RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
THIS DOCUMENT AFFECTS IMPORTANT LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING. 1. Voluntary Participation and Scope I voluntarily choose to participate, and/or permit my minor child or ward to participate, in equine activities associated with Winona Hills Equestrian LLC, 27622 Winona Rd, Salem, Ohio 44460 (“Winona Hills”). This Agreement applies whether participation occurs at Winona Hills or at another location in connection with instruction, training, clinics, horse shows, schooling, trail riding, handling, transportation, evaluation, volunteering, spectating, or other equine activities conducted, arranged, or supervised by Winona Hills. I understand that I may participate as a rider, handler, owner, lessee, volunteer, spectator, student, trainer, or in another capacity. I agree to follow reasonable safety rules and instructions given by Winona Hills personnel and to provide truthful information concerning my experience, abilities, and any limitations relevant to safe participation. 2. Acknowledgment of Inherent Risks Under Ohio Law I understand that equine activities are inherently dangerous and may result in serious bodily injury, permanent disability, property damage, or death. I acknowledge and expressly assume the inherent risks of equine activity identified in Ohio Revised Code § 2305.321(A)(7), including each of the following: The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine; The unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; Hazards, including but not limited to surface or subsurface conditions; A collision with another equine, another animal, a person, or an object; and The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the participant or to others, including failing to maintain control over an equine or failing to act within the participant’s ability. I further understand that horses are living animals whose behavior can change without warning and may be affected by weather, footing, equipment, other animals, unfamiliar surroundings, pain, fear, excitement, rider actions, and other conditions that cannot always be predicted or controlled. 3. Express Assumption of Risk To the fullest extent permitted by Ohio law, I knowingly and voluntarily assume all risks of injury, death, or property loss arising from or related to my participation in equine activities, including inherent risks and risks arising from the ordinary negligence of Winona Hills or any Released Party identified below. 4. Release and Waiver of Liability In consideration for being permitted to participate in equine activities, I RELEASE AND WAIVE all claims that I, my minor child or ward, my heirs, estate, personal representatives, administrators, successors, or assigns may have against Winona Hills Equestrian LLC; Kerry Varble; Todd Varble; and their owners, members, managers, employees, instructors, assistant instructors, agents, volunteers, contractors, representatives, successors, assigns, and affiliated organizations (collectively, the “Released Parties”) for injury, death, or loss to person or property arising out of or related to participation in equine activities, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY. This release is intended to be as broad as Ohio law permits. It does not release claims that cannot lawfully be waived, including claims based on willful or wanton misconduct or intentional harm. 5. Responsibility for Participant Conduct and Indemnity I am responsible for my own conduct and, if applicable, for the conduct of the minor child or ward for whom I sign. I agree to indemnify and hold the Released Parties harmless from third-party claims, losses, costs, or expenses, including reasonable attorney fees to the extent permitted by law, that arise from injury or property damage caused by my conduct, the conduct of the minor child or ward for whom I sign, or an equine owned, leased, brought, or controlled by me. 6. Participant-Owned or Leased Horses If I bring, own, lease, ride, handle, or control an equine not owned by Winona Hills, I accept responsibility for that equine’s behavior, condition, suitability, and equipment except to the extent a matter is expressly assumed by Winona Hills in a separate written agreement. I understand that Winona Hills does not insure my horse, tack, trailer, vehicle, or other property. 7. Emergency Response I authorize Winona Hills personnel to contact emergency medical services if they reasonably believe emergency assistance is necessary. I understand that Winona Hills cannot guarantee the availability, timing, or outcome of emergency care and that I remain responsible for costs charged to me or to the participant for such services. 8. Duration and Revocation This Agreement is effective when signed and applies to future equine activities with Winona Hills unless and until revoked in writing. Any revocation is prospective only and does not affect activities occurring before Winona Hills receives the written revocation. Winona Hills may require a new or updated agreement at any time. 9. Entire Agreement; Severability; Ohio Law This Agreement contains the entire agreement concerning the subjects addressed here and supersedes prior oral or written statements concerning waiver, release, assumption of risk, and indemnity. Any amendment must be in writing. If any provision is held invalid or unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by law. This Agreement shall be governed by Ohio law. Any legal action relating to this Agreement shall be brought in a court of competent jurisdiction in Columbiana County, Ohio, unless applicable law requires otherwise. 10. Acknowledgment I HAVE READ THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO ASSERT CERTAIN NEGLIGENCE CLAIMS, AND SIGN IT VOLUNTARILY. I have had the opportunity to ask questions and to seek independent legal advice before signing.
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Participant/Parent Signature Date
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