WAIVER, AGREEMENT AND RELEASE AND HOLD HARMLESS STATE OF MINNESOTA

(one per adult)

READ CAREFULLY BEFORE SIGNING

You MUST be 18 years of age or older to continue.

I agree to this Waiver, Agreement, and Release and Hold Harmless (hereafter, “Agreement”) with Century Hills Stables LLC (hereafter referred to as “Stable”) as a condition for their allowing me and the persons identified below (if any), to do any or all of the following at any time and at any location: enter Stable’s premises, land, and facilities, barns, arenas, paddocks, pastures, and surrounding land; be near horses, ponies, mules, or donkeys (hereafter, “equines”), work with, handle, ride, drive, and/or receive instruction or guidance related to riding, driving, handling and/or working with equines. This Agreement also applies to my handling or being near livestock or pets (cats, dogs, rabbits, etc). (All of these activities, individually and collectively, will be referred to as “The Activities” throughout this Agreement.)

To the fullest extent allowed by law, I also make this agreement on behalf of the following who is/are my minor child/ren or legal ward(s) under the age of 18:

All parts of this Agreement apply to me and each of the children or legal wards listed above. (WE will collectively call ourselves “I,” or “my” throughout this Agreement.)

IT IS AGREED AS FOLLOWS:

1. I understand that although I am signing this Agreement today, I also intend for it to be valid and legally binding now and at all times in the future when I engage in any or all of The Activities at any location.

2. INHERENT RISKS OF EQUINE, LIVESTOCK and PET ACTIVITIES. I understand that anyone riding, driving, handling, working with, or even near an equine, livestock or pet at any location can suffer bodily and other injuries. Among other things, equines, livestock and pets are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways, back up quickly, or run away from real or perceived danger by trotting or galloping. Equines also have the ability to kick, buck, rear up, spin around, strike, or bite. I know that equines can do these and other things without warning. I also understand that all equines, even if they have no history of hurting anyone, are powerful and have the potential to be dangerous to people, equines, and other animals.

I also understand that riding, driving, handling, working with, or even being near an equine or livestock can expose me to dangers or conditions that are an integral part of livestock activities, including: (1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, bucking , or charging; (2) the unpredictability of livestock’s reaction to things like sound, sudden movement, unfamiliar objects, persons, or other animals; (3) natural hazards such as surface or subsurface conditions; or (4) collisions with other livestock or objects. I understand that these risks and dangers inherent in equine, livestock or pet activities can occur with or without negligence on part of Stable, and I expressly agree to assume these risks. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned in this Agreement. I am NOT relying on Stable to list all possible equine or livestock-related risks in this Agreement or any time, now or in the future.

3. LIABILITY WAIVER AND RELEASE/EXPRESS ASSUMPTION OF RISK. As lawful consideration for being allowed to engage in any or all of The Activities, now and in the future and at any location, I (on behalf of myself and my spouse, parents, heirs, representatives, assigns, minor child/ren or legal wards) agree to each of the following: (a) Stable and his/her/its/their respective officers, directors, members, managers, employees, agents, heirs, family members, assigns, representatives, affiliated persons, and others acting on their behalf (hereafter referred to collectively as “The Released Parties”) shall not be liable for any losses, injuries, or damages that I may sustain as a result of engaging in any of The Activities at any time or at any location; and (b) I fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (present or future) against the The Released Parties whether the claims are known, unknown, anticipated or unanticipated, and whether caused by their ordinary negligence, a violation of a state Equine Activity Liability Act, a violation of a livestock activity liability act, or other legal liability resulting from or arising out of my engaging in The Activities at any time and at any location. The term “damages” means, for example, medical expenses any and all claims or losses because of bodily injuries, mental/emotional injuries, property damages, death, expenses, and/or personal property damages. This Agreement is intended to apply and be binding regardless of whether I am riding, driving, handling or near equines. (In accordance with Minnesota law, however, I am not releasing The Released Parties from loss, injury, or damage that is directly caused by gross negligence, willful or wanton misconduct, reckless misconduct, or intentional misconduct on part of The Released Parties.)

4. INDEMNITY AGREEMENT. To the fullest extent permitted by law, I also agree to indemnify and hold harmless The Released Parties against any and all claims, demands, actions, liabilities, losses, or suits that are brought against The Released Parties (or either of them) which are in any way connected with my/our participation in any of the Activities at any time and at any location, including claims that allege acts or omissions of The Released Parties that are negligent or in violation of a state Equine Activity Liability Act. The indemnity agreement shall apply regardless of whether or not injury, death, or damage incurred by others was caused by the ordinary negligence of The Released Parties and includes reimbursement of attorney fees and costs incurred by The Released Parties.

5. ASTM/SEI Helmet/Headgear. I understand that I should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective headgear that is designed for use when riding, driving, handling, or near equines. I am NOT relying on Stable to provide a helmet/headgear for me, to check any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time. If I choose to wear a helmet/headgear, if I choose not to wear a helmet/headgear, and the type of helmet/headgear I may wear are my decisions.

6. EMERGENCIES. Adult person(s) to Contact in Case of Emergency:

7. Minnesota law applies to this Agreement, and I agree that this Agreement shall be enforced to the greatest extend permitted under Minnesota law. If any clause conflicts with applicable law, only that clause will be null and void but the remainder shall stay in full force and effect. This Agreement can only be modified in writing and signed by me and Faith Chamberlain (on behalf of Stable). I agree to pay any attorney fees and costs for The Released Parties (or either of them) to enforce this Agreement, and I agree to indemnify and hold harmless The Released Parties for such fees and costs.

NOTICE OF INHERENT RISKS OF LIVESTOCK ACTIVITIES PURSUANT TO MN ST § 604A.12:

“Inherent risks of livestock activities” means dangers or conditions that are an integral part of livestock activities, including: (1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, bucking, or charging; (2) the unpredictability of livestock's reaction to things like sound, sudden movement, unfamiliar objects, persons, or other animals; (3) natural hazards such as surface or subsurface conditions; or (4) collisions with other livestock or objects. Under Minnesota law, a nonprofit corporation, association, or organization, or a person or other entity donating services, livestock, facilities, or equipment for the use of a nonprofit corporation, association, or organization, is not liable for the death of or an injury to a participant resulting from the inherent risks of livestock activities.

8. MEDICAL TREATMENT. The Stable, its owners, employees, and associates, have my permission to initiate emergency first aid treatment for my children, my equine and myself in case of an accident. They also have my permission to authorize emergency medical treatment by qualified medical personnel for my children or myself and veterinary treatment by qualified veterinary personnel for my equine.

9. PROMOTIONAL RELEASE. I understand that photographs or videos may be taken of myself, my children with equine, livestock or pets. I hereby give permission for myself or my child/ren to be photographed and/or videotaped and for such photographs/videos to be used in the Stables or Century Hills Inc (farm) literature, website, social media or other types of promotional material.

10. I agree to abide by all Stable rules and guidelines posted.

11. ALSO, I REPRESENT (please check each box below):

Confirmation:

BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN
ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL
MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS
BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.

NOTICE OF INHERENT RISKS OF LIVESTOCK ACTIVITIES PURSUANT TO MN ST § 604A.12:

“Inherent risks of livestock activities” means dangers or conditions that are an integral part of livestock activities, including: (1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, bucking, or charging; (2) the unpredictability of livestock's reaction to things like sound, sudden movement, unfamiliar objects, persons, or other animals; (3) natural hazards such as surface or subsurface conditions; or (4) collisions with other livestock or objects. Under Minnesota law, a nonprofit corporation, association, or organization, or a person or other entity donating services, livestock, facilities, or equipment for the use of a nonprofit corporation, association, or organization, is not liable for the death of or an injury to a participant resulting from the inherent risks of livestock activities.

STOP.....Important message: Once you click SUBMIT you should receive the following message:

Thank you!  Your submission has been receive. (with a green circle and white check mark above it). 

In addition, you will receive an email with a copy of your waiver.  If you do not receive the THANK YOU message, then click the SUBMIT button again as it has not been submitted.

Thank you!!