All parts of this agreement shall apply to me, and the children/legal wards listed above. [We will collectively call ourselves “I”" “me,” or “my” throughout this agreement.]
IT IS HEREBY AGREED AS FOLLOWS:
1. Consideration/Binding Effect Today and in the Future. I have requested to engage in any or all of The Activities on or off of the Stable Property and am signing this Agreement in consideration for being allowed to engage in any or all of The Activities now and in the future. I understand that although I am signing this Agreement today, it is intended to be valid and binding at all times, now and in the future, when Stable permits me (directly or indirectly) to engage in any or all of The Activities at any time and at any location.
2. Risks. I understand that anyone who is riding, handling, showing, training, working with, or even near an equine can suffer bodily and other injuries. Among other things, equines 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, bolt, 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 inflicting injury, are powerful and have the potential to be dangerous to people, equines, and other animals that are around them.
Further, I understand that riding, handling, showing, training, working with, or even being near an equine can expose me to numerous hazards, which could include, for example: the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of an equine’s reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals; certain hazards such as surface or subsurface conditions on or near the Stable Property and/or land where any of The Activities may take place; and/or collisions with other equines, animals, or objects. I understand these risks and dangers that are inherent in The Activities, and I agree to assume all of them. I also understand that these are just some of the risks, and I agree to assume other risks that are not mentioned in this Agreement. I am NOT relying on Stable to list all possible risks involving The Activities in this Agreement or at any time in the future.
ADDITIONAL RISKS – COVID-19. I am aware of the spread of Covid-19, which can result in severe illness and possibly death. I understand that I am responsible for my own health and safety, and I am responsible for providing any personal protection equipment that I wish to use, including masks, disinfectants, and sanitizers.
3. WAIVER AND LIABILITY RELEASE: As consideration for being allowed to engage in any or all of The Activities, now and in the future and at any location, and to the fullest extent allowed under Michigan law, I (on behalf of myself and my spouse, parents, heirs, representatives, assigns, minor child/ren or legal wards, if any) agree to each of the following:
(a) RenEq Center, LLC, Renaissance Equestrian Center, Amy Miller, Jason Miller, Ahmad Reda, Patricia Butcko, Butcko Living Trust and their respective members, managers, employees, agents, assigns, heirs, family members, trustees, affiliated persons, representatives and others acting on their behalf (hereafter collectively. “The Released Parties”) shall not be liable for any damages that I (and/or my minor child/ren or legal wards, if any) may sustain now or in the future as a result of engaging in any of The Activities at any time and at any location; and
(b) I/we 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 Released Parties whether the claims are known, unknown, anticipated or unanticipated, and whether caused by their ordinary negligence, violation of the Michigan Equine Activity Liability Act, or other legal liability, resulting from or arising out of my/our engaging in any of The Activities at any time and at any location. The term “damages” in this Agreement means, for example, medical expenses, any and all claims or losses because of bodily injuries, mental/emotional injuries, property damages, death, and/or personal property damages. This Agreement is intended to apply and be binding whether or not I/we am/are riding, handling, showing, working with, or even near equines. (In accordance with Michigan law, we are not releasing The Released Parties from loss, injury, or damage that is directly caused by gross negligence or willful or wanton misconduct on part of any of The Released Parties.)
WARNING
Under the Michigan Equine Activity Liability Act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity.
IT IS UNDERSTOOD AND AGREED THAT THIS AGREEMENT IS A WAIVER OF LIABILITY BEYOND THE PROVISIONS OF THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, MCL 691.1661, et seq. BY SIGNING THIS AGREEMENT, I AGREE NOT TO BRING ANY CLAIM OR SUIT AGAINST ANY OF THE RELEASED PARTIES UNDER ANY EXCEPTION IN THAT LAW. IN PARTICULAR, I AGREE NOT TO BRING A CLAIM OR SUIT FOR: (1) FAULTY TACK OR EQUIPMENT; (2) FAILURE TO MAKE REASONABLE AND PRUDENT EFFORTS TO DETERMINE AN EQUINE ACTIVITY PARTICIPANT'S ABILITY TO SAFELY MANAGE AN EQUINE; (3) A DANGEROUS LATENT CONDITION OF ANY PART OF THE LAND/ STABLE PROPERTY; AND/OR (4) ANY ACT OR OMISSION THAT MAY CONSTITUTE ORDINARY NEGLIGENCE BY ANY OF THE RELEASED PARTIES. (IN ACCORDANCE WITH MICHIGAN LAW, I AM NOT RELEASING THE RELEASED PARTIES FROM LOSS, INJURY, OR DAMAGE THAT IS DIRECTLY CAUSED BY GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT ON PART OF ANY OF THE RELEASED PARTIES.)
4. INDEMNIFICATION. To the fullest extent permitted by law, I also agree to indemnify and hold harmless The Released Parties against all claims, demands, or lawsuits that are brought against any of The Released Parties by any third person(s) [“third persons” are people who are not parties to this Agreement, including, but not limited to, other persons on or near the Stable Property or property where The Activities take place, my relatives, guests, etc.]. I also agree to indemnify and hold harmless The Released Parties against all claims, demands, or lawsuits that are brought against any of The Released Parties by my minor child/children that are in any way connected with my/our participation in The Activities, including claims that allege acts or omissions by The Released Parties that are negligent and/or violate an Equine Activity Liability Act. This indemnification shall also include reimbursement of The Released Parties’ reasonable attorney fees.
5. ASTM/SEI Headgear. I agree to be fully responsible for my own safety at all times. Stable has advised me that I should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective equestrian headgear that is designed for use when riding or near equines. I am NOT relying on Stable to provide a helmet for me, to check any helmet or helmet strap I may wear, or to monitor my compliance with this suggestion at any time.
PROTECTIVE HEADGEAR / HELMET WARNING
I / WE AGREE THAT: I for myself and on behalf of my child and / or legal ward have been fully warned and advised by THIS STABLE that protective headgear / helmet, which meets or exceeds the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, should be worn while riding and / or driving and / or training and / or being near horses, and I understand that the wearing of such headgear / helmet at these times may reduce severity of some of the
wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences. I am not relying on THIS STABLE and / or its associates to provide a certified helmet for me or to check any headgear / helmet or headgear / helmet strap that I may wear, or to monitor my compliance with this suggestion at any time now or in the future.
6. Emergencies. Medical Authorization. By signing this Agreement, I grant full authorization for Stable and its representatives, contractors, or employees to administer general first aid treatment for any minor injuries or illnesses experienced by me (including minors, if designated). If any injury or illness requires emergency treatment to myself or my child, I authorize the Stable to summon professional emergency personnel to attend, transport, and treat me, and I consent to any X-ray, anesthetic, transfusion, medication, diagnosis, treatment, or care deemed advisable by a licensed physician, dentist, or other medical professional or institution. I agree to assume financial responsibility for all costs. This authorization is given in advance of any such medical attention but is given to provide my authority. I agree to release The Released Parties and hold them harmless from liability connected with obtaining medical attention for myself or others on my behalf. This authorization is effective continuously. I have listed the emergency contacts in this form.
7. Independent Equine Professionals. I am aware that equine professionals (such as instructors, trainers, or clinicians) may do business on or near the Stable Property, but I understand that they have independent businesses and that they have no employment, partnership, joint venture, principal-agent or other similar arrangement with Stable.
8. SADDLE GIRTHS / NATURAL LOOSENING WARNING
I / WE ACKNOWLEDGE THAT: Saddle girths (fastener straps around horse's belly) may loosen during riding. Studentsmust alert the instructor or attendant of any girth looseness so action can be taken to avoid slippage of saddle and the potential for the rider to fall from the horse.
9. . CONDITIONS OF NATURE WARNING, UNFAMILIAR AND SUDDEN SIGHTS, SOUNDS AND MOVEMENTS WARNING, AND INSPECTION OF PREMISES I / WE
ACKNOWLEDGE THAT: THIS STABLE is NOT responsible for total or partial acts, occurrences, or elements of nature and / or sudden and / or unfamiliar sights, sounds and / or sudden movements that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightening, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, or fly near, or bite or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in
condition according to weather, temperature, and natural and man-made changes in landscape. I also understand that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on THIS STABLE to list all possible conditions for me. The student and parent or legal guardian have inspected THIS STABLE'S facilities and are satisfied that all premise conditions are reasonably safe for this student’s intended purpose, usage and presence upon THIS STABLE'S premises.
This Agreement is governed by Michigan law and is intended to be as broad and inclusive as Michigan law permits. Should any part of this Agreement conflict with Michigan law, only that part will be void but the remainder of this Agreement shall stay in full force and effect at all times, now and in the future. This Agreement can only be modified in writing and signed by Amy or Jason Miller (on behalf of Stable) and me. Should I breach this Agreement, or any part of it, I agree to pay attorney fees and court costs related to such breach that are incurred by any or all of The Released Parties. I also agree to pay attorney fees and costs incurred to enforce this Agreement, and I will indemnify and hold harmless The Released Parties for all such fees and costs. It is also agreed that any disputes that may arise under this Agreement, or any activities that are undertaken pursuant to this Agreement, shall be litigated in a State or Federal Court of proper jurisdiction located in or nearest to Washtenaw County, Michigan.