This Release and Indemnity Agreement ("Agreement") is entered into by the undersigned participant and/or the participant’s parent or legal guardian (collectively referred to as “Participant”). The term Participant includes, without limitation, any student, lessee, trainer, agent, coach, rider, driver, handler, and horse owner.
Participant acknowledges that he or she has voluntarily agreed to participate in equine-related educational, recreational, and/or training activities (collectively, the “Activities”) conducted by Younger Stables LLC.
In consideration for being permitted to participate in these Activities, and for other good and valuable consideration, the sufficiency of which is acknowledged, Participant agrees as follows:
1. Acknowledgment of Risk
Participant understands and agrees that horse riding, training, handling, and related equine activities are inherently dangerous and involve risks that may result in bodily injury, death, property damage, or other losses.
2. Assumption of Risk
Participant voluntarily participates with full knowledge of these dangers and expressly assumes any and all risks of injury, death, or property damage to Participant, Participant’s horse, and Participant’s property, whether known or unknown.
3. Indemnification and Hold Harmless
Participant agrees to indemnify, defend, and hold harmless Younger Stables LLC, its owners, officers, directors, employees, contractors, agents, affiliates, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including attorney’s fees, arising out of or related to:
Participant’s participation in the Activities;
Any acts or omissions of Participant or Participant’s horse;
Any acts or omissions of Participant’s family members, guests, agents, or invitees;
Any condition of the premises or equipment; and
Any negligence of the Indemnified Parties, to the fullest extent permitted by Texas law.
Participant expressly agrees to indemnify the Indemnified Parties for their own negligence where permitted by law.
4. Release of Liability
Participant releases, waives, and discharges the Indemnified Parties from any and all claims, demands, causes of action, damages, or liability for bodily injury, death, or property damage arising out of or related to participation in the Activities, including claims based on the negligence of the Indemnified Parties, to the fullest extent permitted by Texas law.
5. Texas Farm Animal Liability Law Notice. 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 RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
Participant understands that all people on the property are considered participants under this law. There are no designated spectator areas.
6. Helmets and Safety Equipment
Participant understands that riding helmets are strongly recommended and help reduce the risk of head injury. Younger Stables LLC will provide helmets for all participants.
7. Horse Owner Responsibility
If Participant owns or brings a horse onto the property, Participant assumes full responsibility for any damage or injuries caused by that horse and agrees to indemnify and hold harmless the Indemnified Parties, including payment of attorney’s fees.
8. Insurance Responsibility
Participant understands that Younger Stables LLC does not provide medical or accident insurance coverage for Participants. Participant agrees that Participant and/or Participant’s personal insurance will be solely responsible for any medical or related expenses.
9. Property Responsibility
Participant agrees to remain in designated areas and accepts full financial responsibility for any damage caused by Participant, Participant’s horse, family members, guests, or agents.
10. Photography Release
Participant grants Younger Stables LLC and its representatives permission to photograph or record Participant and to use such images for promotional purposes, including social media, advertising, and marketing, without compensation.
11. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Venue will be in Parker County, Texas.
12. Acknowledgment of Understanding. Participant acknowledges that:
Participant has read this Agreement;
Participant understands its contents;
Participant understands that Participant is giving up important legal rights, including the right to sue; and
Participant signs this Agreement voluntarily.