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  • WAIVER, AGREEMENT, AND LIABILITY RELEASE

    READ CAREFULLY BEFORE SIGNING

    I agree to this Waiver, Agreement, and Liability Release (hereafter, "Agreement") with Dizzy Jay Farm who is a corporation or LLC (hereafter referred to as "Stable") as a condition for it allowing me and the persons identified below (if any), to do any or all of the following at any time and at any location: enter Stable's premises, land, facilities, barns, arenas, paddocks, pastures, and surrounding land; be near horses, ponies, mules, donkeys or other animals affiliated with the stable (hereafter, "equines"), work with, handle, ride, drive, and/or receive instruction or guidance related to riding, driving, handling and/or working with equines. (All of these activities, individually and collectively, will be referred to as "The Activities" throughout this Agreement.)

  • To the fullest extent allowed by law, I also make this agreement on behalf of the following who is/are my child/children or legal ward(s):

  • All parts of this Agreement apply to me and each of the children or legal wards listed above. [We will collectively call ourselves "l," "me," or "my" throughout this Agreement.]

  • IT IS AGREED AS FOLLOWS:

  • 1. Consideration/Binding Effect. I have voluntarily requested to engage in any or all of The Activities and I am signing this Agreement in consideration for being allowed to engage in any or all of The Activities now and in the future. I understand that although I am signing this Agreement today, I also intend for it to be valid and binding when | engage in any or all of The Activities at any time in the future and at any location.

  • 2. Risks / Inherent Risks of Equine Activities. I understand that anyone riding, driving, handling, working with, or even near an equine at any location can suffer bodily and other injuries. Among other things, equines are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways, back up quickly, or run away from real or perceived danger by trotting or galloping. Equines also have the ability to kick, buck, rear up, spin around, strike, or bite. I know that equines can do these and other things without warning. I also understand that all equines, even if they have no history of hurting anyone, are powerful and have the potential to be dangerous to people, equines, and other animals.

    In addition, I understand that riding, driving, handling, working with, or even being near an equine can expose me to numerous hazards, which could include, for example: a danger or condition that is an integral part of equine activities, including all of the following: (1) The propensity of an equine to behave in a way that may result in injury or death to a person on or near it. (2) The unpredictibility of an equine's reaction to a sound, movement or unfamiliar object, person or animal. (3) A collision with an object or another animal. (4) The potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability. (5) Natural hazards, including surface and subsurface conditions. I understand these risks and dangers that are inherent in equine-related activities, and I agree to assume all of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned in this Agreement. I am NOT relying on Stable to list all possible equine-related risks in this Agreement or any time, now or in the future.

     

  • 3. WAIVER AND LIABILITY RELEASE: As consideration for Stable allowing me to engage in any or all of The Activities, now or in the future, I agree to assume full responsibility for any and all bodily injuries, losses, or damages that I may sustain at any time. I (on behalf of myself and my spouse, parents, heirs, legal representatives, assigns, minor child/ren or legal wards) agree to each of the following:
    (a) Stable and his/her/its/their respective officers, directors, members, managers, employees, agents, heirs, family members, assigns, representatives, affiliated persons, and others acting on their behalf (hereafter referred to collectively as "The Released Parties") shall not be liable for any losses, injuries, or damages that I may sustain as a result of engaging in any of The Activities at any time or at any location; and
    (b) I fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (present or future) against The Released Parties whether the claims are known, unknown, anticipated or unanticipated, and whether caused by their ordinary negligence, a risk/inherent risk (as described above), a violation of a state Equine Activity Liability Act, or other liability resulting from or arising out of my/our engaging in The Activities at any time and at any location. The term "damages" in this Agreement means, for example, medical expenses any and all claims or losses because of bodily injuries, mental/emotional injuries, or property damages, death, expenses, and/or personal property damages. This Agreement is intended to apply and be binding regardless of whether I am riding, driving, handling, or near equines. (In accordance with Wisconsin law, however, we are not releasing The Released Parties from loss, injury, or damage that is directly caused by reckless conduct or intentional wrongful acts on part of The Released Parties.)

    NOTICE: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481(1e) of the Wisconsin Statutes.

  • 4. INDEMNIFICATION. To the fullest extent permitted by law, I also agree to indemnify and hold harmless The Released Parties against any and all claims, demands, actions, liabilities, losses, or suits that are brought against The Released Parties (or either of them) which are in any way connected with my participation in any of the Activities at any time and any location, including claims that allege acts or omissions of The Released Parties that are negligent or in violation of a state Equine Activity Liability Act. This indemnification shall also include reimbursement of reasonable attorney fees and costs incurred by The Released Parties.

  • 5. ASTM/SEI Helmet/Headgear. I understand that I should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective headgear that is designed for use when riding, driving, handling, or near equines. I am NOT relying on Stable to provide a helmet for me, to check any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time. If I choose to wear a helmet/headgear, if I choose not to, and the type of helmet/headgear that I wear are my decisions.

  • 6. Emergencies. Person(s) to Contact in Case of Emergency:

  • 7. Wisconsin law applies to this Agreement, and I agree that this Agreement shall be enforced to the greatest extent permitted by law. If any clause conflicts with applicable law, only that clause will be null and void but the remainder shall stay in full force and effect. This Agreement can only be modified in writing and signed by me and Danae Johnson &/or Zach Johnson (on behalf of Stable I agree to pay any attorney fees and costs for The Released Parties (or either of them) to enforce this Agreement, and I agree to indemnify and hold harmless The Released Parties for such fees and costs.

  • 8. PHOTO AND MEDIA RELEASE

    I, the undersigned, hereby grant Dizzy Jay Farm and its representatives the irrevocable right and permission to take, use, publish and reproduce photographs, videos, or other media of myself and/or my minor child(ren) and/or legal wards while participating in activities affiliated with Dizzy Jay Farm for promotional purposes.

    This includes, but is not limited to, use in printed materials, social media, websites, advertisements, and other marketing or educational platforms. I understandd that no monetary compensation will be provided for the use of such media.

    I acknowledge that I have the right to decline this consent and have indicated my decision below:

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  • 8. ALSO, I REPRESENT (please check and initial each box below):

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  • ACCEPTED BY: "STABLE" REPRESENTATIVE

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  • Notice: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481(1e) of the Wisconsin Statutes.

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