WARNING: UNDER IOWA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF DOMESTICATED ANIMAL ACTIVITIES, PURSUANT TO IOWA CODE CHAPTER 673. YOU ARE ASSUMING ANY AND ALL INHERENT RISKS OF PARTICIPATING IN THIS DOMESTICATED ANIMAL ACTIVITY.
A number of inherent risks are associated with a domesticated animal activity. A domesticated animal may behave in a manner that results in damages to property or an injury or death to a person. Risks associated with the activity may include injuries caused by bucking, kicking, biting, stumbling, rearing, trampling, scratching, pecking, falling, or butting. The domesticated animal may react unpredictably to conditions, including, but not limited to, a sudden movement, loud noise, an unfamiliar environment, or the introduction of unfamiliar persons, animals or objects. The domesticated animal may also react in a dangerous manner when a condition or treatment is considered hazardous to the welfare of the animal; a collision occurs with an object or animal; or a participant fails to exercise reasonable care, take adequate precautions, or use adequate control of the animal or failing to act in a manner consistent with the persons’ abilities (from Iowa Code Chapter 673).
In consideration of those risks therefore, the undersigned agrees to hold harmless and indemnify HM Riding Academy, Skunk River Equestrian Center, and its representatives and employees and further releases them from any liability or responsibility for accident, damage, injury, or illness to the undersigned or any horse owned by the undersigned or to any family member or spectator accompanying the undersigned on the premises of HM Riding Academy and Skunk River Equestrian Center.
DEFINITIONS: The term “Rider” shall refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The term “Horseback Riding” shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The terms “Horses” and “Animals” shall refer to all equine species. The terms “I”, “Me” or “My” shall refer to the registered participant/scout and the parents or guardians, if a minor.
PURPOSE & CONSIDERATION: In consideration of the payment of a fee and the signing of this agreement, I, the parent or legal guardian of the Scout listed on this registration form, do hereby voluntarily request and agree to participate in riding at HM Riding Academy and that my Scout will school horses provided by HM Riding Academy for instructional purposes today and on all future dates.
ACTIVITY RISK CLASSIFICATION: I understand that horseback riding is classified as a rugged adventure recreation sport activity, and there are numerous obvious and nonobvious inherent risks always present in such activities despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of the United States Consumer Products Safety Commission), horse activities rank 64th among activities of people relative to injuries that result in a stay at US hospitals. Related injuries can be severe requiring more hospital days and resulting in more last residual effects than injuries in other activities.
NATURE OF THE HORSES AT HM RIDING ACADEMY: I understand that HM Riding Academy chooses its school horses for their calm dispositions and sound basic training as is required to use by student riders, and that HM Riding Academy follows a rigid safety program. Yet, no riding horses is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to the ground it will generally be at a distance of 3.5 to 5.5 feet from the ground, and the impact may result in injury to the rider. Horseback riding is a sport in which a small, weak predator animal, the human, tries to impose its will on, and become one unit of movement with, a much larger, stronger prey animal with a mind of its own, the horse, and each has limited understanding of the other. If the horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts that may include, but are not limited to, stopping short, changing direction or speed at will, shifting its weight, bucking, rearing, kicking, biting or running from danger.
RIDER RESPONSIBILITY: I understand that, upon mounting a horse, picking up the reins for ground driving, or lunge line or leadrope for ground work, the rider is in primary control of the horse. The rider's safety largely depends on their ability to carry out simple instructions and the ability to stay balanced aboard the moving animal.
CONDITIONS OF NATURE & INSPECTION OF PREMISES: I understand that HM Riding Academy is not responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. Some examples are thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, or fly near, or bite or sting a horse or person; and irregular footing on out-of-door groomed or wild land that is subject to constant change in condition according to weather, temperature, and natural and human-made changes in landscape. The rider and parent or legal guardian have inspected the facilities and are satisfied that all premise conditions are reasonably safe for the rider’s intended purpose, usage, and presence upon these premises.
HELMET WARNING: I agree that for myself and on behalf of my child or legal ward, I have been fully warned and advised by HM Riding Academy that all horse handlers and riders should purchase and wear protective headgear that meets or exceeds the quality standards of the SEI Certified ASTM Standard F 1163 Equestrian Helmet while riding and being near horses. I do understand that the wearing of such headgear at these times is required by HM Riding Academy and may reduce the severity of some of the wearer’s head injuries and possibly prevent the wearer’s death from happening as the result of an accident.
RELEASE OF LIABILITY: I agree that, in consideration of HM Riding Academy allowing my participation in this activity, under the terms set for herein, I, the rider, for myself and on behalf of my child or legal ward, heirs, administrators, personal representatives or assigned, do agree to hold harmless, release, and discharge HM Riding Academy, Skunk River Equestrian Center, any owners, agents, employees, officers, directors, representatives, assigns, members, premises owners, horse owners, affiliated organizations, and insurers, and others acting on HM Riding Academy’s behalf (hereinafter, collectively referred to as “Associates”) of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to HM Riding Academy and its Associates ordinary negligence; and I do further agree that except in the even of HM Riding Academy’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against HM Riding Academy and its Associates as stated above in this clause, for any economic and noneconomic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of HM Riding Academy, to include while riding, handling, or otherwise being near horses owned by or in the care, custody, and control of HM Riding Academy, whether on or off its premises.