WHEREAS, Rider is desirous of riding Horse Owner’s horse or riding with Horse Owner on a horse belonging to another party on and/or off the premises belonging to the Horse Owner; Jill Lunsford, employees and affiliates and United Farms (Aspire Acquisitions LLC).
WHEREAS, Horse Owner is desirous of being protected against liability from the Rider and others resulting from the use, riding, or
presence upon and around Horse Owner’s horse or horse(s) belonging to another party:
- Rider agrees and acknowledges that horseback riding is in and of itself, a potentially hazardous occupation, and that risk is inherently assumed by the Rider in voluntarily pursuing the activity of horseback riding.
- Rider agrees to assume any and all risks involved in or arising from Rider’s use of or presence around Horse Owner’s horse or property (including tack, equipment, and physical facilities) or while accompanying Horse Owner on a horse belonging to another party including, without limitation but not limited to, the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horse or stationary objects, fire or explosion, the unavailability of medical care, or the negligence or deliberate act of another person.
- Rider agrees to hold Horse Owner and all of its successors and/or assigns completely harmless and not liable and release them from all liability whatsoever and agrees not to sue them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Rider’s use of or presence around Horse Owner’s horse, premises, or horse belonging to another party while in the company of the Horse Owner, including with limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful, and wanton negligence of the Horse Owner.
- Rider agrees to waive the protection afforded by any statue or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, materials or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
- Rider shall carry full and complete insurance coverage on his/her personal property and himself/herself to cover any possible injury.
- Rider agrees to abide by all Horse Owner’s rules and regulations regarding his/her horse, premises, and property and those established for Horse(s) belonging to another party.
- This agreement is non-assignable and non-transferable and is made and entered into in the State of Arizona, and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with state law, then that clause is null and void. When Horse Owner and Rider sign this contract, it will then be binding on both parties, subject to the above terms and conditions.
- This agreement shall continue to be binding on the parties hereto until revoked by either party upon the other party giving ten (10) days written notice.
- The undersigned desires to use the property and riding facilities located at United Farms (5443 East Skinner Drive, Cave Creek, Arizona). The undersigned agrees and acknowledges that the use of the facilities and property for riding purposes involves danger and risk of physical injury to the user and any horses involved, since a horse (irrespective of its training and usual past behavior and characteristics) may act unpredictably at any time for reasons including instinct and/or fright.
- The undersigned assumes all risk of injury, damage to self or property, and waives any claim to physical injury arising from such use. In case of injury to a person or horse for whom United Farms (its officers and employees) is responsible, the undersigned authorizes patron to take any action it deems necessary to treat such injury including procurement of first aid, ambulance transport, and hospitalization or medical/veterinary services.
- In consideration of the use of the facilities of United Farms, the undersigned Rider and (if Rider is under 18 years of age) Rider’s
parent or guardian, intending to be legally bound hereby waive and release any and all rights and claims which hereafter may accrue to
us against United Farms, Jill Lunsford, and the employees and agents of each, for any injury which may be sustained or suffered by Rider in connection with the use of these facilities.
- This Waiver and Release is intended to discharge United Farms, Jill Lunsford and her employees and agents forever from any liability to Rider, Rider’s representatives, heirs or assignees arising out of Rider’s use of such facilities and shall be binding upon personal representatives, heirs and assignees of Rider.
- Riders, Owners, Visitors and Guests understand that dogs are not to be brought onto United Farms property under any circumstances without prior authorization.