Winterspring Sanctuary
Client Agreement and Liability Waiver
We have done everything possible to assure that everyone involved has a safe and productive equine interaction experience. However, equine-related activities are not risk free. The same elements that contribute to the unique character and fun of equine-related activities can cause loss or damage to equipment, bodily injury, illness, or in extreme cases, permanent trauma or death. We do not want to reduce your enthusiasm for the experience, but we want you to be informed of the possible risks.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. ACKNOWLEDGMENT OF RISK
Winterspring aims to provide personal learning and growth opportunities in the company of equines, which may include horses, ponies, mules, and donkeys. Other animals may be present on farm properties as well, including dogs, cats, and livestock.
Equine-facilitated psychotherapy activities include observations over the fence and within large fields, observing demonstrations, herd walks, grooming, leading, groundwork interactions, basic horsemanship skills, and quiet time spent in the presence of equine(s). Eco-therapy activities include quiet time in nature, meditation and sensory awareness exercises (known as “Activities”). Activities are generally held on the ground. No mounted activities on horseback are offered. Table work activities (lying on a treatment table with horses nearby) also take place with a horse professional present to monitor the animals.
The inherent risks of the Activities include, but are not limited to:
1. The propensity of the animals to behave in ways that may result in permanent disability, injury, harm, or death to persons, on or around them;
2. The unpredictability of the animals’ reactions to such things as sounds, sudden movement, and unfamiliar objects, people, or other animals;
3. The exposure to certain hazards such as surface and subsurface conditions;
4. The exposure to illnesses or infections that might be contracted from animals, insects, plants or other life forms;
5. Damage to personal property;
6. The chance of collisions with other animals or objects; and
7. The potential for other people to act in a negligent manner that might contribute to injury to themselves or others.
It is also possible that some clients, volunteers, or guests would suffer mental anguish or trauma from the experience of such injuries.
Equines also have emotional and physical care needs that must be met, to avoid the possibility of stress as a result of participating in activities.
This is not an exclusive or exhaustive list of possible injuries or accidents that may occur during the Activities. The use of drugs or alcohol increases the risk of injury during Activities and is not permitted at Winterspring Sanctuary. Failure to follow safety procedures, guidelines or instructions increases the risk of injury during Activities and will be addressed by staff to be determined if participation in the program will continue.
I, _____________{q2_fullname0}______________ (client’s name) would like myself or my child (_______{q2_fullname0}__________) to participate in Winterspring sessions or programs involving nature and animals. I certify that I am fully capable of participating in equine- and nature-based activities. I state that I have read the above statement on some of the possible risks in these activities and feel that the possible benefits to myself (or my child/ward) are greater than the risks assumed. Therefore, I assume full responsibility for myself for bodily injury, death, loss of personal property, and any expenses as a result of my negligence, and agree to be responsible for my safety.
I state that I will inform the team of any limits with respect to my or my child’s ability to safely engage in activities or to safely manage a particular equine, known to or reasonably foreseen by me. I also understand that the team reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in equine- and nature-based activities.
2. CONTRACT, WAIVER AND RELEASE, AND INDEMNIFICATION
1. I agree to forever indemnify, release and hold harmless the Winterspring Sanctuary, Nicole Will, Sara Ansell, Jenny Shroyer, and their officers, directors, representatives, independent contractors, associates, affiliates, agents, employees, volunteers, and successors (“the Releasees”) from all claims, demands, causes of action, damages, losses, injuries, and expenses arising out of or resulting from participation in these Activities. I further agree to release, acquit and covenant not to sue the Releasees for all actions, causes of actions, damages, or damages in law or remedies in equity of whatever kind.
2. I hereby waive any and all rights I may now or ever have to make any such claims. I hereby agree that if the Releasees are forced to defend any action, lawsuit or litigation initiated by me, my executors, or my heirs on my behalf, my heirs or executors and I agree to pay all associated legal fees if they successfully defend such action, lawsuit, or litigation, on a solicitor-client basis.
3. I acknowledge that I have read this waiver in full and that I fully understand its terms and the risks associated therewith, and that I have signed voluntarily and freely without any inducement, assurance, guarantee or representation being made.