TERMS AND CONDITIONS / RELEASE AND INDEMNITY AGREEMENT
The participant and or Participant’s Parent or Guardian (herein called "Participant" , whether one or more , and defined to include, without limitation, any student, lessee, trainer, manager, agent, coach, rider, driver, handler and horse owner), acknowledges that such Participant has voluntarily agreed to participate in activities of an equine related educational, recreational and/or training nature ("Training") and in consideration thereof, and for other good and valuable consideration paid to or received by Participant, which Participant acknowledges to be sufficient, hereby agrees as follows:
1. Participant understands and agrees that the training, riding and using of horses and related equipment are inherently dangerous;
2. Participant is voluntarily agreeing to participate in these activities with full knowledge of the dangers involved and agrees to ASSUME ANY AND ALL RISKS of bodily injury, death, and property damage to Participant, Participant's property and Participant' s horse or horses;
3. Participant agrees TO INDEMNIFY, DEFEND AND HOLD HARMLESS Younger Stables LLC, its corporate parent and any and all affiliates, their respective officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all claims, losses, damages and expenses resulting or arising from or relating to any injuries to or death of any person or damage to any property caused by any act, omission or negligence of (a) Participant or Participant's agents, employees , invitees , guests or his, her or their horse or horses in, on or about any premises, including without limitation, any premises owned or leased by any of the Indemnified Parties, where any Training or related activities are held, including without limitation, any horse shows, (b) the condition of any such premises or of any equipment, regardless of ownership, and (c) any act, omission or negligence of any Indemnified Person , IT BEING AGREED THAT PARTICIPANT EXPRESSLY AGREES AND INTENDS TO INDEMNIFY THE INDEMNIFIED PARTIES AGAINST THEIR OWN NEGLIGENCE, STRICT LIABILITY, AND OTHERWISE, TO THE FULLEST EXTENT THAT PARTICIPANT MAY DO SO UNDER APPLICABLE LAW; and
4. Participant further RELEASES the Indemnified Parties from all claims, causes of action or demands for bodily injury, death, or property damage that Participant, or Participant's heirs, successors , assigns, guardian, spouse, next of kin or legal representative may have resulting from their participation in any Training or related activities, including, but not limited to any claim of negligence against any Indemnified Parties or anyone else, IT BEING AGREED THAT PARTICIPANT EXPRESSLY AGREES AND INTENDS TO RELEASE THE INDEMNIFIED PARTIES FROM THEIR OWN NEGLIGENCE , STRICT LIABILITY, AND OTHERWISE, TO THE FULLEST EXTENT THAT PARTICIPANT MAY DO SO UNDER APPLICABLE LAW.
I CONFIRM THAT HAVE READ THIS RELEASE AND INDEMNITY AGREEMENT, AND BY SIGNING IT, I AGREE THAT I EXPRESSLY INTEND TO INDEMNITY AND RELEASE THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH CAUSED BY ANY INDEMNIFIED PARTIES' OWN NEGLIGENCE, STRICT LIABILITY, AND OTHERWISE, TO THE FULLEST EXTENT THAT I MAY DO SO UNDER APPLICABLE LAW. This agreement shall be governed by the laws of the State of Texas, Parker County.
I FURTHER REPRESENT THAT I FULLY UNDERSTAND THE MEANING OF THE STATEMENTS MADE BY ME ABOVE AND THAT I INTEND FOR OTHERS TO RELY ON THIS EPRESENTATION.
Your signature indicates you understand it and agree to all terms. By signing this agreement, you (& your child) are giving up certain legal rights, including the right to sue or recover damages in case of injury, death, or property damages for any reason, including but not limited to the negligence of Younger Stables LLC, and employees.
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.
ALL activities on these grounds are subject to the above Inherent Risk Law. Your presence on the property makes you a participant and limited by the Inherent Risk Law. There are no spectator areas.
Riding helmets are strongly recommended for all riders and have been proven to prevent some head injuries. Stables will provide helments for all minors.
I acknowledge that horseback riding is a sport which carries inherent risks of injury and damage to my horse, my property and me. I knowingly assume all risks, known or unknown. If owner of horse, I knowingly assume all risks for damages caused by my horse and agree to hold Indemnified Parties harmless from any claim caused by said horse and agree to pay legal fees incurred by Indemnified Parties defense of a claim resulting from damage by said horse. I understand and voluntarily assume the risks and hazards both known and unknown upon entering property.
ACCIDENT/MEDICAL & PERSONAL LIABILITY INSURANCE - Should medical treatment be required, I, the PARTICIPANT or parent of the PARTICIPANT and/or my own accident/medical insurance company shall pay for all such incurred expenses.
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.
PHOTOGRAPHS - I acknowledge that photographs or images of PARTICIPANT(s) may be taken during the activity. I provide Younger Stables LLC, along with their agents and affiliates, with unrestricted permission to utilize such photographs, or any other documentation of our participation in this activity in any form of broadcast, social media, telecast, or other reports related to the activity for promotional purposes, without any compensation.