WARNING, LIABILITY RELEASE, INDEMNITY AGREEMENT, & AGREEMENT TO ARBITRATE Logo
  • WARNING, LIABILITY RELEASE,INDEMNITY AGREEMENT, & AGREEMENT TO ARBITRATE

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  • I acknowledge that FORWARD STRIDE is willing to allow me to engage in activities on FORWARD STRIDE’s premises, including, but not limited to, equine activities. Such activities may include, but are not limited to, the riding, dressing, handling of horses, and other horse/equine activities, work to build/ improve upon new or existing buildings, grounds maintenance, and interaction with FORWARD STRIDE employees, volunteers, interns, clients, and other guests while on FORWARD STRIDE’s premises (the “Activities”). I would like to participate in these Activities. In exchange for FORWARD STRIDE allowing me to engage in these Activities, I agree to all of the terms and conditions set forth in this Release of Liability and Agreement to Arbitrate and all addenda hereto (the “Agreement”).
  • 1. Warning & Acknowledgment of Risk:

    I understand that horses are potentially dangerous animals, and can cause serious injury to me, including permanent injury and/or death, or damage to my property. I understand that any horse, regardless of its training and prior behavior, may act or react unpredictably at any time for any reason, and may bolt, spook, rear, buck, bite, kick, fall, strike out, stomp, trample, spin, fall on or collide with objects, collide with other horses, step on, over or become entangled in objects, tack, or equipment, or otherwise act in a manner that may cause injury and/or death to me, or damage to my property, including my horse. I understand that horse tack or other horse equipment can break, loosen, or otherwise fail, causing serious injury to me, including permanent injury and/or death, or damage to my property. I understand that any rider or handler of a horse may lose control of such horse at any time and for any reason, and that doing so may cause serious injury to me, including permanent injury and/or death, or damage to my property. I further understand that I am solely responsible for using proper safety equipment at all times while near, grooming, handling, lunging, and riding horses, including but not limited to wearing an ASTM-certified riding helmet and riding boots. I understand that the risks set forth in this paragraph and other similar risks are inherent to participation in any "equine activity" as defined by ORS § 30.687(2). I understand there are potential hazards at an equine facility, including but not limited to uneven, slippery or rocky footing; open water; rodent holes; molehills; machinery; moving vehicles; irrigation equipment; drainage and irrigation ditches; hoses; livestock; and electric and other fencing. I further understand and acknowledge that there may be animals, including but not limited to dogs, other horses, cows, insects, reptiles, deer, cougars, coyotes, and bears, present at or in close proximity to an equine facility that present a risk of serious harm, injury, illness, damage, disease, or death to me and my property. I further understand that I may be exposed to communicable, respiratory illnesses, including but not limited toCOVID-19, while at an equine facility or participating in equine activities.
  • 2. Oregon Equine Liability Law (ORS 30.687 to 30.697):

    I acknowledge Forward Stride, Inc. (“FORWARD STRIDE”) has provided me with a copy of Oregon’s equine inherent risk laws, ORS §§ 30.687 - 30.697, and that I have read and understand these laws. The equine facility at which FORWARD STRIDE operates, including but not limited to the barns, arenas, out buildings, paddocks, pastures, driveways, and surrounding acreage, together with any equine facility to which FORWARD STRIDE travels with horses and equine activity participants for competition, is referred to collectively herein as the “Premises.” I understand that FORWARD STRIDE is an "equine activity sponsor" as defined by ORS § 30.687(3). I understand that any and all personnel employed by FORWARD STRIDE (collectively referred to herein as “FORWARD STRIDE TRAINERS”) who provide horseback riding instruction, vaulting instruction, and equine-related therapeutic and/or rehabilitative services are each “equine professionals” as defined by ORS § 30.687(4). I understand that horseback riding instruction, vaulting instruction, exhibition in equine competition, equine rehabilitation, equine-assisted psychotherapy, equine assisted learning in horseshows, and all activities and services related thereto provided by FORWARD STRIDE Trainers or sponsored by FORWARD STRIDE and its directors, officers, employees, volunteers, agents, and representatives each constitute an "equine activity" as defined by ORS § 30.687(2). I understand that by directly engaging in any such equine activity, I am a "participant" in an equine activity as defined by ORS§ 30.687(5).
  • ORS 30.687 to 30.697: https://oregon.public.law/statutes/ors_30.687

    ORS 30.689: https://oregon.public.law/statutes/ors_30.689

  • 3. Assumption of Risk, Waiver, and Release of Liability for My Claims:

    I UNDERSTAND THAT BY BEING PRESENT AT THE PREMISES, I HAVE INDICATED THAT I ACCEPT OREGON’S EQUINE INHERENT RISK LAWS’ LIMITS OF LIABILITY RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. I UNDERSTAND THAT THE PREMISES IS NOT A SPECTATOR AREA, AND BY MY PRESENCE AT THE PREMISES, I WILL BE REGARDED AS A PARTICIPANT IN AN EQUINE ACTIVITY AND LIMITED BY OREGON’S EQUINE INHERENT RISK LAWS. I UNDERSTAND THAT AS A CONDITION OF MY PRESENCE AT OR USE OF THE PREMISES, I VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUME ANY AND ALL RISK RESULTING THEREFROM, INCLUDING BUT NOT LIMITED TO ALL INHERENT RISKS. I UNDERSTAND THAT AS A CONDITION OF MY PARTICIPATION IN ANY EQUINE ACTIVITY SPONSORED BY FORWARD STRIDE OR PROVIDED BY FORWARD STRIDE TRAINERS, INCLUDING BUT NOT LIMITED TO HORSE RIDING, VAULTING, DRIVING, HANDLING, OR GROOMING, AND RIDING AS A PASSENGER UPON AN EQUINE, I VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUME ANY AND ALL RISK RESULTING THEREFROM, INCLUDING BUT NOT LIMITED TO ALL INHERENT RISKS. I AGREE THAT BY SIGNING THIS AGREEMENT, I AM KNOWINGLY, VOLUNTARILY, AND EXPRESSLY WAIVING MY RIGHT, AND THAT OF MY REPRESENTATIVE, TO BRING OR MAINTAIN ANY ACTION AGAINST OR RECOVER FROM FORWARD STRIDE, FORWARD STRIDE TRAINERS, THIRD-PARTY HORSE OWNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, AFFILIATES, INTERNS, SUCCESSORS, LESSORS, VENDORS, TENANTS, ASSIGNS, AND REPRESENTATIVES, OR ANY OF THEM, FOR ANY INJURY TO ME, MY DEATH, OR THE LOSS OF OR DAMAGE TO MY PROPERTY, RESULTING FROM OR ARISING OUT OF MY FORWARD STRIDE. PARTICIPATION IN ANY EQUINE ACTIVITY SPONSORED BY FORWARD STRIDE OR PROVIDED BY FORWARD STRIDE TRAINERS, INCLUDING BUT NOT LIMITED TO HORSE BOARDING, RIDING, VAULTING, DRIVING, HANDLINE, OR GROOMING, AND RIDING AS A PASSENGER UPON AN EQUINE. HEREINAFTER, ALL OF THE RELEASED PARTIES NAMED HEREIN ARE COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES.” THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS BASED UPON NEGLIGENCE, AND EXCLUDES CLAIMS BASED UPON GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT. I AGREE THAT BY SIGNING THIS AGREEMENT, I AM KNOWINGLY, VOLUNTARILY, AND EXPRESSLY WAIVING MY RIGHT, AND THAT OF MY REPRESENTATIVE, TO BRING OR MAINTAIN ANY ACTION AGAINST OR RECOVER FROM THE RELEASED PARTIES FOR ANY INJURY TO ME OR MY DEATH, OR LOSS OF OR DAMAGE TO MY PROPERTY, RESULTING FROM OR ARISING OUT OF BEING PRESENT AT OR USING THE PREMISES. THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS BASED UPON NEGLIGENCE, AND EXCLUDES CLAIMS BASED UPON GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS THAT I MIGHT OTHERWISE HAVE IF I DID NOT SIGN THIS AGREEMENT, INCLUDING THE RIGHT TO RECOVER DAMAGES EXCEPT AS PROVIDED HEREIN FROM THE RELEASED PARTIES FOR ANY INJURY TO ME, MY DEATH, OR THE LOSS OF OR DAMAGE TO MY PROPERTY. I ACKNOWLEDGE THAT I HAVE BEEN ADVISED AND HAD AN OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS AGREEMENT.
  • 4. Indemnity:

    I agree to and shall defend, indemnify, and hold harmless the Released Parties for any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my presence at or use of the Premises, and/or my participation any and all equine activities sponsored by FORWARD STRIDE or provided by the FORWARD STRIDE Trainers.
  • 5. Confidentiality & Privacy Policy:

    I understand that privacy is a significant concern and a sensitive issue for FORWARD STRIDE’s clients and their families. I understand that solicitation of FORWARD STRIDE’s clients in any form is not permitted. I shall keep confidential all medical, social, referral, personal, and financial information regarding all FORWARD STRIDE clients, employees, volunteers, interns, and their families indefinitely.
  • 6. Medical Treatment:

    I hereby consent to and authorize FORWARD STRIDE to obtain medical treatment on my behalf if I am injured or require medical attention while present at the Premises or while participating elsewhere in any equine activity with FORWARD STRIDE. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless FORWARD STRIDE from any claim whatsoever in connection with such treatment or other medical services. If FORWARD STRIDE incurs costs related to or arising out of medical treatment on my behalf, I understand that I am 100% responsible for reimbursing FORWARD STRIDE for all such costs in full.
  • 7. Multi-Media & Promotional Use of My Image:

    I understand that opportunities may arise for FORWARD STRIDE to spotlight participants in its marketing publications and that FORWARD STRIDE may also be contacted by media or news outlets to do stories about specific programs, classes, or activities. When these opportunities occur, the publications may include images (scanned photograph, digital photograph, video) or information regarding the participant’s participation in the program or activity being spotlighted.
  • 8. Entire Agreement:

    This Agreement constitutes the complete and entire agreement between FORWARD STRIDE and me with respect to FORWARD STRIDE’s liability to me for injury, illness, death, or property damage. Any modifications or additions to this Agreement must be in writing and signed by all parties to this Agreement. No oral modifications or additions shall be considered as part of this Agreement unless reduced to writing.
  • 9. Severability & Governing Law:

    If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. I understand that this Agreement shall be binding upon me, my heirs, executors, successors, and beneficiaries. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.
  • 10. Dispute Resolution:

    Any dispute, controversy, or claim arising out of or related to this Agreement and/or my presence at or use of the Premises shall be submitted to and decided by binding arbitration pursuant to the rules of the American Arbitration Association. Any such arbitration will occur in Portland, Oregon or at such other location as agreed upon by the parties. I agree to pay 50% of any costs related to such arbitration, that each party to the arbitration shall bear its own attorney fees related to such arbitration, and that the arbitrator’s decision shall be final and not subject to appeal. I agree that the maximum amount that any arbitrator shall have power to award is $5,000 and only for the compensation of bodily injury or property damage.
  • 11. Electronic Signature:

    I agree that my electronic signature to this Agreement is just as valid and binding as any handwritten or other signature and that such electronic signature satisfies the law as described in the Uniform Electronic Transactions Act, ORS 84.001, et seq, and as may be described, contemplated, or applicable in any and all other legal context(s). BY SIGNING, I ACKNOWLEDGE THAT I: HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT; AM KNOWINGLY, VOLUNTARILY, AND EXPRESSLY CONSENTING TO ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO GIVING UP SUBSTANTIAL LEGAL RIGHTS THAT INCLUDE THE RIGHT TO SUE ALL OF THE RELEASED PARTIES, INCLUDING FORWARD STRIDE; INTEND FOR THIS AGREEMENT TO BE AS BROAD AND INCLUSIVE AS PERMITTED UNDER OREGON LAW AND TO REMAIN IN FULL FORCE AND EFFECT UNLESS AND UNTIL REVOKED BY ME
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  • Covid 19 Release

  • I, *   * , understand that it is my responsibility to take measures to prevent and reduce the spread of the novel coronavirus (“COVID-19”) while engaging in activities on Forward Stride’s premises. In exchange for Forward Stride authorizing me to engage in activities on premises it owns or leases, I agree to follow current protocols set forth by Forward Stride to encourage social distancing and reduce transmission risks. I understand these protocols may change and will read/listen to the updates provided to me via email and/or in person instruction.

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