• WAIVER OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT

    DIAMOND J EQUESTRIAN CENTER LLC
  • WAIVER OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT

    DIAMOND J EQUESTRIAN CENTER LLC

    18550 Midway Ranch Road, Fountain, Colorado

    IN CONSIDERATION of your participation in any equine activity planned, hosted, sponsored, or produced by Diamond J Equine Center LLC or otherwise held at the equestrian center located at 18550 Midway Ranch Road, Fountain (the "Program"), I hereby release, waive, discharge & covenant not to sue Diamond J. Equine Center, LLC, Perry, Land and Livestock, LLC, their agents, or employees, hereinafter referred to as RELEASEES, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, however caused, while participating in said Program, or while in, or upon any premises where said Program is being conducted.

    I am fully aware of that there are inherent risks of equine activities, including, but not limited to the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals or objects; the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. Additionally, I acknowledge that I have been asked by and have provided information to the host and sponsor of the equine activities of my ability to engage safely in equine activities and to determine my ability to manage animals that I may be engaged. I understand that Releasees' insurance may not at all provide coverage to me for any injury, loss or damage suffered while participating in said program. I hereby elect to voluntarily participate in said Program, and to enter the above-named premises and engage in such activity, knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, a result of being engaged in such activity, however caused. I understand and agree that the Releasees have permission to authorize emergency medical treatment for me if I am injured and appear to be unable to arrange for and authorize such treatment myself. Furthermore, the Releasees assume no responsibility for any loss, damage, injury or death that might arise out of or in connection with such authorized emergency medical treatment. Moreover, I agree that I have no health-related reasons or problems that would preclude or restrict participation of this activity and that I have adequate health insurance necessary to provide for and pay any medical costs that may be incurred as result of injury. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorneys' fees, that they may incur due to my participation in said activity. It is my express intent that this agreement shall bind the members of my family and spouse, if any, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT

    RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL

  • NOT TO SUE the above-named RELEASEES. I hereby further agree that this agreement shall be considered in accordance with the laws of the State of Colorado.

    I understand that Diamond J Equine Center LLC has adopted a policy requiring the use of equine industry standard helmets at all activities conducted at the arena in Fountain, Colorado. To the extent that I choose to not wear such a helmet when I ride, or to the extent I authorize my child to ride without such a helmet, I hereby protect, defend, indemnify and hold harmless Diamond J Equine Center LLC and their employees, free and harmless from, and against, any and all losses, penalties, damages and liabilities of every kind and character arising out of or relating to any and all claims, obligations, actions, proceedings, liens or causes of action arising directly or indirectly out of my or my child's failure or refusal to wear such a helmet while participating in equine activities at the facility in Fountain, Colorado.

    IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless agreement, understand it and sign it voluntarily as my own free act and deed; no oral representation, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. WARNING: Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.

    THIS IS A RELEASE OF LEGAL RIGHTS AND A LEGALLY BINDING DOCUMENT. READ BEFORE SIGNING AND OBTAIN INDEPENDENT LEGAL COUNSEL IF DESIRED.

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