CIRCLE STAR ARENA ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
By my signature below, I, the participant, acknowledge that I have voluntarily applied to participate in the followingequine activities, which activities are produced and/or sponsored by Kitty McLaughlin.In consideration of the Event Sponsors allowing me to participate in the Activities, I agree as follows:
1. Assumption of Risks. I acknowledge that there are numerous inherent risks associated with equine activities,including but not limited to:(a) the propensity of equines to behave in such ways as to result in injury or deathto persons on or around them;(b) the unpredictability of an equine’s reaction to such things as sounds, suddenmovements, unfamiliar objects, persons or other animals;(c) collisions with other animals; and(d) the potentialof participants to act in a negligent manner that may contribute to injury to the participant or others. With fullknowledge and appreciation of these and other inherent risks associated with the Activities, I freely andvoluntarily assume such risks.
2. Waiver and Release of Liability. Understanding and assuming the risks of the Activities, I hereby waive anyand all rights to sue and hereby release the Event Sponsors and their respective directors, officers, members,employees, volunteers, agents, contractors and representatives (collectively, the “Releases”) from any and allliability, loss, claims or actions that I, my assignees, heirs, or legal representatives may have for propertydamage, injury or death (including to my horse) resulting from the Activities. This waiver and release iseffective even if the property damage, injury or death is caused by, or contributed to by, actions or failure to actof the Releases that constitute ordinary negligence or a violation of any applicable law pertaining to equineactivity liabilities
3. Permission to Summon Medical Assistance. If I am injured during the course of participating in theActivities and am unable to verbally communicate, I hereby grant permission to the Event Sponsors to summonmedical assistance for me if they deem it necessary in their sole discretion. I further agree to be financiallyresponsible for payment of all costs resulting from the rendering of medical aid and/or ambulance services inthe event of an injury, accident, illness to me while participating in any activities associated with the WesternDressage Event.
4. Indemnification. I also agree to indemnify and hold harmless the WDACO, and their respective clinicians,officers, directors, managers, members, employees, agents, assistances, representatives, assigns, and othersacting on their behalf against all liability, claim, loss, action or expenses which are sustained, suffered, orincurred by any third person(s) that I may cause (directly or indirectly) while engaged in any or all of theActivities at any time and at any location in connection with my attendance or participation in the clinic orinstruction activity with Clinician. ["Third persons" are any and all people who are not parties to thisAgreement and includes, but is not limited to, my relatives, guest or other clinic participants, spectators orvisitors, etc.]. The indemnification shall include reimbursement of Clinician's reasonable attorney fees.
5. Intent. This document is intended to be as broad and inclusive as applicable state law permits. If any clauseconflicts with applicable law, only that clause will be void but the remainder shall stay in full force and effect.6. I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by the WDACO,and their clinicians, hereinafter referred to as clinician, that I should purchase and wear property fitted andsecured ASTM-standard/SEI-certified protective headgear (helmet and strap) that is designed for use byequestrians when riding or near horses and ponies in order to reduce the severity of some head injuries andpossibly prevent death from happening as the result of a fall or other occurrences. I am not relying on theclinician or anyone affiliated with the clinician to provide a certified equestrian helmet or headgear for me, tocheck any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time - now CIRCLE STAR ARENAor in the future. Children under the age of 18 must wear a helmet. If I choose to wear anASTM-standard/SEI certified helmet and headgear, or if I choose not to, this is my decision alone.Under Colorado Law, an equine professional is not liable for any A to or thedeath of a participant in equine acAAtivates resulting from the inherent risks ofequine activities, pursuant to section 13-21-120, Colorado Revised Statutes.
I HAVE READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND I AGREE TO BEFULLY BOUND BY ITS TERMS. I UNDERSTAND THAT THIS IS A RELEASE OF CLAIMS AND THAT I AMASSUMING RISKS INHERENT TO MY PARTICIPATIONIf the Participant is under 18 years of age, the Participant’s parent or guardian must read and sign below,indicating his or her acceptance:The undersigned declares that he or she is the parent or legal guardian of the Participant and is over 21 years of age. The undersigned has read this Assumption of Risk, Waiver and Release of Liability, and hereby agrees that all of theterms and conditions contained herein shall be binding upon both the undersigned and the Participant