHYSICALLY AND MENTALLY CAPABLE OF USING AND ENJOYING THE PROPERTY, AND SPECIFICALLY CLIMBING A LADDER AND MAINTAINING PROPER

    BALANCE. I CERTIFY THAT I AM OF LAWFUL AGE AND COMPETENT TO SIGN THIS RELEASE, AND HAVE DONE SO VOLUNTARILY. I UNDERSTAND THAT THIS DOCUMENT CONSTITUTES A FULL AND COMPLETE WAIVER OF ALL POSSIBLE CLAIMS FOR ANY ACT OR OMISSION, INCLUDING CLAIMS FOR NEGLIGENCE OR BREACH OF WARRANTY REGARDING INJURY OR PROPERTY DAMAGES, ARISING OUT OF MY, MY SPOUSE, OR ANY CHILD OF MINE’S USE OF THE PROPERTY. I UNDERSTAND THAT THIS RELEASE APPLIES TO, COVERS, AND INCLUDES UNKNOWN, UNFORESEEN, UNANTICIPATED, AND UNSUSPECTED DAMAGES, LOSSES, OR LIABILITIES AND THE CONSEQUENCES THEREOF, WHICH RESULT FROM THE MATTERS HEREINBEFORE INFERRED TO AS WELL AS THOSE NOW DISCLOSED AND KNOWN TO EXIST. THE PROVISIONS OF ANY STATE, FEDERAL, LOCAL, TERRITORIAL LAW OR STATUTE PROVIDING IN SUBSTANCE THAT RELEASES SHALL NOT EXTEND TO CLAIMS OR DAMAGES WHICH ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE TIME ARE HEREBY EXPRESSLY WAIVED

    BY ME. I ACKNOWLEDGE THAT AT NO TIME DURING MY USE OF THE PROPERTY WILL ANY ACTIVITY OR CIRCUMSTANCE ASSOCIATED THEREWITH MAKE ME AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF FREEDOM REIGNS RANCH


    POND

    I understand that there are places on “the Ranch” that include the risk of drowning which may include injury or death.


    SWINGSET/TREES/ROCKS/TREEDECK (natural and placed): I understand that there are places on “the Ranch” that include the risk of falling and/or entrapment which may include injury or death.


    THIS LIABILITY WAIVER AND RELEASE (“Agreement”) is dated as today (Registration Date) and is by and between Freedom Reigns Ranch (“the Ranch”) and myself (and if such person is a minor, his/her parent or guardian who along with the participant are collectively referred to as “User”). For purposes of this Agreement, “Management” means Freedom Reigns Ranch and any and all related entities, managers, team members, governors, employees, independent contractors, coaches, instructors, agents, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the premises or facilities used to conduct the event.

    For consideration received, and in return for the use, today and on all future dates of the programs, activities, services, events, property and facilities provided by Management (the activities”), User and User’s heirs, assigns and representatives hereby agree as follows:

    User acknowledges there are inherent risks associated with participating in the Activities such as those described below, and hereby expressly assumes all risks, known and unknown, however caused and whether caused in whole or in part by the action, inaction or negligence of Management. Some of the inherent risks include, but are not limited to, injury, harm or death to User or persons around User, not only from User’s own actions, inactions or negligence, but as a result of actions, inactions or negligence of others; the condition of the premises or any equipment used; certain hazards such as surface and subsurface conditions; collisions with other participants; the availability of emergency medical care; and the potential of other participants to act in a negligent manner.

    User assumes all risks in connection with the Activities, accepts personal responsibility for any damages following any injury, permanent disability or death and expressly waives any claims for any injury or loss arising therefrom. User assumes any and all risks involved in or arising out of User’s use of any equipment or facilities relating to the Activities. User agrees to abide by and follow Management’s rules and regulations which shall be provided and/or available from time to time.

    USER EXPRESSLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE MANAGEMENT FOR ANY AND ALL CLAIMS, DEMANDS OR DAMAGES RELATING TO ANY PROPERTY DAMAGE, INJURY, PERMANENT DISABILITY, DEATH OR OTHER DAMAGE OF ANY KIND, EVEN IF CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF MANAGEMENT OR OTHERWISE. USER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGEMENT AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH USER’S PARTICIPATION IN THE ACTIVITIES OR USE OF OR PRESENCE UPON ANY PROPERTY OR FACILITY USED AS PART OF THE ACTIVITIES.


    User further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by International Law and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect. User waives the protection of any applicable statutes in this 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 said release.

    Any action brought under this Agreement shall be brought within one year of the incident or accident giving rise to said claim. This Agreement shall be governed by the laws of the United States of America and any claim shall be brought in the courts having proper jurisdiction in the United States.

    A.

    Weather conditions that may change quickly, including but not limited to wind, rain, snow, lightning, tornadoes, hurricanes, earthquakes, and excessive heat and sun;

    B.

    exposure or overexposure to cold (Hypothermia) or heat;

    C.

    Damage, injury or death as a result of contact with aquatic or land animals, fish, birds, felines, canines, equids, spiders, insects, reptiles, either on land or on water, including but not limited to areas in and around Company’s premises or staging areas;

    D.

    Damage, injury or death as a result of traversing in or around Company’s premises or staging areas, including but not limited to ladders, stairs, uneven ground, rocks, equipment on the premises, mud, steep slopes, rocks;

    E.

    Injury or death as a result of ingesting contaminated fresh water, drink, or food;

    F.

    Personal injury, death or property damage due to collision with motorized or non-motorized vehicles

    G.

    Muscular or skeletal injury, strain, or damage due to physical exertion, especially, but not limited to, my head, wrists, arms, shoulders, legs, and back;

    H.

    Lack of available life-saving devices or services, or immediate medical attention, in the case of injury;

    I.

    Injury or death as a result of lack of physical conditioning, existing diseases, conditions, or ailments, and my own acts or omissions, including my lack of boating knowledge, experience, or expertise;

    J.

    Injury or death as a result of being entrapped

    K.

    Injury or death as a result of falling

    L.

    My own or other participants’ attempts to exceed my or their skills in using equipment or riding horses

    M.

    Failing to properly wear a helmet or appropriate PPE or clothing for activities

    N.

    Failing to understand basic or other instructions provided by Company, its agents, guides, or employees;

    O.

    Vehicular or pedestrian accident while being transported to or walking to or from Company’s premises or staging areas, including transportation to and from the Vessel or to and from the Company’s facilities or premises ;

    P.

    Inadequate repair or maintenance of Company facilities and equipment; and error, inattention or negligence on the part of Company, its officers, agents, guides, and employees, including inadequate instruction or assistance.

    Q. Reaction to, ingestion of, or exposure to Chemicals, medicines, insecticides, herbicides, gasoline, diesel, oil, grease, cleaning products are on premise and may or may not be labeled and may or may not be sealed that may result in injury or death.

    R. Equipment that does not or does not belong to Freedom Reigns Ranch but that is being used by an individual or business or or stored on property in which contact with (whether operating, stationary, or moving) may result in injury or death.


    USER HAS READ THIS LIABILITY WAIVER AND RELEASE, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO USER AND INTENDS HIS/HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

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    ADULT INFORMATION

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    Medical Information

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    MINOR'S INFORMATION

    (separate waiver required for each minor) 

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