AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS:
This agreement shall be legally binding upon me, the above registered student, and the parents and legal guardian thereof. If a minor, 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 THIS STABLE’s physical location. 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” herein shall refer to riding or otherwise handling of horses, ponies, mules or donkeys, whether from the ground or mounted. The terms “STUDENT” and/or “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 registered student rider and the parents or legal guardians thereof if a minor.
ACTIVITY RISK CLASSIFICATION -
I UNDERSTAND THAT:
Horseback riding is classified as a 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 Surveillance Systems of United States Consumer Products) horse activities rank approximately 64% 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.
NATURE OF THIS STABLES SCHOOL HORSES –
I UNDERSTAND THAT: THIS STABLE chooses its school horses for their dispositions and basic training as is required for use of STUDENT RIDERS and THIS STABLE follows a rigid safety program. Yet, no riding 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 a horse to ground it will generally be at a distance of from 3 ½ feet to 5 ½ 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 with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other.
INDEMNIFICATION AND LIABILITY RELEASE
RIDER AGREES THAT: In consideration of Great Heights Stable LLC allowing Rider’s participation in this activity on its premises, I, the Rider, for myself and on behalf of my child and/or legal ward, heirs, administrators, personal representatives or assigns, shall forever save, hold harmless, defend, and indemnify Great Heights Stable (doing business under its own name or any other name), its affiliates, and its and their respective owners, officers, directors, employees, representatives, agents, shareholders, members, insurers, assigns and others acting on its behalf (each, a “Released Party”), from any and all claims, liabilities, demands, suits, damages, costs, expenses and causes of action (each, a “Claim”), including the negligence of a Released Party, whether the same be known or unknown, anticipated or unanticipated, economic or non-economic, arising out of Rider’s or Rider’s child’s use of, or presence upon, Great Heights Stable’s property, facilities or horses. Rider shall bring no Claims against any Released Party resulting from or arising out of any loss, damage, injury, loss of life or property damage, sustained by Rider or Rider’s minor child arising out of the use of, or presence upon, Great Heights Stable’s property, facilities or horses or other animals on property.
UNDER MAINE STATE LAW:
§4103-A. Liability for equine activities
1. Liability. Except as provided in subsection 2, an equine activity sponsor, an equine professional or any other person engaged in an equine activity is not liable for any property damage or damages arising from the personal injury or death of a participant or spectator resulting from the inherent risks of equine activities. Except as provided in subsection 2, a person may not make any claim or recover from any person for any property damage or damages for personal injury or death resulting from the inherent risks of equine activities. Each participant and spectator in an equine activity expressly assumes the risk and legal responsibility for any property damage or damages arising from personal injury or death that results from the inherent risk of equine activities. Each participant has the sole responsibility for knowing the range of that person's ability to manage, care for and control a particular equine or perform a particular equine activity. It is the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular equine at all times while participating in an equine activity, to heed all warnings and to refrain from acting in a manner that may cause or contribute to the injury of any person or damage to property.
[ 1999, c. 498, §5 (NEW) .]
2. Exceptions; participants. Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor, an equine professional or any other person engaged in an equine activity, if the equine activity sponsor, equine professional or person:
A. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; [1999, c. 498, §5 (NEW).]
B. Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known or should have been known to the equine activity sponsor, equine professional or person; [1999, c. 498, §5 (NEW).]
C. Commits an act or omission that constitutes reckless disregard for the safety of others and that act or omission caused the injury. For the purposes of this section, "reckless" has the same meaning as "recklessly," defined in Title 17-A, section 35, subsection 3, paragraph A; or [1999, c. 498, §5 (NEW).]
D. Intentionally injures the participant. [1999, c. 498, §5 (NEW).] [ 1999, c. 498, §5 (NEW) .]
3. Assumption of risk. In a personal injury action against an equine professional, a defense or immunity described in subsection 1 may be asserted only if the person injured in the course of an equine activity:
A. Had actual knowledge of the inherent risks of equine activities; [1999, c. 498, §5 (NEW).]
B. Had professed to have sufficient knowledge or experience to be on notice of the inherent risks; or [1999, c. 498, §5 (NEW).]
C. Had been notified of the inherent risks and the limitations of liability. [1999, c. 498, §5 (NEW).]
For the purposes of this subsection, notice of the inherent risks of equine activity may be satisfied either by a statement signed by the person injured or by a sign or signs prominently displayed at the place where the equine activity was initiated. The statement or sign must contain at least the following information.
"WARNING”
Under Maine law, an equine professional has limited liability for an injury or death resulting from the inherent risks of equine activities."
[ 1999, c. 498, §5 (NEW) .]
4. Exceptions; persons who are not participants. Nothing in subsection 1 prevents or limits the liability of an equine activity sponsor, an equine professional or any other person engaged in an equine activity, if that equine activity:
The undersigned assumes the unavoidable risks inherent in all horse-related activities, including but not limited to bodily injury and physical harm to horse, rider, and spectator.
In consideration therefore, for the privilege of riding and/ or working around horses at Great Heights Stable, LLC, located at 115 Haley Road, Hollis, Maine 04042, the undersigned does hereby agree to hold harmless and indemnify Meridith and Seth Pierce and any volunteers or additional persons on the property and further release them from any liability or responsibility for accident, damage, injury, or illness to the undersigned or to any horse or animal owned by Great Heights Stable LLC or to any family member or spectator accompanying the undersigned on the premises.
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