Release and waiver of Liability for Saving Grace Farm Ministry

Saving Grace Farm Ministry is a mentorship/discipleship ministry and is not a licensed equine therapy/counseling program, or facility.

***All children and ADULTS coming onto the premises must have a complete waiver. Each adult must have a separate form.***

VISITATION, PARTICIPATION AGREEMENT (the "Agreement"): READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. IT CONTAINS LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. STATEMENTS BY THE UNDERSIGNED ARE RECITALS UNDER ORC 4509.21 and ORC 2305.321 WHICH STATES THAT AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF AN EQUINE ACTIVITY PARTICIPANT THAT RESULTS FROM AN INHERENT RISK OF THE ACTIVITY.

RELEASED PARTIES INCLUDE: Saving Grace Farm Ministry, its agents, owners/Founders, officers, Board of Directors, volunteers, participants, employees, landlords and property owners and all other persons or entities acting in any capacity on their behalf (collectively referred to as "Stable").

RELEASING PARTIES INCLUDE: The undersigned participant and minor(s) listed in the Agreement, participant's spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant's behalf. 

AGREEMENT - READ BEFORE SIGNING

IN CONSIDERATION OF STABLE'S SERVICES: I hereby agree to release and discharge Stable on behalf of myself, my heirs, assigns, personal representatives, my estate, and any other person listed in this Agreement (cumulatively "participant", "I", "myself"), and as follows:

RELEASE OF LIABILITY, ASSUMPTION OF RISK, INSTRUCTION, JURISDICTION, VENUE: (1) I understand that by my presence on Stable premises, I may engage in activities or utilize the premises in a way that may involve inherent risks that are beyond the control of Stable. Stable has taken precautions to provide a safe setting, but I understand that the possibility of injury, death, or loss to persons is present. Activities may include, but are not limited to, physical activity, walking/running, group games, sports, aquatic activities, general recreation, general use of grounds including its improvements, working on projects in a woodshop, cooking, craft making, handling and petting or working with livestock to include but not limited to dogs, cats, cows, sheep, bees, chickens and riding in ranger, Kubota, trailer and other ranch equipment. By signing below, I hereby give consent for the below mentioned participants to use the grounds and activities. (2) I further agree that horseback riding and all equine activities are inherently dangerous activities and that these activities will expose me to significant risks, both known and unknown, which could result in physical or emotional injury, or possible death, or damage to myself, to property, or to third parties. (3) I expressly agree and promise to accept and assume all the risks existing in Stable activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Stable. My participation in all Stable activities is purely voluntary, and I elect to participate despite the risks.

 

 (4) I agree to acknowledge all of Stable's rules and regulations pertaining to all activities (equine or otherwise) occurring on or off Stable's property. (5) I agree with, and I am responsible for wearing protective gear appropriate for said activities to ensure my safety while engaging in same. (6) I understand that protective gear includes, but is not limited to, protective footwear and headgear. (7) I agree that the Stable has fully warned and advised me that protective equine Headgear that meets or exceeds the quality standards of the SEI certified ASTM standard F1163 equestrian helmet should be worn while riding or training horses. (8) I understand that wearing such protective headgear at these times may reduce the severity of some of the wearer's head injuries and prevent the wearer's death. I am not relying on Stable to provide a certified equestrian helmet for me, to check any headgear or equestrian helmet that I may wear, to check any headgear strap or equestrian helmet strap that I may wear, or to monitor my compliance with this suggestion at any time now or in the future. (9) I understand the risks, conditions, and dangers inherent in all Stable activities, including equine activities, which may include, but are not limited to: (a) the propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine; (b) the unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; (c) hazards, including, but not limited to, surface or subsurface conditions; (d) a collision with another equine, another animal, a person, or an object; and (e) the potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant. I agree to assume all risks involved in my use of our presence upon Stable's property and facilities while engaging in any activity without limitation. These risks include, but are not limited to, death, bodily injury, property damage, falls, kicks, bites, unavailability of emergency medical care, the ordinary negligence of another person or Stable, and the deliberate acts of another person. (10) I understand that 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, spinning around, changing direction or speed, shifting its weight, bucking, rearing, kicking, biting, or running from danger. The same is true for other animals upon property. (11) I acknowledge that these are just some of the risks and I agree to assume others not mentioned above. (12) I agree that the Stable is not responsible for total or partial acts, occurrences, or elements of nature or unfamiliar sights, sounds or sudden movements that may scare an animal, including a horse, cause it to fall, or cause it to react in some other unsafe way. Some examples include: 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 which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I also acknowledge that these are just some of the risks and I agree to assume others not mentioned above. I have asked or waived my right to inspect Stable's facilities and am satisfied that all premise conditions are safe for my intended purpose, usage, and presence upon Stable's premises. (13) I agree to stay out of all paddocks, corals, tack-rooms, offices, and non-office related buildings, and barns (excluding fellowship barns), while waiting for horse related or other activities or while waiting for a participant of such activities. (14) I acknowledge that saddle girths (the fastener straps around a horse's belly) may loosen during riding. I must alert the instructor or attendant of any girth looseness so action can be taken to avoid slippage of saddles and the potential for me to fall from the horse. 

 (15) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Stable from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of Stable's equipment or facilities, including any such claims which allege negligent acts or omissions by Stable but not grossly negligent or intentional. (16) I agree not to sue or initiate any legal action (whether in court or in arbitration) against Stable or any present or future owners, officers, members, managers, agents, employees and representatives of Stable, in connection with any claim which could have been or could be raised against any of them in any way connected with, arising out of, or relating to, personal injury or damage to the maximum extent permitted by law. (17) I certify that I have adequate insurance to cover any injury I may suffer while participating or otherwise agree to bear the costs of such injury or damage myself.

(18) I further certify that I have no medical or physical condition, which could interfere with my safety in this activity, or am otherwise willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. It is recommended that I visit with a physician to ensure that these physical activities do not pose an unacceptable health risk. (19) I understand that in this Agreement the terms "horse" and "equine" mean all equine species, including, but not limited to, horses, ponies, mules, donkeys, and foals (20) I understand that this Agreement is in addition to, and not in lieu of, Ohio's Revised Code 2305.321 (Equine Activities No Liability).

WORKSHOP, GREENHOUSE, ACTIVITIES: (21) I understand that in any Stable activity I may use inherently dangerous tools, equipment, machines, chemicals, or substances. Such activities include, without limitation, participating in woodworking, sewing, crafting, cooking, and in greenhouses. I agree that I will not use equipment or materials without familiarizing myself with their safe use. I will educate and inform myself on the inherent dangers and risks that are associated with participation in any Stable activity. I will inspect any related facility and equipment to be used in support of an activity at the Stable, and if anything is unsafe, I will immediately advise Stable of such condition. I acknowledge that risks of this nature could lead to illness, significant injury or even death. I am aware that my own behavior can affect my personal safety and the safety of others involved at the Stable. I will act according to all Stable rules, instructions, and policies. (22) Knowing the risks described above, I agree, on behalf of myself, my family, heirs, and personal representative(s), to assume all risks and responsibilities surrounding my participation in such activities. To the fullest extent permitted by law, I release and indemnify Stable from and against any present or future claim, loss or liability for injury to person or property which I may suffer, up to and including death, or for which I may be liable to any other person, during or as a result of my participation in any activity at the Stable.

MISCELLANEOUS: (23) I agree these releases are binding upon me, the minor(s) below for whom I am contracting, my heirs, executors, administrators, legal representatives, and successors. (24) Should Stable or anyone acting on its behalf be required to incur attorney's fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. (25) I agree that the validity and enforceability of this Agreement will be governed by the substantive law of Ohio, without regard to its conflict of law rules. (26) If a provision of this Agreement is determined to be unenforceable in any respect, the enforcebility of the provision in any other respect and of the remaining provisions of this  Agreement will not be impaired. 

(27) I agree that any action, suit, or proceeding arising out of the subject matter of this Agreement will be litigated in courts located in Allen County, Ohio. I consent and submit to the authority of any local, state, or federal court located in Allen County, Ohio. Not a contract of employment: (28) I understand and agree that any activities or tasks performed by me are strictly voluntary and are not in any way subject to not give rise to an employment relationship. I agree to save and hold harmless and indemnify each and all the parties previously referred to in this document, including without limitation Stable, from all liability, loss, cost, claim or damage whatsoever that may be imposed upon said parties because of any failure, or defect in or the lack of the minor('s/s') capacity, to act in accordance with this Agreement, and I release the Stable and said parties on behalf of the minor(s) and the minor('s/s') parents or legal guardian of said minor(s (29) I have carefully read this consent form, have been given the opportunity to ask questions and fully understand its contents. No representations, statements, or inducements, oral or written, apart from this form, have been made, except for those made by me in Stable's participation agreement (which is incorporated herein by this reference My agreements to the provisions in this form are voluntary. (30) I understand that this waiver may only be revoked in writing by the equine activity participant or myself. (31) I agree my releases are binding upon me, the minor(s) below for whom I am contracting, my heirs, executors, administrators, legal representatives, and successors.

Faith-based Consent: I acknowledge that Saving Grace Farm Ministry operates as a Christian faith-based organization. I give my permission for myself or my child(ren) to participate in associated activities including prayer, worship, devotional teaching, and faith-centered fellowship, all of which are integral to the mission of the ministry to glorify God through restoration and redemption.

ADULT/LEGAL GUARDIAN INFORMATION

EMERGENCY CONTACT (for Adult/Legal Guardian/Minor):

Medical Information: 

 

Insurance or Medical Cost-Sharing Company (Please Provide below):

 

 

*** Warning: Under Ohio Law, an equine activity sponsor, professional, or any other person is not liable for any injury or death of any participant in equine activities resulting from inherent risk of equine activities. *****

I have read this entire Release of Liability Document. I understand that it is a promise not to sue and to release Saving Grace Farm Ministries, its Board of Directors, employees/volunteers and agents/sponsors for all claims. I have made a free and deliberate choice to sign this release and waiver as a condition to Releasees allowing me or my child to ride or manage a horse. I have concluded that the risk involved, and the release and waiver of liability, is worth the pleasure of horseback riding experience and horse related activities.

Everyone at Saving Grace Farm Ministry is required to wear an ASTM/SEI certified riding helmet when on the back of a horse. (Bicycle, skateboard, and ATV helmets are not permitted)

Everyone must also be wearing proper footwear (tennis shoes or riding boots) if a child is not wearing proper footwear, they are not to be in stalls with horses as well as riding horses.