Christiane Noelting Dressage Center, Inc ("Stable")
LIABILITY WAIVER / HOLD HARMLESS AGREEMENT
WHEREAS, the UNDERSIGNED acknowledges the inherent risks involved working around horses, whether riding, or handling or being in the proximity of horses in any way on the ground, which risks include but are not limited to, bodily injury, death and/or property damage from using, grooming, leading, saddling, mounting, riding, observing, feeding, petting, having a horse in training, taking lessons, boarding a horse, or otherwise being in close proximity to horses, as well as other risks reasonably related to engaging in equine activities; and that both horse and rider can be injured during even seemingly normal use, schooling, or competition; Other risks include, but are not limited to:
The propensity of horses to behave in ways, such as, running, bucking, biting, kicking, shying, spooking, stumbling, rearing, falling or stepping on, as well as in other ways not listed herein that are generally characteristic of horses; the unpredictability of a horse’s reaction to such things as sounds, colors, sights, surprises, sudden movement and/or unfamiliar objects, other persons or other animals; and reality that horses can encounter sickness or disease, astray, theft, damage, injury or death. All of which may also result in an injury, harm, or death to persons and/or property damage.
Inherent risks for injury to a person(s) are not limited to, the potential for STABLE, a participant, a spectator, any guest including the Undersigned’s family, or any other third-party, to act in a contributorily negligent manner that may thereby contribute to the Undersigned’s injuries; the potential that any person may fail to maintain control over their horse, may overstate or misrepresent their equine abilities, or otherwise fail to act within the participant’s ability; the potential for collisions between horses, people, other animals, property, or any combination thereof; injuries as a result of other animals; any injury sustained as a result of tack or tack failures; new, undiscovered, or existing surface or subsurface conditions, damages to STABLE or its premises, or any other property damage; unknown latent property defects; any consequences due to limited availability of emergency medical care; or the Undersigned’s failure to wear an ASTM-standard/SEI-certified equestrian riding helmet; and
Inherent risks of property damage are not limited to, certain hazards such as surface and subsurface conditions; lost, stolen, or damaged personal property of the Undersigned including vehicles or trailers including the contents thereof; new, undiscovered, or existing STABLE property damage such as damage to stalls, barns, walls, riding areas or arenas, sheds, paddocks, pastures, any surface and/or subsurface condition, fencing, walkways, any wooden structures, plumbing, wash racks, equipment, driveway(s), gardens or forestry, landscaping, or other miscellaneous objects such as horse blankets or tack whether or not the personal property of the Undersigned.
HOLD HARMLESS WAIVER OF LIABILITY.
WHEREAS, the UNDERSIGNED, acknowledges s/he has read and understands the foregoing “Inherent Risks” and does hereby knowingly and voluntarily release Christiane Noelting Dressage Center, Inc, members, partners, agents, assistant trainer(s), and employees (“STABLE”) from any liability or responsibility for accident, damage, injury, death, or illness to the Undersigned or the Undersigned’s minor child, or any horse owned by or in the custody and control of the Undersigned, or to any family member, guest, or spectator accompanying the Undersigned, including any of the Undersigned’s minor children, while at any location on or off of the premises of STABLE; and that except in the event of this STABLE’S gross and willful negligence, the undersigned agrees not to bring any claims, demands, actions or causes of action, and/or litigation, against this STABLE for any economic or non-economic losses due to bodily injury, death, and/or property damage sustained by the Undersigned and/or the Undersigned’s minor child or legal ward in relation to the premises and operations of this STABLE, including while riding, handling, having a horse in training, taking lessons, boarding, or otherwise being near horses owned by or in the care, custody and control of this STABLE or third-parties.
IN CONSIDERATION, therefore, for the privilege of riding, boarding, taking riding lessons, and/or working around horses, as afforded by STABLE, at any location on or off of the premise, today and on all future dates, the Undersigned does hereby agree to defend and indemnify STABLE, members, agents, and employees, and agrees to pay all associated legal fees incurred by the STABLE’S defense.
ASSUMPTION OF RISK.
The Undersigned, completely understanding and acknowledging the inherent dangers associated with participation in equestrian riding events and equine activities, and also having had an opportunity and sufficient time to fully inspect the STABLE premises including sufficient opportunity to know of and appreciate specific risks of the STABLE and the premises, does hereby voluntarily, knowingly, and expressly assume all associated risks and hazards of the land, or from participating in equestrian riding events and equine activities. See page one under “Inherent Risks” for a non-exhaustive but more thorough description of associated dangers and risks.
HELMETS / MISCELLANEOUS.
The Undersigned further voluntarily, knowingly and expressly agrees to hold harmless and indemnify STABLE of any and all risks from failing to wear an ASTM-standard/SEI-certified equestrian riding helmet; the failure to read and abide by all STABLE rules or regulations (whether or not posted or in effect at the time of this Agreement); and/or the Undersigned’s failure to fairly and accurately represent and warrant his or her equine abilities and experience.
Severability: In the event any provision of this Agreement is found to be invalid, unenforceable, or voidable, the remaining provisions shall remain in full force and effect as if this Agreement had been executed without the invalid provision.
Governing Law: The Undersigned agrees that this Agreement shall be subject to the laws of the State of California and that any dispute regarding this Agreement shall be subject to the jurisdiction and venue of the State of California Superior Court in and for Solano County. The prevailing party shall be entitled to reasonable attorney fees and costs.
Heirs, Assigns, and Successors: The Undersigned agrees that this Agreement shall be bringing upon the heirs, assigns, and successors of the Undersigned.