I, {participantName}, desire to (1) ride, groom, feed, and work with horses and livestock, (2) play polo or engage in polo related activities, (3) enter upon and use, drive vehicles, and camp, and/or (4) use various structures, fences, corrals, and related facilities (collectively the “Activities”) on real property commonly described as 4850 S. Ricks Road, Jackson, Wyoming (“Premises”), and I voluntarily sign this Irrevocable Release and Waiver of Liability as a condition of my presence on the Premises and engaging in any of the Activities on the Premises. My intent is to waive in advance any and all claims that I may have against any of the Released Parties (defined below) for any damage or harm of any kind I may suffer, including my death, while on the Premises or engaging in any of the Activities.
- I understand that there are certain risks, including inherent recreational risks, arising out of my presence on the Premises and engaging in any of the Activities including, but not limited to:
- Improperly designed, constructed, or maintained pastures, fields, fences, gaits, roads, trails, and structures
- Defective condition of the Premises and/or any fences, gaits, trails, road, and structures
- Falling off, getting kicked, being run over, or otherwise being injured or killed by horses or riders of horses
- Being bitten or chased by dogs and other animals
- Crashing, falling, and colliding with natural and/or man-made objects
- Vehicular collisions and accidents, including not only automobiles, but also farm machinery, all-terrain and similar utility vehicles
- Exposure or being subject to severe weather, fire, smoke, intense sun, altitude sickness, water parasites, exhaustion, and/or extreme temperatures
- Tripping, falling, hitting, or being hit by man-made and natural objects
- Being provided with inaccurate information about the Premises, the Activities, or any other matter
- Complication arising from poor communication services to and from the Premises and delayed response time from emergency providers
- Negligent or criminal conduct of other individuals on Premises
- Negligent conduct of the Released Parties
I understand that all dangerous conditions and inherent risks related to my presence on the Premises and/or participation in the Activities cannot be listed and that the above list is not meant to be a list of all such dangerous conditions or inherent risks that I may encounter while on the Premises or engaging in the Activities. I understand that by entering upon the Premises and/or engaging in the Activities, I am assuming the risk that the above-listed or other events may occur, which could result in my or others’ severe injury or death. I am not relying on any statements or representations by any of the Released Parties in deciding to enter upon the Premises or to participate in the Activities.
By executing this Irrevocable Release and Waiver of Liability, I am forever releasing Melody Ranch Investments I LLC, a Wyoming limited liability company, and Jackson Hole Polo Club, a Wyoming non-profit corporation, together with each of their owners, members, employees, agents, successors and assigns, together with their respective entities which are affiliated with them, owned by them, or otherwise operated by them, as may be the case (collectively the “Released Parties”) for and from any liability and damages of any kind arising out of my entry upon the Premises and my participation in the Activities, including, but not limited to, my death.
I, {participantName}, for myself, my heirs, successors, executors and assigns, hereby KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS each of the Released Parties from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any death, damage, loss or injury to me or my property as a result of my presence on the Premises or as a result of my participation in any of the Activities, even if such damage, loss, injury or death results from the acts, omissions or negligence (including gross negligence) of any of the Released Parties or from some other cause. I AGREE that neither I, nor anyone acting on my behalf, will make a claim against, sue or otherwise maintain an action of any kind against any of the Released Parties as a result of any injury, loss or damage suffered by me, including my death.
I acknowledge that my decision to participate in the Activities is my decision alone and I am solely responsible for my equipment and safety while on the Premises or participating in the Activities. In deciding to enter upon the Premises and to participate in the Activities, I am not relying upon any statement or information provided by the Released Parties.
Finally, I understand that, under Wyoming’s Recreation Safety Act, codified at Wyoming Statutes Sections 1-1-121 through 1-1-123 (“Act”), a participant of any sport or recreational opportunity in the State of Wyoming assumes the inherent risks associated with that sport or recreational opportunity. I agree and acknowledge that the Activities are recreational opportunities as defined in the Act and that the inherent risks, hazards and dangers of the Activities identified in this release are each an “inherent risk” as defined by Wyoming Statute Section 1-1-122(a)(i) and I knowingly and voluntarily assume those inherent risks and the consequences of them.
Any action, claim or dispute associated with the Activities or involving the interpretation or enforcement of this Irrevocable Release and Waiver of Liability shall be governed under applicable Wyoming laws and shall be brought and maintained in the Courts of Teton County, Wyoming.