RELEASE
UNDERSIGNED RIDER ASSUMES RISKS AND RELEASES Western Ranch FROM LIABILITY, INCLUDING NEGLIGENCE.
THE RIDER, VOLUNTEER, GUEST BY SIGNING HIS/HER NAME AT THE BOTTOM OF THIS RELEASE, AGREES THAT FOR AND IN CONSIDERATION OF THE OPPORTUNITY TO RIDE A HORSE and/or aboard a Cover Wagon Located AT 11201 S 27th Ave Laveen, AZ 85339 Property owner: Keith Hicks and Kathryn Wells-Hicks DBA Wells Western Ranch and CC’s Horsemanship and Riding, HEREBY AGREES AS FOLLOWS:
(1) THAT Wells Western Ranch, ITS AGENTS, SERVANTS, OR EMPLOYEES, HAVE EXPLAINED TO ME THAT Wells Western Ranch DUTY TO THE PUBLIC REQUIRES THEM TO DESCRIBE THE NATURE OF THIS SERVICE PERFORMED HERE IN PROVIDING A HORSE OR HORSE-DRAWN VEHICLE FOR MY USE, THAT I CLEARLY UNDERSTAND THE FAIRNESS AND MEANING OF THIS RELEASE AGREEMENT, AND I ACKNOWLEDGE THAT I HAVE BEEN GIVEN AN OPPORTUNITY TO ASK ANY QUESTIONS CONCERNING THIS MATTER;
(2) THAT I KNOW AND UNDERSTAND THAT BY ENTERING THIS RANCH ALL RANCH ACTIVITIES INCLUDING HORSE RIDING OR HORSE-DRAWN VEHICLE ACTIVITY INVOLVES SPECIFIC RISKS OF PROPERTY DAMAGE OR PERSONAL INJURY TO ME OR TO MY MINOR CHILDREN ARISING FROM APPROACHING, HANDLING, MOUNTING, RIDING AND DISMOUNTING THE HORSE, AND FROM OBSERVING OR PARTICIPATING IN THIS ACTIVITY, INCLUDING THE RISK THAT Wells Western Ranch OR ITS SERVANTS, AGENTS, OR EMPLOYEES, MAY ACT IN A NEGLIGENT MANNER IN SELECTING, PREPARING OR MAINTAINING THE HORSE(S), VEHICLE(S), EQUIPMENT OR PREMISES; IN ASSISTING ME OR MY MINOR CHILDREN TO MOUNT OR DISMOUNT FROM THE HORSE OR HORSE-DRAWN VEHICLE, OR IN OTHERWISE SUPERVISING THE ACTIVITY; BUT THAT I NEVERTHELESS INTENTIONALLY AGREE TO ASSUME THESE RISKS;
(3) THAT I HEREBY RELEASE AND FOREVER DISCHARGE Property owner: Keith Hicks and Kathryn Wells-Hicks of Wells Western ITS AGENTS, SERVANTS, OR EMPLOYEES, FROM ALL PRESENT AND FUTURE CLAIMS ARISING FROM PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED BY ME OR BY MY MINOR CHILDREN DURING THEIR PRESENCE AT THE RANCH INCLUDING THE USE OF THE HORSE OR HORSE-DRAWN VEHICLE OF Property owner: Keith Hicks and Kathryn Wells-Hicks of Wells Western Ranch WHETHER OR NOT LOSS, DAMAGE OR INJURY RESULTED FROM THE NEGLIGENCE OF Property owner: Keith Hicks and Kathryn Wells-Hicks of Wells Western Ranch ITS AGENTS, SERVANTS OR EMPLOYEES, AND Property owner: Keith Hicks and Kathryn Wells-Hicks of Western Ranch FAILURE TO USE DUE CARE, EITHER IN ITS TRAINING METHODS OR IN ITS FURNISHING SAFE EQUIPMENT, AND I SHALL ASSUME ALL RISKS RELATED TO HORSEBACK RIDING, HORSE CARE AND ANY ALL ACTIVITIES TRANSPIRING ON SITE.
(4) THAT I WAIVE MY RIGHT TO FILE AND PROMISE NOT TO FILE ANY LEGAL PROCEEDINGS AGAINST Property owner: Keith Hicks and Kathryn Wells-Hicks of Western Ranch ITS AGENTS, SERVANTS, OR EMPLOYEES, FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED BY ME OR BY MY MINOR CHILDREN DURING THIS ACTIVITY, INCLUDING DAMAGE ARISING OUT OF NEGLIGENCE BY Property owner: Keith Hicks and Kathryn Wells-Hicks of Wells Western Ranch, ITS AGENTS, SERVANTS, OR EMPLOYEES; AND I SHALL PAY ALL COSTS AND ATTORNEY'S FEES FROM ANY LEGAL PROCEEDINGS WHICH I MAY BRING CONTRARY TO THIS AGREEMENT, AND WHICH IS RESOLVED IN FAVOR OF Property owner: Keith Hicks and Kathryn Wells-Hicks of Wells Western Ranch ITS AGENTS, SERVANTS, OR EMPLOYEES. ALL ARIZONA LAWS APPLY.
(5) THAT I SIGN THIS RELEASE AGREEMENT FOR AND IN CONSIDERATION OF THE AGREED PRICE, AND I HEREBY REQUEST Wells Western Ranch, ITS AGENTS, SERVANTS, OR EMPLOYEES, TO CHOOSE FOR ME OR FOR MY MINOR CHILDREN, A HORSE OR HORSE-DRAWN VEHICLE, FOR THE PURPOSE OF RIDING SAME, KNOWING THAT ITS AGENTS, SERVANTS, OR EMPLOYEES, ARE RELYING UPON THIS RELEASE AGREEMENT AND THE INFORMATION THAT I HAVE GIVEN TO THEM CONCERNING MY EXPERIENCE AND THAT OF MY MINOR CHILDREN WITH HORSES AND HORSE-DRAWN VEHICLES, INCLUDING THE POTENTIAL HAZARDS INVOLVED.
THAT I HAVE READ THE FOREGOING RELEASE, AND BEING OF SOUND MIND AND AN ADULT, SIGN IT FREELY.
ARIZONA REVISED STATUTE SECTION 12-553 WARNING:
Under Arizona law, an equine activity sponsor or 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 Arizona Revised Statutes Section 12-553.