WITNESSETH:
A. The terms Equine, Equine Activity, Equine Activity Sponsor, Equine Professional, and Participant, as used herein, shall have the same meanings as those ascribed to those terms in the definitions section of the North Dakota Equine Activity Law, North Dakota Code 53, Chapter 10, Sec. 53-10-01, et seq. (“Code”).
B. By Code definition, Savannah Symons and Hoof Prints Camp Staff Members are Equine Professional who instructs and provides riding services to Participants; and Scott and Sonya Syverson are Equine Activity Sponsors who own and provide the farm facility for riding services and other Equine Activities provided to Participants by the Equine Professional.
C. Code Sec. 53-10-02, subsection 1, provides that, except as provided in subsection 2, an Equine Activity Sponsor or an Equine Professional is not liable for an injury to or the death of a Participant engaged in an Equine Activity, and except as provided in subsection 2, no Participant or Participant’s Representative may maintain an action against or recover from an Equine Activity Sponsor or an Equine Professional for an injury to or the death of a Participant.
D. The parties intend that all of the privileges and immunities allowed by the Code shall accrue to the benefit of the respective parties to this Agreement and their heirs, personal representatives, and successors.
NOW, THEREFORE, in consideration of use of Equines, tack and equipment provided by the Equine Professional or Equine Activity Sponsor and for service fees other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, including the Participant and, if a minor, the Participant’s parent or legal guardian, agree as follows:
1. Inherent risks of an Equine Activity. Participant understands that --
(a) Horseback riding and participation in an Equine Activity involve risks that may cause serious bodily injury or even death to Participants who ride or are in proximity to Equines because of the unpredictable nature and behavior of Equines, irrespective of their training and past performance, or due to Participant’s own acts or omissions or negligence of Participant or others, or the propensity of Equines to act or behave in an inherently dangerous manner;
(b) Equines, without warning, provocation, or any apparent cause, may buck, kick, stumble, fall, rear, bite, run away, make unpredictable movements, jump or attempt to jump an obstacle, or step on persons; and
(c) Halters, saddles, bridles, or other tack and equipment, whether provided by an Equine Professional or Equine Activity Sponsor or Participant, may loosen or break, causing a rider participant to fall or be subjected to serious injury or even death.
2. Voluntary assumption of risks. Participant acknowledges that he or she has been fully informed and is aware of the inherent risks associated with any Equine Activity, including horseback riding and participation in equestrian sports activities; voluntarily assumes the risks of personal injury or death inherent in use of an Equine or tack and equipment provided to Participant by the Equine Professional; and has read, understands, and agrees to abide by and comply at all relevant times with posted barn rules and warning signs and notices.
3. Release, discharge and covenant not to sue.
(a) On behalf of himself or herself and his or her heirs and personal representatives, Participant hereby agrees to hold and save the Equine Professional and Equine Activity Sponsor harmless and not to sue the Equine Professional or Equine Activity Sponsor, or their respective heirs, personal representatives, employees, agents, successors, or assigns for any loss, liability, damages, or costs whatsoever arising out of or related to any loss, damage, or injury, including death, to Participant or property of Participant related to Participant’s participation in an Equine Activity. Further, Participant releases the Equine Professional and Equine Activity Sponsor and their respective heirs, personal representative, employees, agents, successors, and assigns from any claim of ordinary negligence in assessing Participant’s riding experience or ability, selection of the Equine for services/lessons; or maintenance, care, fit, or adjustment of saddles, bridles, or other tack and riding equipment.
(b) Participant and/or guardian understands, takes responsibility for and agrees that while participating in any Equine Activity the Participant shall wear a proper fitting ASTMN SEI certified riding helmet, long pants, and cowboy boots or closed toe leather boots with one-half inch heel.
(c) Participant authorizes and consents to the use and reproduction by Equine Professional of any and all photographs and any other audio visual materials taken of Participant for promotional material, education activities, exhibitions, and social media, or for any other use for the benefit of the Equine Professional or Equine Activity Sponsors in connection with Equine Activities described in and subject to this Agreement.
4. Indemnification and hold harmless. Participant hereby indemnifies and agrees to save and hold the Equine Professional and Equine Activity Sponsor harmless from and against any loss, damage, or cost, including reasonable attorney’s fees, that either or both may incur that arises out of or is connected with Participant’s use of an Equine or any tack or equipment provided therewith by the Equine Professional, or acts or omissions of the Equine Professional or her agents or employees. Participant further agrees that if, despite this Agreement, Participant, or anyone on Participant’s behalf makes a claim against the Equine Professional or Equine Activity Sponsor, then Participant shall indemnify and save the Equine Professional and/or Equine Activity Sponsor harmless from any loss, liability, damage or cost, including cost of defense, which she or they may incur as the result of such claim.
5. Parental consent.
(a) If this Agreement is executed by the undersigned Participant for and on behalf of a minor Participant named herein, the undersigned represents and attests that he/she is, in fact, the parent or legal guardian of such minor with all rights of custody and control; that this Agreement is given on behalf of and is intended to be binding upon said minor Participant and his/her heirs, personal representatives, successors and assigns, and the undersigned Participant further agrees that this Agreement shall be as fully binding on the undersigned Participant as if it were entered into solely on his/her own behalf.
(b) The undersigned parent or legal guardian takes and accepts full responsibility to protect himself or herself and any child, whether or not participating in an Equine Activity, from any recreational equipment located in or about the Equine Activity facilities and premises, including, without limitation, swimming pool, trampoline, swing set, or any other recreational apparatus (“Premises”)..
(c) The undersigned parent or guardian also understands and agrees that all children on the Premises must be supervised at all times, and that no child or any other person my enter any pasture, pens, arena, and buildings located in or about the Premises without the express consent of the Equine Professional or, under any circumstances, be allowed to climb on the arena or fencing at any time.
6. Miscellaneous.
(a) Law to govern. This Agreement shall be governed by the laws of the State of North Dakota. and jurisdiction and venue for any action commenced hereunder shall be in the state courts of North Dakota.
(b) Severability. In the event that any provision of this Agreement is determined to be unenforceable, such provision, or so much thereof as may be unenforceable, shall be stricken, and the remainder of this Agreement shall remain in full force and effect and enforceable according to its terms.
(c) Benefit and succession. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.
(d) Copies. This Agreement may be executed in counterparts, including facsimile and electronic (e.g. PDF) counterpart copies, but each shall constitute one and the same original, fully executed contract among the parties.
INSTRUCTOR JOINDER AGREEMENT
1 Savannah Symons dba “Hoof Prints on the Heart LLC” at Aneta, North Dakota (“Hoof Prints”) is an Equine Professional, as that term is defined in the North Dakota Equine Activity Liability Act, North Dakota Century Code 53-10-01 (“Code”).
2 Hoof Prints requires any Participant, as that term is also defined in the Code, including parents or guardians of minors, to sign and deliver a Hoof Prints Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Release”) prior to engaging in any Equine Activity.
3 All defined terms in the Release, including Equine, Equine Activity, Sponsor, Professional, and Participant, have the same meanings in the Release as those ascribed to them in the definitions section of the Code.
4 Hoof Prints has contracted with Siri Baskerville (“Siri”), Sarah Kytonen (“Sarah”), Hannah Quanbeck (“Hannah”), Kelsey Gohman (“Kelsey), and Ashley Reinhart (“Ashley”) all a resident of the State of North Dakota, to provide riding services to students. Making Siri, Sarah, Hannah, Kelsey and Ashley Equine Professional under the terms of the Code, i.e. a person engaged for compensation in instructing a Participant.
5 By her execution and delivery of this Joinder, Siri, Sarah, Hannah, Kelsey and Ashley have joined and become a party to the Hoof Prints Release to which this Joinder is attached and made a part thereof, entitling her to all of the contractual and statutory protections and immunities from actions against Equine Activity Sponsors or Professionals named therein.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date written in this form.
Equine Proffesional: Savannah Symons (dba Hoof Prints on the Heart)
Savannah Symons
Equine Proffesionals: Siri Baskerville, Sarah Kytonen, Kelsey Gohman, Hannah Quanbeck and Ashley Reinhart.
Siri Baskerville, Sarah Kytonen, Kelsey Gohman, Hannah Quanbeck, Ashley Reinhart
Equine Activity Sponsor: Scott Syverson
Scott Syverson
Equine Activity Sponsor: Sonya Syverson
Sonya Syverson