Horse Master With Julie Goodnight
Liability Waiver & Release / Name & Likeness Consent & Release
All forms must be electronically signed before you attend the shoot. Everyone who will be on the shoot site must complete this form individually. Please have your buddy fill out this form as well! It's a lot to read over. Thanks for your patience! Many that work on the set operate their own production businesses, so this form will cover those businesses too.
In consideration of the professional instruction and information shared with me while participating in the production of Horse Master With Julie Goodnight and for my exposure to production and equestrian activities, including clinics, groundwork, riding, driving, packing and other professional instruction, the undersigned agrees to the following ...
GOODNIGHT TRAINING STABLES, INC.
Must Be Signed And Accompany Release Form
ALL ADULT HORSEBACK RIDERS, 18 OR OLDER, OR PARENTS OR GUARDIANS OF ANY PERSON UNDER THE AGE OF 18, MUST READ THE FOLLOWING CAREFULLY:
I am hereby advised to wear a well-fitted helmet, hard hat, or similar protective head gear, fastened securely under the chin, while working around or riding horses, to prevent injuries. I am hereby advised to always wear hard-soled, fully enclosed shoes or boots and socks to protect feet, and long pants to protect legs while working around or riding horses.
The Nature and Physical Character of the Horse.
1. I am advised that while domesticated, well-trained horses are usually obedient, docile, and often affectionate, it is important to understand that their survival instincts are what has allowed the horse to survive from prehistoric times to the present day.
2. I am advised that horses are unpredictable by nature, with minds of their own, as are all animals both domestic and wild. The horse is often somewhat high strung or nervous by nature. Horses are physically powerful and extremely heavy, weighing from 600 to 1300 pounds on the average. These characteristics deserve a human being's utmost respect.
3. I am advised that when a horse is frightened, angry, under stress, or feels threatened, it is his instinct to jump forward or sideways, to run away from perceived danger at a trot or gallop at speeds up to 35 miles per hour.
4. I am advised that if a horse is frightened or feels threatened from behind, it may kick straight back, sideways in either direction, or even forward with either of its hind legs with tremendous force.
5. I am advised that if a horse is frightened or feels threatened from above or to its back, it may hunch its back and buck in a way that could throw a rider to the ground with tremendous force.
6. I am advised that if a horse is frightened or feels threatened from the front, it may naturally react by rearing up with its front legs, strike with one or both front legs, bite with its teeth, throw its head up or from side to side, or run directly over whatever it fears in front of it.
7. I am advised that a human must always approach a horse calmly, quietly, and cautiously, preferably from near its shoulder or lower neck, talking soothingly to it.
I am advised that loud and/or sudden or unexpected movements, dropping of objects near a horse, approaching vehicles or animals or people, ill-fitting equipment or physical pain can provoke a domesticated horse to react according to his natural protective instincts.
8. I am advised that the first signs of danger or fear in a horse are the sudden tensing of the muscles of the body, possibly laying its ears flat back against its head, or quickly tossing or raising its head, or sudden snorting through the nostrils accompanying at least one other warning sign.
9. I am advised that a horse can see independently with each eye, actually looking in one direction with one eye and another direction with the other eye, or it can focus both eyes on one object somewhere in front of it; that usually the direction the ear is pointing will tell an observer where the eye on the same side is looking, and consequently, where the horse's attention is focused.
10. I am advised that a horse has two blind areas around which it cannot see. It cannot see directly behind it, nor what it is eating. This is the reason it is best to approach a horse close to the shoulder, and never to surprise a horse from the rear or to reach first for the horse's mouth
11. I am advised that while a horse is very sure-footed by nature, it may accidentally step on an object such as a human foot when it is balancing itself or turning around; also that if a horse is ridden or worked on unstable ground or slippery grass or footing, it could fall, injuring a rider or handler.
Liability Waiver & Release
I have read, signed and understand the information contained in the form accompanying this Release entitled "Preparation Form." I further acknowledge that horses and mules and equestrian activities in general are inherently dangerous and that the use, handling and riding of a horse involves extreme risk of personal physical injury and, in more serious cases, death and injury to property; and that a horse, irrespective of its training and usual past behavior and characteristics, may act or react unpredictably at times.
I acknowledge the above risks are present during pre-production and production of the television show. For example, I may be asked to demonstrate my horse's problem, and doing so may expose me to risks. I also acknowledge that injuries may be caused by other participants, arena conditions including, but not limited to, uneven or damaged terrain, the presence of moisture or mud, obstacles and obstructions upon or under the terrain and other natural or man-made conditions.
I voluntarily, knowingly and intelligently assume these risks and expressly waive any claim I may otherwise have whether in contract, tort or other discipline, in law or in equity, against the television show Horse Master With Julie Goodnight, Goodnight Training Stables, Inc., Julie Goodnight, Whole Picture, LLC, Heidi Nyland Melocco, 12Basket Productions, Steve Schott, any and all members of the production crew, the owner of any real property associated with the production of the television show including, but not limited to, the arena, as well as the officers, directors, employees, agents, contractors, assigns or representatives of any and all of the foregoing (the "Indemnities") and release the Indemnities from any and all costs, damages, losses, injuries, medical expenses, property loss, attorneys' fees, court costs, jury verdicts, settlement amounts, or other monetary damages incurred by or assessed against Indemnities and arising in any way from my participation or my child's participation in the television production or any horse-related activity. I further agree to hold harmless and indemnify the Indemnities for any claims, demands, or lawsuits brought by anyone, including my child, for any claim whatsoever against the Indemnities. I understand all claims are forever barred by this Release and that the word "claims" includes all actions, claims and grievances, whether actual or potential, known or unknown and specifically, but nonexclusively, all claims arising out of the matters contemplated herein.
I further waive all claims regarding conflicts of law or choice of law and agree that the laws of the state of Colorado will apply to this Liability Waiver and Name and Likeness Consent below, regardless of whether such claims may lie in tort, contract or otherwise, and will apply to any interpretation of this Release. I further agree that venue is proper in Colorado. I further acknowledge the following:
WARNING: Under Colorado Law, an 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 section 13-21-120, Colorado Revised Statutes.
Name and Likeness Consent and Release
For good and valuable consideration, the sufficiently of which is hereby acknowledged, I hereby irrevocably grant to Goodnight Training Stables, Inc., Whole Picture, LLC, and 12Basket Productions, and to such other persons as they may designate from time to time (collectively, the "Grantees"), the absolute right and permission to capture and use in perpetuity my name, voice, portrait, likeness, image, photograph and/or motion pictures of me (collectively, "Name and Likeness") captured during the production of Horse Master With Julie Goodnight ("Captured Name and Likeness") either alone or accompanied by other material, in any manner and in any media now known or later developed, throughout the world for any commercial or other purpose including, but not limited to, television, magazines or other production content, or to publicize Licensees' products or services.
I agree that my Captured Name and Likeness are, and shall remain, exclusively owned by Grantees, including any copyright or other intellectual property associated therewith.
I shall not authorize use of my Captured Name and Likeness by anyone else of any or any reason without first obtaining Grantee's express permission. I understand and agree that I shall have no right of approval or refusal, no right to any compensation, and no claim arising out of the use, alteration, distortion or illusionary effect in any composite form of my name, voice, portrait, photograph, image, likeness or motion picture.
I represent and warrant that this grant does not in any way conflict with any existing commitment on my part that I have heretofore authorized (which authority is still in effect), nor will I authorize or permit from this date, the use of my name, voice, portrait, likeness, photograph(s) in connection with the editorial or promotion of any products or service competitive to or incompatible with Grantees’ products or services.Nothing herein will constitute any obligation on the part of Grantees to exploit my Captured Name and Likeness.
I UNDERSTAND, ACKNOWLEDGE AND HEREBY WAIVE AND RELEASE ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, CLAIMS AND CAUSES OF ACTION WHATSOEVER WHICH I MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING, BUT NOT LIMITED TO, ANY INJURY, LOSS OF PRIVACY, RIGHT OF PUBLICITY, LOSS OF ENJOYMENT OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY, CONTRIBUTED TO, OR ARISING OUT OF ANY USE OF THE CONSENTS GRANTED HEREIN. I WAIVE THESE RIGHTS AND GRANT THIS RELEASE FREELY AND VOLUNTARILY, AND FURTHER COVENANT NOT TO BRING ANY ACTION WHATSOVER AGAINST GRANTEES FOR ANYTHING RELATED TO MY NAME, VOICE, PORTRAIT, PHOTOGRAPH, IMAGE, LIKENESS AND/OR MOTION PICTURE. I UNDERSTAND THAT THIS INCLUDES, BUT IS NOT LIMITED TO, ANYTHING THAT MIGHT DEEMED TO BE MISREPRESENTATION OF ME, MY CHARACTER OR MY PERSON DUE TO DISTORTION, OPTICAL ILLUSION OR FAULTY REPRODUCTION.
I agree to hold harmless the Grantees, their employees, directors, contractors, representatives and assigns from all claims, liabilities or actions including but not limited to libel, slander, invasion of privacy, violation of my right of publicity, misappropriation of Name and Likeness.
I understand I may not see the final product of the Captured Name and Likeness before it is aired/published, and I relinquish any right that I may have to examine or approve any production, advertising copy or printed matter that may be used in conjunction with my Captured Name and Likeness.
I agree I am not entitled to compensation except as may exist through a separate written contract.
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE BELOW INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. YOU (AND YOUR CHILD IF APPLICABLE) ARE GIVING UP CERTAIN LEGAL RIGHTS.
I have fully read and understand the contents of this Consent and Release. I am over 21 years of age and have the right to grant this Consent and Release.
As parent/legal guardian of the minor that is the subject of this Consent and Release, and being over the age of 21, I agree to its terms and personally join in the warranties and representations set forth above. I sign the document to signify my agreement agree to indemnify and hold harmless the Grantees with respect to any claims which the minor may make as a result of the exercise by the Grantes of their rights.
I, and if on behalf of a minor, I acknowledge, the foregoing will be fully binding upon and effective against the undersigned, his/her heirs, successors, legal representatives or assigns. I have carefully read and understand this Release, have had the opportunity to seek legal counsel and ask questions about this Release and all such questions have been fully answered.
LIABILITY RELEASE/ WHITE STALLION RANCH
We are pleased to have you with us for your recreational vacation. While staying at White Stallion Ranch, you and your family will have the opportunity to participate in a variety of activities that include, but are not limited to, horseback riding, hiking, swimming/hot tub, tennis, sauna, fitness areas, tours and games. Recreational activities carry an above-normal risk of personal injury. There are no lifeguards at our pools and our grounds are unsupervised. Children are the responsibility of their parents.
Guest acknowledges and understands that there are inherent risks involved in equine activity (horseback riding and being in the area of horses while mounted or on the ground) regardless of the horse’s training, age, past behavior and characteristics. A horse may stop short, change direction or speed suddenly, buck, rear, kick, bite or stumble and fall, or behave in any other unexpected ways. All of these behaviors can result in serious injury or death to the guest.
Guest acknowledges and understands horses are 5-15 times larger, 20-40 times more powerful, and 3-4 times faster than adult humans. Guest is willing and able to accept full responsibility for his/her own safety and welfare and releases White Stallion Ranch from liability associated with equine activity.
White Stallion Ranch strongly advises pregnant women not to participate in equine activities or enter the hot tub without their physician’s approval. Pregnant women may not go on fast horseback rides.
The purpose of this assumption of risk statement is to inform you and your family of the inherent risks of equine and recreational activities. Accordingly, guest releases, discharges and agrees to hold harmless and indemnify White Stallion Ranch Inc., its directors, shareholders, employees, volunteers, agents and successors from any and all claims, actions and causes of action of every kind and nature whatsoever unless the equine owner (as those terms are defined by Arizona Revised Statutes Section 12-553) is grossly negligent or commits willful, wanton or intentional acts of omission.
Some areas are for adults only. Our guest business area includes unrestricted internet access and is therefore, for adults (18 or older) only. Our Chaparral Fitness Center includes massage rooms, sauna and fitness equipment and is also for adults only (18 or older). Guests under 18 years of age may use these areas only if accompanied by an adult throughout their entire time of use. Guests who allow their children to use these areas are responsible for anything that happens either to their children or any children they or their children allow access. Guests are also responsible for any damage that occurs to adult only areas due to their children or any children they or their children allow access.
Note: All passengers/grooms must also sign a copy of this liability waiver!
Upon the terms herewith stated, I hereby irrevocably give Heidi Nyland Melocco/The Whole Picture (14766 County Road 7, Mead, CO 80542) and heirs, employers, legal representatives and assigns, those for whom Heidi Nyland Melocco/The Whole Picture is acting and those acting with their authority and permission:
a) the unrestricted right and permission to copyright and use, reuse, publish, and republish photographic portraits or pictures of me (or my owned animals and property) or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media (digital included) now or hereafter known for editorial use, illustration, art, promotion, advertising, trade, or any other purpose whatsoever known or unknown at the time of photography.
b) I also permit the use of any printed material in connection therewith.
c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
d) I hereby release, discharge and agree to save harmless Heidi Nyland Melocco/The Whole Picture her heirs, legal representatives or assigns, and all persons functioning under her permission or authority, or those for whom she is functioning under her permission or authority, or those for whom she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illustration, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
e) I hereby affirm that I am over the age of the majority or have the right to contract in my own name or the name of the person listed as model/subject below. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
f) I limit my compensation to digital copies of any photo(s) sold by the photographer to be delivered electronically (not on disk or by mail) at my request for my personal use—not in advertising or promotion.