For and in consideration of Teton Horse Experience, for allowing me, the undersigned, to participate in any capacity (including as a rider, driver, handler, longeur, lessee, owner, agent, coach, official, trainer, staff, independent contractor, vendor or volunteer, spectator, speaker, demonstrator, announcer, flag presentation, EMTs, clinicians, and anyone participating or spectating) at the Teton Horse Experience, including but not limited to equestrian clinics, practices, shows,warm ups and related or incidental activities, working the event, spectating or being an audience member, parking, parking lot incidents and barn.
I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):
ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian and know that horseback riding and related equestrian activities, including being a spectators around Equine, Mules and Ponies are inherently dangerous, and that participation in any Teton Horse Experience Event involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property (including my horse(s), personal property & equipment) arising out of the unpredictable behavior of horses; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants and horses, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Teton Horse Experience Event organizers, staff, independent contractors and volunteers ; and other undefined, not readily foreseeable and presently unknown risks and dangers.
ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the at Teton Horse Experience, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my presence at Teton Horse Experience. I also agree to be responsible for any injury or damage caused by me, my horse, my employees or contractors under my direction and control at Teton Horse Experience.
WAIVER AND RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNITY: In conjunction with my participation in any Teton Horse Experience, I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: Teton Horse Experience, Staff and Volunteers, Contractors Wind River Arena, Clinicians, Speakers, Equine Professional and Event participants (including athletes/riders, coaches, trainers, judges/officials, and other personnel), the Event owner, licensee, and managers; the promoters, sponsors, or advertisers of any Teton Horse Experience; any charity, nonprofit or other beneficiary which may benefit from the Teton Horse Experience; the owners, managers, or lessors of any facilities or premises where a Teton Horse Experience may be held; and all directors, officers, employees, agents, contractors, and volunteers of any of the aforementioned parties (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Teton Horse Experience, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS A HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS.
By signing below, that I have read, understand, and agree to be bound by all applicable Bylaws, rules, and policies. If, despite this Agreement, I, or anyone on my behalf or the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities as the result of such claim.
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
ARENA AND FACILITY RULES: It is hereby agreed that all participants as stated above shall abide by all rules posted and listed in the Teton Horse Experience vendor contract as signed by Vendor regarding Teton Horse Experience and Wind River facility.
SIGNER STATEMENT OF AWARENESS:
I/we, the undersigned, have read and do understand the forgoing release agreement and assumption of risk. I/we further attest that we have read this release completely and have observed and read the Equine Activities Immunity signs posted on the grounds. I/we so understand that equine activities come with inherent risk and do assume that risk by participation with horses in accordance to Idaho Code.
ALL ACTIVITIES ON THE GROUNDS ARE SUBJECT TO THE EQUINE IMMUNITY ACT, IDAHO
CODE, CHAPTER 18, SECTION 6. 1801-6. BY YOUR PRESENCE ON THESE GROUNDS YOU HAVE
INDICATED THAT YOU HAVE ACCEPTED THE LIMITS OF LIABILITY RESULTING FROM EQUINE ACTIVITIES.
ALL PERSONS IN THIS AREA WILL BE REGARDED AS PARTICIPANTS AND LIMITED BY THE EQUINE
ACTIVITIES IMMUNITY ACT.