RELEASE AND WAIVER OF LIABILITY
AND
HOLD HARMLESS & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY AND COMPLETELY BEFORE SIGNING
The Equine Activity Liability laws of the State of Washington, RCW 4.24.540, state among its statutory provisions that “an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity”.
1. DESCRIPTION OF RISKS
“Engaged in an equine activity” means a person who rides, trains, vaults on, or is a passenger upon an equine, whether mounted or unmounted.
“Equine activity” means (i) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including but not limited to equestrian vaulting; (ii) equine training or teaching activities; (iii) boarding equines; (iv) riding, vaulting on, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prosp
ective purchaser of the equine to ride, inspect, or evaluate the equine; and (v) rides, trips, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
“Equine professional” means a person or their agent engaged for compensation in (i) instructing a participant or renting to a participant an equine for the purpose of training, riding, vaulting, or being a passenger upon an equine or (ii) renting equipment or tack to a participant.
“Spectator” means any person in the vicinity of an equine activity whether watching the activities or simply in the area.
“Participant” means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
All the above named must understand that there are risks inherent in dealing with horses (equine activity). Some of the inherent risks include:
• The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine.
• The unpredictability of an equine's reaction to sounds, sudden movements, unfamiliar objects, persons, or other animals.
• That there may be hazards including, but not limited to, surface or subsurface conditions.
• The possibility of a collision with another equine, another animal, a person, or an object.
• The potential of an equine activity Participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the Participant or to other persons, including, but not limited to failing to maintain control over an equine or failing to act within the ability of the Participant.
Participants and spectators further understand the examples of the equine activity taking place at Apex Vaulters and Cadbury Farm include but are not limited to:
• Riding, jumping, vaulting, showing, trail riding, and the like.
• Routine care and feeding of the equine, including veterinary and farrier services.
• Traveling, loading and unloading of equine.
2. ACKNOWLEDGEMENT OF RISK
1. I have read and understand, and freely and voluntarily enter into this Release and Hold Harmless Agreement with Camille Birch and her agents and employees of Apex Vaulters and Nichole Walters and her agents and employees of Cadbury Farm, understanding that this Release and Hold Harmless Agreement is a waiver of any and all liability(ies).
2. I understand the potential dangers that I could incur in mounting, riding, vaulting on, walking, grooming, boarding, feeding said horse; including, but not limited to, any interactions with other horses and other animals. Understanding those risks I hereby release that Apex Vaulters, its officers, directors, employees and anyone else directly or indirectly connected with them from any liability whatsoever in the event of injury or damage of any nature (or perhaps even death) to me or anyone else caused by or incidental to my electing to mount and ride or vault on a horse, or be a spectator at such event, at Apex Vaulters.
3. I understand that there are risks inherent in dealing with equines as itemized above.
4. I understand and recognize and warrant that this Release and Hold Harmless Agreement, is being voluntarily and intentionally signed and agreed to, and that in signing this Release and Hold Harmless Agreement I know and understand that this Agreement may further limit the liability of equine professionals to include any activity, whatsoever, involving an equine, including death, personal injury and/or damage to property.
5. I recognize and agree that I know which equine professional(s) I will be working with, and acknowledge that I agree said equine professional(s) has/have made reasonable and prudent efforts to determine my ability to engage in the equine activity, and has/have sufficient knowledge of my equine, vaulting, and horseback riding skills.
7. I also freely and voluntarily enter into the following Mediation and Arbitration Agreement concerning any equine activity incidents relating to or allegedly involving Apex Vaulters or its agents.
I acknowledge that I have read the above statements and definitions, and hereby indemnify and hold harmless, Apex Vaulters, and its employees, volunteers, and officers from any liability arising from accident, injury, theft, or damages to myself, my representatives, and helpers, all equipment and property, and all animals under my jurisdiction. This agreement shall continue for each and every visit to Apex Vaulters’ location.
I further agree to be held solely responsible for the control of my horse(s) and to handle them in a safe and cautious manner.
I agree to provide my own health insurance coverage and to provide proof of such insurance upon request.
Participant agrees that Participant has been given sufficient time to read, and understand, and ask questions, if any, concerning the nature and scope of this Voluntary Waiver Agreement.
The terms of this release form shall be construed as the entire agreement and may not be altered, amended, or modified except in writing and signed by both parties. The terms of this release shall be governed by the laws of the State of Washington.
In addition, I hereby grant permission and authority to Apex Vaulters, its officers and authorized agents to act for us in executing verbal instructions of if unable to contact us, to act for us in dealing with physicians, available ambulance companies and hospitals, to obtain prompt medical attention for the participant named above in the event of any perceived medical emergency. I allow Apex Vaulters, or its representatives, to sign for treatment in any licensed medical facility. I also agree to be financially responsible for all treatment authorized by the Apex Vaulters or its representatives. I hereby covenant and agree to release Apex Vaulters, it’s officers, agents and employees, and owners of any property concerned, and hold harmless from liability for any injury or damage which the rider/vaulter may sustain while at Apex Vaulters or participating in any activity sponsored by Apex Vaulters, and from any liability connected with obtaining prompt medical attention for the rider/vaulter named above.
I agree that as a condition of membership and/or participation, the Apex Vaulters, their members, volunteers and/or sponsors may use or assign photographs, videos, audio recordings, or other likenesses of me, my minor child and/or my horse taken during the course of my participation in and/or observation of activities and/or events organized by, for or with Apex Vaulters, Equestrian Vaulting USA (EVUSA) and/or their members, volunteers, officers, sponsors, assignees and employees for the promotion, coverage or benefit of: vaulting as a sport; vaulting clubs, including but not limited to Apex Vaulters; the EVUSA and/or Region III of the EVUSA. Those likenesses shall not be used to advertise a product. I hereby expressly and irrevocably waive and release any rights in connection with such use, including any claim to compensation, invasion of privacy, right of publicity, or to misappropriation.
MINORS:
The undersigned declares that the undersigned is the parent or legal guardian of the minor named below. The undersigned has read the foregoing Release and Indemnity Agreement and in consideration of Apex Vaulters allowing such minor entry onto its premises and/or allowing such minor to participate in equestrian activities, hereby agrees that all of the terms and conditions contained herein shall apply to such minor and shall be binding upon the undersigned and the minor.
I agree that an electronic copy of this document shall serve the same purpose as the original and that the electronic signatures appearing on this document are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
I HAVE READ AND FULLY UNDERSTAND ALL OF THE ABOVE PARAGRAPHS OF THE RELEASE AND WAIVER OF LIABILITY AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT.