LIABILITY WAIVER -- RIDING BULL -- P.D.O.P.

By riding the mechanical bull, or allowing my minor child to ride the mechanical bull, I accept any risks involved in participation, and all liability, and will hold harmless PDOP, their agents, owners, volunteers, and all other persons or entities acting in any capacity on their behalf for any damages to my property or injuries to my person. This includes, but is not limited to, damages or injuries incurred due to negligence, carelessness, or equipment failure.  I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estate as follows: 

1.       I acknowledge that riding a mechanical bull entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties.  I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. 

The risks include, among other things: falling off or being thrown from the bull, which could result in musculoskeletal injuries including head, neck, and back injuries. 

Furthermore, PDOP staff/volunteers have difficult jobs to perform.  They seek safety, but they are not infallible.  They might be unaware of a participant’s fitness or abilities.  They might misjudge the weather or other environmental conditions.  They may give incomplete warnings or instructions and the equipment being used might malfunction. 

2.       I expressly agree and promise to accept and assume all of the risks existing in this activity.  My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 

3.       I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless from any and all claims, demands, or causes of action, that are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions. 

4.       Should PDOP or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

5.       I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself.  Further certify that I am willing to assume the risk of any medical or physical condition I may have. 

6.       In the event that I file a lawsuit against PDOP I agree to do so solely in the State of Nevada, and I further agree that the substantive law of that state shall apply in that action without regards to the conflict of law rules of that state.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

7.       I agree to abide by the safety instructions posted.  I understand that riding involves a rotating, bucking motion that has risks that cannot by fully avoided due to the nature of the activity. These risks include, but are not limited to:

·         Slipping or falling from the bull in an uncontrollable manner that results in physical injury.

·         Bumping into, colliding, or otherwise making contact with walls, the floor, observers, the bull structure itself, or other objects in a manner that results in physical injury.

·         Being struck by flying or falling objects of any kind.

·         Injuries due to equipment failure, pieces of the bull structure dislodging, entanglement in footholds or handholds, and other mishaps related to the structure of the bull and related equipment.

·         Injuries including but not limited to rope burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.

·         If riding in an outdoor setting: inclement weather, sunburn, heat stroke, or dehydration.

·         Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity of bull-riding.

8.       I acknowledge that I am not under the influence of alcohol or drugs, and that I do not have any pre-existing conditions that would put me at risk for riding.  I understand that the operator is not responsible for determining your condition or ability. 

9.       I authorize PDOP to use pictures or videos of me or my child on the bull in promoting their riding bull operations. 

By signing below, I {customerName}, acknowledge that if anyone is hurt or property is damaged during my participation or my child's participation in this activity, I may be found by a court of law to have waived any right to maintain a lawsuit against PDOP on the basis of any claim from which I have released them herein.  I have had sufficient opportunity to read this entire document.  I have read and understood it, and I agree to be bound by its terms. 

FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for {riderunder}, {riderunder49}, {riderunder50}, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.

In consideration of my child ("Minor") being permitted by PDOP to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless PDOP from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.