EQUINE ACTIVITY LIABILITY RELEASE, WAIVER, AND INDEMNIFICATION AGREEMENT
This Equine Activity Liability Release, Waiver, and Indemnification Agreement (this “Agreement”) is made and entered into by and between Paswaters Acres Equine Boarding LLC, a Colorado limited liability company (the “Facility”) located at 9265 CR 24 Fort Lupton, Colorado 80621 (the “Premises”), and the undersigned participant (the “Rider”).
MAILING ADDRESS: 11438 CR 19 Fort Lupton CO 80621
1. Registration of Riders and Agreement Purpose. The RIDER, and the parents or legal guardians thereof if a minor, do hereby voluntarily request and agree to participate in horse riding at the Premises, and that this RIDER will ride his/her own horse or one borrowed or leased by RIDER'S own arrangement, today and on all future dates.
2. Agreement Scope; Territory; Definitions. This Agreement shall be legally binding upon Rider, and the parents or legal guardians thereof if a minor, my heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of the state and county of physical location. Any disputes by the Rider shall be litigated in and the venue shall be the county in which the Facility is physically located. If any clause, phrase or word is in conflict with state law, then that single part is null and void. The term "HORSE" herein shall refer to all equine species. The term "HORSEBACK RIDING" or "RIDING' herein shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The term "RIDER" shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms "I", "ME", "MY" shall herein refer to the above Rider and the parents or legal guardians thereof if a minor.
3. Activity Risk Classification. I UNDERSTAND THAT: Horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products) horse activities rank approximately 64th among the activities of people relative to injuries that result in a stay at U.S. hospitals. Related injuries can be severe requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.
4. Acknowledgement and Assumption of Risk. Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to C.R.S. §13-21-119. I, the undersigned Rider, acknowledge and understand that equine activities, as defined by C.R.S. §13-21-119, are inherently dangerous. The Facility, its owners, employees, volunteers, and agents cannot eliminate these inherent risks nor can the aforementioned guarantee your safety or that of your horse. I freely assume all risks of equine activities and such related activities including, but not limited to, falls, collisions, animal behavior, faulty equipment, and injuries from other participants or spectators.
5. Nature of Riding Horses. I UNDERSTAND THAT: No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 ft to 5 1/2 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where one much smaller, weaker, predator animal (human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. 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; Changing directions, Speed at will, Shifting its weight; Bucking, Rearing, Kicking, Biting or Running from danger.
6. Rider Responsibility. I UNDERSTAND THAT: Upon mounting a horse and taking up the reins the Rider is in primary control of the horse. The Rider’s safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. The Rider shall be responsible for his/her own safety, and that of an unborn child, if the rider is pregnant. Pregnant women should ride horses only under the advice of their physician. This Facility advises pregnant women not to ride horses.
7. Conditions of Nature. Rider agrees and acknowledges that the Facility is NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way, including, but not limited to, thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, fly near, bite and/or sting a horse or person; and irregular footing on outdoor groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape.
8. Inspection of Premises. Rider affirms that they have inspected the Premises and trails and is satisfied that all premises conditions are reasonably safe for Rider’s intended purpose, usage and presence upon the Premises.
9. Accident/Medical Situation. In the event Rider requires medical treatment, Rider shall pay for all incurred expenses associated with such medical treatment. Rider authorizes the Facility to obtain emergency medical care on their behalf if they are unable to provide consent.
10. Protective Headgear Warning. Rider agrees and acknowledges that they have been fully warned and advised by the Facility that protective headgear which meets or exceed the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, should be purchased and worn while riding and being near horses. Rider agrees and acknowledges that the wearing of such headgear at these times may reduce the severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences.
11. Liability Release. In consideration of the Facility allowing my participation in this activity, under the terms set forth herein, I, the Rider, for myself and on behalf of my child and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to hold harmless release, and discharge the Facility, its owners, agents, employees, officers, directors, representatives, assigns, members, owner of Premises and trails, affiliated organizations, and insurers, and others acting on its behalf (hereinafter, collectively referred to as "Associates"), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to the Facility and/or its associates ordinary negligence; and I do further agree except in the event that the Facility’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against the Facility and its associates as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the Premises and operations of the Facility, to include while riding, handling, or otherwise being near horses owned by or in the care, custody and control of the Facility, whether on or off the Premises.
12. Barn Rules. The Facility maintains a list of barn rules in order to preserve the quality of the Premises for all users. The barn rules are incorporated as part of this Agreement and are posted at the Facility’s office. Rider shall abide by the barn rules and understands that Facility may change the rules in its sole and exclusive discretion.
SIGNER STATEMENT OF AWARENESS I/We the undersigned, have read and do understand the foregoing agreement, warnings, release and assumption of risk. I/We further attest that all fact relating to the applicant are true and accurate.