Younger Stables Liability Waiver

This is a legal and binding document entered into between the parties of Younger Stables LLC and Judy Pennington, herein referred to as TRAINER  and the below named PARTICIPANT, and if PARTICIPANT is a minor, PARTICIPANT'S parent/guardian, and any and all representatives, heirs, family members and/or agents, hereby agree to the following:

I, the PARTICIPANT’S parent/guardian agree to hold the Judy Pennington, Younger Stables LLC, employees, agents, staff, family, and/or the owner of the 809 Younger Ranch Road, Azle, Texas, herein referred to as property, harmless to any injuries, personal or property that might occur while riding at this facility and from my presence at the property. This includes anywhere on the farm property, in the way of lessons, equestrian homeschool, “Todler Tuesday”, “Mommy and Me”, trail riding, pleasure/recreational riding, test riding a sale horse and or any other riding and/or horse handling I might be doing at the time.

INHERENT RISKS AND ASSUMPTION OF RISK. The PARTICIPANT’s parent/guardian) acknowledges there are inherent risks associated with equine activities and hereby expressly assumes all risks associated with participating in such activities and/or use of and/or presence on the TRAINER'S property and/or facilities. The inherent risks may include, but are not limited to, the risk of bodily injury, property damages: the propensity of equines to behave in ways such as; running, bucking, kicking, rearing, biting, bolting, shying, spooking, stumbling, falling or stepping on, that may result in an injury, harm or death to a person (or persons) on, or around them; unpredictability of equine's reactions to such things as sounds, sudden movement(s) and/or unfamiliar objects, persons or other animals; certain hazards such as surface and substance conditions; collisions with other animals and/or objects; the limited availability to emergency care; and/or the negligence and/or deliberate act of another person(s); and the potential of a participate to act in a negligent manner that may contribute to injury to the participant and/or others, such as failing to maintain control over the equine or not acting within participant's ability, whether under instruction and/or supervision or not.

PARTICIPANT’S parent/guardian acknowledges that horses/ponies by their very nature are unpredictable. OWNER/RIDER assumes all risks in connection therewith, and expressly waives any and all claims for any and all injury or loss arising there from. PARTICIPANT agrees to abide by and follow TRAINER'S rules, regulations and/or instruction/guidance. RIDER further acknowledges that the behavior of any equine is contingent to some extent upon the PARTICIPANT'S ability. PARTICIPANT assumes all risks therefore and warrants a full and fair disclosure of the OWNER/RIDER'S abilities have been made to the TRAINER.

PARTICIPANT ( or PARTICIPANT’S parent/guardian), family members, spouses, siblings, representatives, heirs, employees of and/or agents agree to hold harmless, indemnify and defend TRAINER, and any and all of their successors, assigns, subsidiaries, affiliates, officers, directors, employees, agents against and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, inclusive of, but not limited to, attorney fees, legal expenses, expert witness costs, which may in any way arise from or be in anyway connected with the PARTICIPANT'S participation and/or presence upon the property and/or the facilities. In the event that the PARTICIPANT is a minor, the parent and/or guardian shall further indemnify, defend and hold TRAINER harmless from contractual limitations of actions.

PARTICIPANT ( or PARTICIPANT’S parent/guardian) agrees to hold TRAINER and any and all of their successors, assigns, subsidiaries, affiliates, officers, directors, employees, agents completely harmless and not liable and release them from all liability whatsoever and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, cost and/or expenses arising out of the PARTICIPANT'S use of and/or presence upon TRAINER'S property and/or facilities, including without limitations those based on death, bodily injury, property damage, including consequential damages.

PARTICIPANT ( or PARTICIPANT’S parent/guardian) agrees to waive the protection of any applicable statute(s) and/or laws(s) in this or any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person(s) giving the release does not know or suspect to exist at the time of executing said release. 

Ride at your own risk. I understand that riding horses can be a dangerous sport and that one can get hurt riding a horse/pony. Horseback riding is a dangerous sport and I, the PARTICIPANT ( or PARTICIPANT’S parent/guardian) hold the farm, trainers, instructors, employees, agents, Instructor/Trainers and representatives harmless if any of the following injurious situations shall occur, inclusive of, but not limited to, falling off a horse/pony, horse/pony falls down, the horse/pony bucks me off, the horse/pony runs away with me, getting hurt while jumping, running barrels, riding on the trails and/or any other type of riding I may be doing at the time an injury occurs. This extends to and includes unmounted situations such as if I am walking, or walking a horse/pony and I fall down, being stepped on by a horse/pony, or I am kicked by a horse/pony, run over by horse/pony or the horse/pony bites, kicks or bumps me. I do hold the TRAINER, the trainers, instructors, employees, agents and/or representatives harmless, free from liability and not responsible for any or all of these actions. I hold them harmless if my car/truck or trailer gets hit by another car/truck, trailer or tractor or if a horse kicks or runs into my car/truck while it is on the property. I assume all liability for my presence and/or participation while on the property. It is my responsibility to carry full and complete insurance coverage on my own horse/pony, personal property and/or that of my minor child(ren). ALL RIDER’S ARE REQUIRED TO WEAR APPROVED, HARNESSED RIDING HELMETS, RIDING BOOTS AND PROPER CLOTHES FOR HORSEBACK RIDING, INCLUSIVE BUT NOT LIMITED TO LONG PANTS AND SHIRT.

AGREEMENT SCOPE & TERRITORY This agreement shall be legally binding upon me, the registered OWNER/RIDER, and the parents or legal guardians there off it a minor, my hairs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of the state of Texas and Parker county - "THIS STABLE’s” physical location. The term “HORSE” HEREIN SHALL REFER TO ALL EQUINE SPECIES. The term “HORSEBACK RIDING” or “RIDING” herein shall refer to riding, training or otherwise handling of horses or ponies, whether from the ground or mounted. The term “PARTICIPANT” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms “I”, “me”, “my” shall refer herein to the above registered owner/rider and the parents or legal guardian thereof if a minor.

ACTIVITY RISK CLASSIFICATION - Horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of US Consumer Products) horse activities rank 64th among the activities people relative to injuries that result in a stay in US hospital. Related injuries can be severe requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.

NATURE OF RIDING HORSES - No horse is a completely safe horse. Horses are 5-15x times larger, 20-40 times more powerful and 3-4 times faster than a human. If a rider falls from a horse to the ground it will generally be a distance of from 3 1/2' to 5 ½ feet, and impact may result in injury to the rider. Horseback riding/driving is the only sport where one much smaller, weaker predator animal, the human, tries to control and become one unit of movement with another much larger, stronger prey animal, the horse, with each having a limited understanding of one another. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to, stopping short, changing direction, or speed at will; shifting its weight from side to side, bucking, rearing, biting, kicking or running from danger.

PARTICIPANT'S RESPONSIBILITY - Upon mounting a horse and taking up the reins the OWNER/RIDER is in primary control of the horse. The OWNER/RIDER’S safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. The PARTICIPANT shall be responsible for his/her own safety. ALL PARTICIPANT ARE TO BE PROPERLY ATTIRED FOR HORSEBACK RIDING INCLUDING BUT NOT LIMITED TO APPROVED, HARNESSED RIDING HELMET, RIDING BOOTS, LONG PANTS AND SHIRT.

CONDITIONS OF NATURE - THIS STABLE 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, lighting, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run or fly near, bite and/or sting a horse or person; and irregular footing on indoor or outdoor groomed or wild land which is subject to constant change in condition according to weather, temperature, nature and man-made changes in landscape.

INSPECTION OF PREMISES - PARTICIPANT has inspected THIS STABLE’S facilities and is satisfied that all premises conditions are reasonably safe for PARTICIPANT'S intended purpose, usage and presence upon THIS STABLE’S premises. 

 

PROTECTIVE HEADGEAR WARNING - I have been fully warned and advised by THIS STABLE that the rider should purchase and wear protective headgear (riding helmet), and that the wearing of such headgear while mounting, riding, dismounting or otherwise being around horses, may prevent or reduce severity of some head injuries and even prevent death from happening as the result of a fall or other incurrence. Any and all riders under the age of 18 are required to wear a protective helmet while mounted on any horse. I understand that I am to wear a helmet any time I am mounted on the back of a horse.

LIABILITY RELEASE - In consideration of this STABLE allowing my participation in this activity, under the terms set forth herein, I, the OWNER/RIDER, and the parent or legal guardian thereof if a minor, do agree to hold harmless and release this STABLE, it’s owners, agents, employees, officers, representatives, premises, owners, insurers and affiliate organizations from legal liability due to this STABLE’S ordinary negligence; I do further agree that I shall bring no claims, demands, actions and causes of action, and/or litigation against THIS STABLE and IT’S ASSOCIATES as stated above, for any economic and non-economic 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 THIS STABLE, to include while riding, handling or otherwise being near horses owned by or in the care, custody and control of THIS STABLE.

I UNDERSTAND AND ACKNOWLEDGE that I have been provided notice of the statutory limitation of liability for livestock activities, including equestrian events, under Texas law (TX CIV PRAC & REM §87.001 – 005). Younger Stables has posted signage at the Facilities that complies with such law. The notice and signs provide the following warnings: 

WARNING:  UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

The TRAINER shall not be held responsible for loss, damage, injury, claim, demand, cost and/or expense (inclusive of, but not limited to, legal fees) arising out of or connected with the use of the facilities, stabling and/or actions of the equine whether under the control and supervision of TRAINER or not.

ACCIDENT/MEDICAL & PERSONAL LIABILITY INSURANCE - Should medical treatment be required, I, the OWNER/RIDER or parent of the RIDER and/or my own accident/medical insurance company shall pay for all such incurred expenses. My accident/medical insurance company is indicated below. Should my actions or that of my horse cause injury or damage of any kind, I and/or my personal liability shall pay for such damages. 

PAYMENTS SHALL BE PAID DIRECTLY TO YOUNGER STABLES LLC AT THE TIME SERVICE IS RENDERED.  Any returned checks are subject to a $50.00 fee.   Payments made to Younger Stables LLC are NOT refundable.

I will behave and conduct myself properly and not cause any issues or unpleasantness. I will be properly attired to handle and/or ride horses. I will remain in areas for public use for the purpose of horse handling and/or horse riding. Any damage caused by myself, my horse, my family members, my guests or my agents are my sole financial responsibility.

I acknowledge that photographs or images of myself/my child may be taken during the activity. I provide Younger Stables LLC, along with their agents and affiliates, with unrestricted permission to utilize my/my child's name, photographs, or any other documentation of our participation in this activity in any form of broadcast, telecast, or other reports related to the activity for promotional purposes, without any compensation.